Article 46 Addresses to the court

(1)

Without prejudice to paragraphs (3) and (4), the respondent and the appellant may each address the court once with respect to the case against the appellant on the charges being heard by the court.

(2)

For the purposes of paragraph (1)—

(a)

the respondent shall address the court immediately before adducing any evidence; and

(b)

the appellant shall address the court immediately after the close of his case or, where there is more than one appellant, after the close of the case of each of the appellants.

(3)

The respondent or appellant may with the leave of the court address it at any time during the hearing on any matter relating to the appeal or the charges which are being heard by the court.

(4)

The court shall not exercise its powers under section 52FM(1)(b) of the Act to substitute another finding without affording the appellant and the respondent an opportunity to address it on the exercise of those powers in the particular case.