Section 51: Warning to accused
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
51. Warning to accused
(1) After the examination of the witnesses for the prosecution has been
completed the Magistrate shall say to the accused these words or words to
the like effect—
Having heard the evidence, 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 against you upon
your trial, and you are also clearly to understand that you have
nothing to hope from any promise of favour, and nothing to fear
from any threat which may have been held out to you to induce
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District and Intermediate Courts (Criminal Jurisdiction) Act
you to make any admission or confession of your guilt, but
whatever you shall now say may be given in evidence against
you upon your trial, notwithstanding such promise or threat.
(2) Whatever the accused shall then say shall be taken down in writing
and read over to him and shall be signed by the Magistrate, and afterwards
on the trial of the accused the same may be given in evidence against him,
without further proof, unless it is proved that the Magistrate purporting to
sign the same did not in fact sign the same.
(3) Nothing in this Act shall prevent the prosecutor giving as evidence
any admission, confession or other statement of the accused made at any
time, which by law is admissible as evidence against him.
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Questions this section answers
- Am I obliged to say anything in answer to the charge, and can what I say be used against me at trial?
- If I make a statement to the Magistrate, must it be read back to me and signed before it can be used?