Tasmanian Consolidated Acts

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CRIMINAL CODE 1924 - SECT 371

   Speeches by counsel and summing up
The following rules shall apply to the proceedings upon the trial of an indictment:
(a) before any evidence is given the counsel for the Crown is entitled to address the jury for the purpose of opening the case for the prosecution;
(ab) immediately following an address by counsel for the Crown under paragraph (a) and before any evidence is given, the accused person or the counsel for the accused person, by way of reply, may address the jury for the purposes only of identifying –
(i) any matters of fact that are not in dispute or that the accused is prepared to admit; and
(ii) any issues that the accused contends are important to the defence case;
(b) at the close of the evidence for the prosecution an officer of the court shall ask the accused person whether he intends to adduce evidence in his defence;
(c) if the accused person calls no witnesses, he or she may give evidence on oath (but by so doing is not taken to adduce evidence) and counsel for the Crown may, if he or she thinks it is a proper case in which to do so, make a second speech summing up the Crown's evidence and commenting on the evidence of the accused person, if any, and –
(i) if the accused person has no counsel, the accused person may address the jury in his or her own defence; or
(ii) if the accused person has counsel, his or her counsel may address the jury on the accused person's behalf;
(d) if the accused person adduces evidence –
(i) upon the close of the evidence for the Crown he or his counsel may address the jury for the purpose of opening the case for his defence, and call his evidence, giving his own evidence first if he desires to give evidence personally;
(ii) after the close of such evidence he, or his counsel, may address the jury, summing up his defence; and
(iii) counsel for the Crown may then reply;
(e) where there are more than one accused persons and any of them adduces evidence, counsel for the Crown shall have the right to reply as to the evidence adduced by him, but as to any of the accused persons who does not adduce evidence the provisions of paragraph (c) shall apply;
(f) .  .  .  .  .  .  .  .  
(g) if the only evidence adduced by an accused person is as to character, counsel for the Crown is entitled to reply if in his opinion there are any special circumstances which render it necessary for him to do so;
(h) .  .  .  .  .  .  .  .  
(i) evidence in rebuttal may be called by the Crown if the judge is of opinion that in the circumstances of the particular case it should be allowed;
(j) after all the evidence and all addresses to the jury have been concluded the judge shall instruct the jury as to the law applicable to the case, with such observations upon the evidence as the judge may think fit to make; and the jury may then, if they so desire, retire to some place set apart for that purpose, to consider their verdict.



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