Section 71Part 4 — Procedure in Trials before the Summary Court
The defence
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At the close of the evidence in support of the charge, if it appears to the court that a prima facie case is made out against the accused person the court shall again where the case is not defended by counsel explain the substance of the charge to the accused and shall inform the accused person that that accused person has a right to give evidence on oath from the witness box and that, if the accused person does so, that accused person will be liable to cross-examination; and the court shall ask that accused person whether that accused person has any witnesses to examine or other evidence to adduce in that accused person's defence, and shall then hear the accused and the accused person's witnesses, if any.
If the accused person states that the accused person has witnesses to call but that they are not present in court, and the court is satisfied that the absence of such witnesses is not due to any fault or neglect of the accused person and that there is a likelihood that they could, if present, give material evidence on behalf of the accused person, the court shall adjourn the trial and issue process or take other steps, as necessary, to compel the attendance of such witnesses.