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Magistrates Court Act 1930
91Proceeding following prosecution evidence
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91 Proceeding following prosecution evidence
(1) When all the evidence offered by the prosecution in relation to the
indictable offence with which the accused person is charged has been
taken, the court must charge the accused person with the offence and
must say to the accused person these words, or words to the like
effect:
‘Do you wish to say anything in answer to the charge? You are not
obliged to say anything unless you desire to do so; but whatever you
say may be given in evidence against you on your trial. You are
clearly to understand that you have nothing to hope from any promise
or favour, and nothing to fear from any threat that may have been held
out to you to induce you to make any admission or confession of your
guilt; but whatever you now say may be given in evidence against
you on your trial, notwithstanding any such promise or threat.’.
(2) Subsection (1) does not apply in relation to a person charged with an
indictable offence if the court has decided to dispose of the case
summarily under a law in force in the ACT.
(3) If the court commits the accused person for trial before the Supreme
Court, any statement made by the person in reply to the question
mentioned in subsection (1) is, on the trial of the accused person,
admissible as evidence.
(4) Whether or not the accused person makes a statement in reply to the
question mentioned in subsection (1), the magistrate must ask the
person if the person wishes to give evidence himself or herself or to
call any witnesses on his or her behalf and, if the accused person or
any other person then gives evidence, the prosecutor is at liberty to
cross-examine the witness and to adduce evidence in reply.