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Article 58 The case for the defence

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

After the close of the case for the prosecution, the judge advocate shall satisfy himself that the accused understands—

(a)

that he may give evidence in his defence if he wishes, but he is not obliged to do so;

(b)

the consequences of choosing to remain silent at trial;

(c)

that, if he chooses to give evidence, he will be liable to be cross-examined by the prosecutor and questioned by the court; and

(d)

that he may call witnesses on his behalf.

(2)

The judge advocate shall ask the accused—

(a)

whether he intends to give evidence in his defence;

(b)

whether he intends to call any witnesses on his behalf; and

(c)

if he intends to call witnesses, whether they are witnesses to fact or to character.

(3)

Where the accused intends to call a witness to the facts of the case, other than himself, he may make an opening address outlining the case for the defence before the evidence is given.