Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(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.