PART IVTRIAL PROCEEDINGS

Evidence for the accused48

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1

After the close of the case for the prosecution, the judge advocate shall explain to the accused that–

a

if he wishes, he may give evidence on oath as a witness but he is not obliged to do so;

b

if he gives evidence on oath, he will be liable to be cross-examined by the prosecutor and to be questioned by the court and by the judge advocate; and

c

whether he gives evidence or remains silent, he may call witnesses on his behalf.

2

After the judge advocate has complied with paragraph (1) of this Order he shall ask the accused if he intends to give evidence on oath and if he intends to call any witnesses on his behalf and, if so, whether these are witnesses to fact or to character only.

3

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