78.—(1) Subject to paragraphs (2) and (3), in any criminal proceedings the accused shall not be entitled to make a statement without being sworn, and accordingly, if he gives evidence, he shall do so [F1(subject to Articles 33 and 34 of the Criminal Evidence (Northern Ireland) Order 1999)] on oath and be liable to cross‐examination; but this Article shall not affect the right of the accused, if not represented by counsel or a solicitor, to address the court or jury otherwise than on oath on any matter on which, if he were so represented, counsel or a solicitor could address the court or jury on his behalf.
(2) Nothing in paragraph (1) shall prevent the accused making a statement without being sworn—
(a)if it is one which he is required by law to make personally; or
(b)if he makes it by way of mitigation before the court passes sentence upon him.
(3) Nothing in this Article shall apply—
(a)to a trial which began before the day of the coming into operation of this Article; or
(b)to proceedings before a magistrates' court, where—
(i)the court, in conducting a preliminary investigation, began to hear the evidence for the prosecution (other than a deposition relating to the arrest or remand of the accused) before that day, or
(ii)the court began to conduct a preliminary inquiry before that day.
F1Words in art. 78(1) inserted (4.5.2010) by Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)), arts. 1(2), 40(1), Sch. 1 para. 3(1); S.R. 2010/142, art. 2, Sch. paras. 2, 5(1)(b)