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Northern Irish Legislation

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CRIMINAL PROCEDURE ACT 1865 - SECT 2

Summing up of evidence.

2. If any prisoner or prisoners, defendant or defendants, shall be defended by
counsel, but not otherwise, it shall be the duty of the presiding judge, at
the close of the case for the prosecution, to ask the counsel for each
prisoner or defendant so defended by counsel whether he or they intend to
adduce evidence; and in the event of none of them thereupon announcing his
intention to adduce evidence, the counsel for the prosecution shall be allowed
to address the jury a second time in support of his case, for the purpose of
summing up the evidence against such prisoner or prisoners, or defendant or
defendants; and upon every trial ..., whether the prisoners or defendants, or
any of them, shall be defended by counsel or not, each and every such prisoner
or defendant, or his or their counsel respectively, shall be allowed, if he or
they shall think fit, to open his or their case or cases respectively; and
after the conclusion of such opening or of all such openings, if more than
one, such prisoner or prisoners, or defendant or defendants, or their counsel,
shall be entitled to examine such witnesses as he or they may think fit, and
when all the evidence is concluded to sum up the evidence respectively; and
the right of reply, and practice and course of proceedings, save as hereby
altered, shall be as at present.


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© 1865 Crown Copyright

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