§ 230 — Procedure at trial

230.—(1) The following procedure must be complied with at the trial in all courts:(a)

at the commencement of the trial, the charge must be read and explained to the accused and the accused’s plea taken;

(b)

if the accused pleads guilty to the charge, the court must follow the procedure set out in Division 3 of Part 11;

(c)

if the accused refuses to plead or does not plead or claims trial, the court must proceed to hear the case;

(d)

the prosecutor may open the prosecutor’s case and state shortly the nature of the offence with which the accused is charged and the evidence by which the prosecutor proposes to prove the guilt of the accused;

(e)

the prosecutor must then examine the prosecutor’s witnesses (if any) and each of them may in turn be cross‑examined by the accused and every co‑accused, after which the prosecutor may re‑examine them;

(f)

after the prosecutor has concluded the prosecutor’s case, the defence may invite the court to dismiss the case on the ground that there is no case to answer and the prosecutor may reply to the submission;

(g)

the court may alter the charge or frame a new charge before calling on the accused to give the accused’s defence and if the court does so, the court must follow the procedure set out in sections 128 to 131;

(h)

if the accused pleads guilty to this altered or new charge, the court must follow the procedure set out in Division 3 of Part 11;

(i)

if the accused refuses to plead or does not plead or claims trial to the altered or new charge, the court must proceed in accordance with the procedure set out hereinafter;

(j)

if after considering the evidence referred to in paragraph (e), the court is of the view that there is some evidence which is not inherently incredible and which satisfies each and every element of the charge as framed by the prosecutor or as altered or framed by the court, the court must call on the accused to give the accused’s defence;

(k)

the court must order a discharge amounting to an acquittal if it is of the view that there is no such evidence as referred to in paragraph (j);

(l)

nothing in paragraphs (j) and (k) prevents any court from acquitting the accused at any previous stage of the case if, for reasons to be recorded by the court, it considers the charge to be groundless;

(m)

before the accused calls any evidence in the accused’s defence, the court must inform the accused that the accused will be called upon by the court to give evidence in the accused’s own defence and what the effect will be if, when so called on, the accused refuses to give evidence on oath or affirmation; and the court may inform the accused in the following terms:

“I find that the prosecution has made out a case against you on the charge(s) on which you are being tried. There is some evidence, not inherently incredible, that satisfies each and every element of the charge(s). Accordingly, I call upon you to give evidence in your own defence.

You have 2 courses open to you. First, if you elect to give evidence you must give it from the witness box, on oath or affirmation, and be liable to cross‑examination. Second, if you elect not to give evidence in the witness box, that is to say, remain silent, then I must tell you that the court in deciding whether you are guilty or not, may draw such inferences as appear proper from your refusal to give evidence, including inferences that may be adverse to you.

Let me also say, whichever course you take, it is open to you to call other evidence in your own defence. You may confer with your counsel on the course you wish to take.

I now call upon you to give evidence in your own defence. How do you elect?”;

(n)

after the court has called upon the accused to give the accused’s defence, the accused may —(i)

plead guilty to the charge, in which event the court must follow the procedure set out in Division 3 of Part 11; or

(ii)

choose to give the accused’s defence;

(o)

when the accused is called on to begin the accused’s defence, the accused may, before producing the accused’s evidence, open the accused’s case by stating the facts or law on which the accused intends to rely and make such comments as the accused thinks necessary on the evidence for the prosecution;

(p)

if the accused is giving evidence in the accused’s own defence, the evidence must be taken in the following order:(i)

the accused must give evidence and then be cross‑examined first by the other co‑accused (if any) and then by the prosecutor after which the accused may be re‑examined;

(ii)

any witness for the defence of the accused must give evidence and they may in turn be cross‑examined first by the other co‑accused (if any) and then by the prosecutor after which the witness may be re‑examined;

(iii)

where there are other co‑accused persons, they and their witnesses must then give evidence and be cross‑examined and re‑examined in like order;

(q)

an accused may apply to the court to issue process for compelling the attendance of any witness for the purpose of examination or cross‑examination or to produce any exhibit in court, whether or not the witness has previously been examined in the case;

(r)

the court must issue process unless it considers that the application made under paragraph (q) should be refused because it is frivolous or vexatious or made to delay or frustrate justice and in such a case the court must record the reasons for the order;

(s)

before summoning any witness pursuant to an application under paragraph (q), the court may require that the witness’s reasonable expenses incurred in attending the trial be deposited in court by the defence;

(t)

at the close of the defence case, the prosecution has the right to call a person as a witness or recall and re‑examine a person already examined, for the purpose of rebuttal, and such witness may be cross‑examined by the accused and every co‑accused, after which the prosecutor may re‑examine the witness;

(u)

at the close of the defence case, the accused may sum up the accused’s case;

(v)

the prosecution has the final right of reply on the whole case;

(w)

if the court finds the accused not guilty, it must order a discharge amounting to an acquittal, and must, provided no other charge is pending against the accused, forthwith release the accused;

(x)

if the court finds the accused guilty, it must record a conviction and comply with the procedure in section 228 after which it must pass sentence in accordance with the law.

(2) Where a witness, other than an accused, is giving evidence for the prosecution or the defence, the court may, on the application of either party, interpose that witness with any other witness if the court is of the view that there are good reasons to do so.

