(
1988 Ed.]
Magistrates
[CAP. 227
Provisions as to taking of depositions, and caution to and statement of accused on proceedings before examining justices
5333
82. (1) After the examination of all the witnesses and the admission of any statements for the prosecution has been completed, subject to the rejection of any submission made that there is no case which the accused should be called upon to answer, the magistrate shall read the charge to the accused and explain the nature thereof to him in ordinary language, and inform him that he has the right to call witnesses, and, if he so desires, to give evidence on his own behalf. After so doing the magistrate shall then-
(a) except where the offence is punishable by death, ascertain whether the accused desires to plead guilty to the charge in accordance with the provisions of section 81B; and
(b) if the offence is punishable by death or if the accused does not then plead guilty, address to him the following 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 will be taken down in writing and may be given in evidence upon your trial." (Amended, 49 of 1965, s. 16 and 48 of 1983, s. 3)
(2) Before the accused makes any statement in answer to the charge, the magistrate shall state to him and give him clearly to understand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatsoever he then says may be given in evidence on his trial notwithstanding the promise or threat. [cf. U.K. 1925 c. 86, s. 12(3)]
(3) Whatever the accused says in answer to the charge shall be taken down in writing and read over to the accused and signed by the magistrate and, if the accused so desires, by him, and shall be transmitted with the depositions as hereinafter mentioned. On the trial the statement of the accused taken down as aforesaid, and whether signed by him or not, may be given in evidence without further proof thereof, unless it is proved that the magistrate purporting to sign the statement did not in fact sign it. (See Form 78) [cf. U.K. 1925 c. 86, s. 12(4)]
(4)-(5) [Repealed, 48 of 1983, s. 3]
Evidence of accused and defence witnesses
(Replaced, 24 of 1949, s. 24)
83. (1) Immediately after complying with the requirements of the preceding section relating to the statement of the accused, and whether the accused has or has not made a statement, the magistrate shall ask the accused whether he desires to give evidence on his own behalf and whether he desires to call witnesses.
(2) If the accused in answer to the question states that he wishes to give evidence but not to call witnesses, the magistrate shall proceed to take forthwith the evidence of the accused, and after the conclusion of the evidence of the accused his counsel shall be heard on his behalf if he so desires.