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Part VU.K. Miscellaneous

Unsworn statementsE+W

72 Abolition of right of accused to make unsworn statement.E+W

(1)Subject to subsections (2) and (3) below, 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 on oath and be liable to cross-examination; but this section 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 subsection (1) above 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 section applies—

(a)to a trial; or

(b)to proceedings before a magistrates’ court acting as examining justices,

which began before the commencement of this section.