—(1) The following procedure must be complied with at the trial in all courts:(a)

at the commencement of the trial, the charge must be read and explained to the accused and the accused’s plea taken;

(b)

if the accused pleads guilty to the charge, the court must follow the procedure set out in Division 3 of Part 11;

(c)

if the accused refuses to plead or does not plead or claims trial, the court must proceed to hear the case;

(d)

the prosecutor may open the prosecutor’s case and state shortly the nature of the offence with which the accused is charged and the evidence by which the prosecutor proposes to prove the guilt of the accused;

(e)

the prosecutor must then examine the prosecutor’s witnesses (if any) and each of them may in turn be cross‑examined by the accused and every co‑accused, after which the prosecutor may re‑examine them;

(f)

after the prosecutor has concluded the prosecutor’s case, the defence may invite the court to dismiss the case on the ground that there is no case to answer and the prosecutor may reply to the submission;

(g)

the court may alter the charge or frame a new charge before calling on the accused to give the accused’s defence and if the court does so, the court must follow the procedure set out in sections 128 to 131;

(h)

if the accused pleads guilty to this altered or new charge, the court must follow the procedure set out in Division 3 of Part 11;

(i)

if the accused refuses to plead or does not plead or claims trial to the altered or new charge, the court must proceed in accordance with the procedure set out hereinafter;

(j)

if after considering the evidence referred to in paragraph (e), the court is of the view that there is some evidence which is not inherently incredible and which satisfies each and every element of the charge as framed by the prosecutor or as altered or framed by the court, the court must call on the accused to give the accused’s defence;

(k)

the court must order a discharge amounting to an acquittal if it is of the view that there is no such evidence as referred to in paragraph (j);

(l)

nothing in paragraphs (j) and (k) prevents any court from acquitting the accused at any previous stage of the case if, for reasons to be recorded by the court, it considers the charge to be groundless;

(m)

before the accused calls any evidence in the accused’s defence, the court must inform the accused that the accused will be called upon by the court to give evidence in the accused’s own defence and what the effect will be if, when so called on, the accused refuses to give evidence on oath or affirmation; and the court may inform the accused in the following terms:

“I find that the prosecution has made out a case against you on the charge(s) on which you are being tried. There is some evidence, not inherently incredible, that satisfies each and every element of the charge(s). Accordingly, I call upon you to give evidence in your own defence.

You have 2 courses open to you. First, if you elect to give evidence you must give it from the witness box, on oath or affirmation, and be liable to cross‑examination. Second, if you elect not to give evidence in the witness box, that is to say, remain silent, then I must tell you that the court in deciding whether you are guilty or not, may draw such inferences as appear proper from your refusal to give evidence, including inferences that may be adverse to you.

Let me also say, whichever course you take, it is open to you to call other evidence in your own defence. You may confer with your counsel on the course you wish to take.

I now call upon you to give evidence in your own defence. How do you elect?”;

(n)

after the court has called upon the accused to give the accused’s defence, the accused may —(i)

plead guilty to the charge, in which event the court must follow the procedure set out in Division 3 of Part 11; or

(ii)

choose to give the accused’s defence;

(o)

when the accused is called on to begin the accused’s defence, the accused may, before producing the accused’s evidence, open the accused’s case by stating the facts or law on which the accused intends to rely and make such comments as the accused thinks necessary on the evidence for the prosecution;

(p)

if the accused is giving evidence in the accused’s own defence, the evidence must be taken in the following order:(i)

the accused must give evidence and then be cross‑examined first by the other co‑accused (if any) and then by the prosecutor after which the accused may be re‑examined;

(ii)

any witness for the defence of the accused must give evidence and they may in turn be cross‑examined first by the other co‑accused (if any) and then by the prosecutor after which the witness may be re‑examined;

(iii)

where there are other co‑accused persons, they and their witnesses must then give evidence and be cross‑examined and re‑examined in like order;

(q)

an accused may apply to the court to issue process for compelling the attendance of any witness for the purpose of examination or cross‑examination or to produce any exhibit in court, whether or not the witness has previously been examined in the case;

(r)

the court must issue process unless it considers that the application made under paragraph (q) should be refused because it is frivolous or vexatious or made to delay or frustrate justice and in such a case the court must record the reasons for the order;

(s)

before summoning any witness pursuant to an application under paragraph (q), the court may require that the witness’s reasonable expenses incurred in attending the trial be deposited in court by the defence;

(t)

at the close of the defence case, the prosecution has the right to call a person as a witness or recall and re‑examine a person already examined, for the purpose of rebuttal, and such witness may be cross‑examined by the accused and every co‑accused, after which the prosecutor may re‑examine the witness;

(u)

at the close of the defence case, the accused may sum up the accused’s case;

(v)

the prosecution has the final right of reply on the whole case;

(w)

if the court finds the accused not guilty, it must order a discharge amounting to an acquittal, and must, provided no other charge is pending against the accused, forthwith release the accused;

(x)

if the court finds the accused guilty, it must record a conviction and comply with the procedure in section 228 after which it must pass sentence in accordance with the law.

(2) Where a witness, other than an accused, is giving evidence for the prosecution or the defence, the court may, on the application of either party, interpose that witness with any other witness if the court is of the view that there are good reasons to do so.