Warning and Statement of Accused

Patrick Ducharme
Patrick Ducharme

Before hearing any witness called by an accused who is not represented by counsel, the Justice shall address the accused as follows:
Do you wish to say anything in answer to these charges or to any other charges, which might have arisen from the evidence led by the prosecution? You are not obliged to say anything, but whatever you do say may be given in evidence against you at your trial. You should not make any confession or admission of guilt because of any promise or threat made to you but if you do make any statement it may be given in evidence against you at your trial in spite of the promise or threat.

When the accused says anything in answer to this inquiry by the Justice the response is recorded and shall be signed by the Justice and kept with the evidence of the witnesses and dealt with in accordance with this Part.

Canadian Criminal Procedure by Patrick J Ducharme

The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.

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