Defence to be invited to outline issues in dispute at conclusion of opening address for the prosecution
136 Defence to be invited to outline issues in dispute at conclusion of opening address for the prosecution
On the trial of an offence on information in a superior court, 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.
The defendant may then address the court accordingly or decline the invitation.
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 the defendant 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.
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