South Australian Numbered Acts South Australian Numbered Acts5—Substitution of section 288A
Section 288A—delete the section and substitute:
288A—Defence to be invited to outline issues in dispute at conclusion of
opening address for the prosecution
(1) On the trial of an
offence on information, the judge is to invite the defendant, at the
conclusion of the prosecutor's opening address, to address the court to
outline the issues in contention between the prosecution and the defence.
(2) The defendant may
then address the court accordingly or decline the invitation.
(3) If the trial is
before a jury, the invitation to exercise a right under this section must be
made in the absence of the jury and a defendant's failure to exercise a right
that he or she has been invited to exercise under this section is not to be
made the subject of comment by the judge or the prosecutor to the jury.
288AB—Right to call or give evidence
(1) A person charged
with an offence may, at the conclusion of the evidence for the prosecution,
give or call evidence in his or her defence.
(2) If evidence is to
be given for the defence, the defendant may, before giving or calling the
evidence, address the court outlining the case for the defence.
(3) If there are 2 or
more defendants, an address on behalf of any of those defendants must be given
before evidence is given by or on behalf of that defendant and, if the court
so directs, before evidence is given by or on behalf of any of the defendants.
(4) A defendant may
exercise a right to address the court under this section even though he or she
has already addressed the court to outline issues in contention between the
prosecution and the defence.