Criminal Procedure (Order of Speeches) Act 2009
CRIMINAL PROCEDURE (ORDER OF SPEECHES) ACT 2009
1
BERMUDA
2009 : 5
CRIMINAL PROCEDURE (ORDER OF SPEECHES) ACT 2009
[Date of assent: 25 March 2009]
[Operative Date: 25 March 2009]
WHEREAS it is expedient to amend the law relating to closing
speeches in criminal trials:
Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:
Short title
1 This Act may be cited as the Criminal Procedure (Order of
Speeches) Act 2009.
Repeals and replaces section 530 of Criminal Code
2 Section 530 of the Criminal Code is repealed and replaced by the
following—
“Order of speeches
530 (1) Before any evidence is given at the trial of an accused
person, counsel for the prosecution is entitled to address the
jury for the purpose of opening the evidence intended to be
adduced for the prosecution.
(2) After the close of the evidence for the prosecution, the
accused person or, if there is more than one accused person,
each accused person may by himself or his counsel address the
jury for the purpose of opening the evidence, if any, intended to
be adduced for the defence.
CRIMINAL PROCEDURE (ORDER OF SPEECHES) ACT 2009
2
(3) After the defence has adduced all the evidence, if any,
it intends to adduce, and before any closing speech is made by
or on behalf of an accused person under subsection (4), counsel
for the prosecution may—
(a) in respect of an accused person who is
represented by counsel, make a closing speech to
the jury on the case against that accused person;
and
(b) in respect of an accused person who is not
represented by counsel, with the leave of the
Court make a closing speech to the jury on the
case against that accused person.
(4) After the prosecution has made its closing speech, if
any, and regardless of whether or not any evidence is adduced
for the defence, the accused person or, if there is more than one
accused person, each accused person may by himself or his
counsel make a closing speech to the jury.”.
Consequential amendments to Criminal Code & Evidence Act 1905
3 (1) The proviso to section 528 of the Criminal Code is repealed.
(2) Section 41 of the Evidence Act 1905 is repealed.
Application
4 This Act applies to—
(a) all criminal trials that commence after the coming into
operation of this Act; and
(b) any criminal trial that has already commenced when
this Act comes into operation if neither the prosecution
nor the defence has made a closing speech at that trial.
