351Arraignment

351 Arraignment

(1)  When an accused person is to be tried he shall be brought to the bar of the court and informed of the crime charged against him as set forth in the indictment; and if he so requires, the indictment shall, subject to the provisions of subsection (2) , be read over to him; and he shall be then called upon to plead.

(2)  In any case in which a previous conviction is alleged in the indictment the accused person shall in the first place be arraigned on so much of the indictment as charges the subsequent crime, and no reference to such previous conviction shall be then made to the jury, except as provided in subsection (5) .

(3)  If the accused person pleads, or is found, guilty of such subsequent crime, he shall then, and not before, be asked whether he has been previously convicted as so alleged.

(4)  If the accused person denies such previous conviction, or wilfully refuses to answer, or does not answer directly to, such question as aforesaid, the jury shall then be charged to inquire whether he has been so previously convicted or not.

(5)  In any such case as aforesaid, if the accused person gives evidence of good character, either by cross-examination or calling witnesses, such previous conviction as aforesaid may be proved before the jury give their verdict upon the charge for the subsequent crime.

(6)  The trial shall be deemed to begin when the accused is called upon to plead.