Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Election when accused is not legally represented

    (1)     If an accused is not represented by a legal practitioner, immediately after the close of the case for the prosecution and in the absence of the jury, the trial judge must inform the accused, in a manner that is likely to be understood by the accused, that—

        (a)     the accused has the right to answer the charge and must choose either—

S. 228(1)(a)(i) amended by No. 6/2018 s. 68(Sch. 2 item 38.1).

              (i)     to give sworn or affirmed evidence, that is, to enter the witness box, take the oath or make an affirmation and say what the accused wants to say in answer to the charge and then to respond to any questions from the prosecution or the court about the evidence of the accused; or

              (ii)     to say nothing in answer to the charge; and

        (b)     in either case, the accused may call any witnesses to give evidence at the trial.

    (2)     After giving the information referred to in subsection (1), the trial judge must ask the accused what the accused wants to do.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback