371Speeches by counsel and summing up

371 Speeches by counsel and summing up

*[Section 371 Amended by No. 89 of 1993, s. 5 ]*The following rules shall apply to the proceedings upon the trial of an indictment:

(a) before any evidence is given the counsel for the Crown is entitled to address the jury for the purpose of opening the case for the prosecution;

(ab) [Section 371 Amended by No. 2 of 1999, s. 4, Applied:07 Apr 1999] immediately following an address by counsel for the Crown under paragraph (a) and before any evidence is given, the accused person or the counsel for the accused person, by way of reply, may address the jury for the purposes only of identifying –

(i) any matters of fact that are not in dispute or that the accused is prepared to admit; and

(ii) any issues that the accused contends are important to the defence case;

(b) at the close of the evidence for the prosecution an officer of the court shall ask the accused person whether he intends to adduce evidence in his defence;

(c) [Section 371 Amended by No. 21 of 2016, s. 4, Applied:11 Jul 2016] if the accused person calls no witnesses, he or she may give evidence on oath (but by so doing is not taken to adduce evidence) and counsel for the Crown may, if he or she thinks it is a proper case in which to do so, make a second speech summing up the Crown's evidence and commenting on the evidence of the accused person, if any, and –

(i) if the accused person has no counsel, the accused person may address the jury in his or her own defence; or

(ii) if the accused person has counsel, his or her counsel may address the jury on the accused person's behalf;

(d) if the accused person adduces evidence –

(i) upon the close of the evidence for the Crown he or his counsel may address the jury for the purpose of opening the case for his defence, and call his evidence, giving his own evidence first if he desires to give evidence personally;

(ii) after the close of such evidence he, or his counsel, may address the jury, summing up his defence; and