Abolition of right of accused to make unsworn statement
78.—(1) Subject to paragraphs (2) and (3), in any criminal proceedings the accused shall not be entitled to make a statement without being sworn, and accordingly, if he gives evidence, he shall do so on oath and be liable to cross-examination; but this Article shall not affect the right of the accused, if not represented by counsel or a solicitor, to address the court or jury otherwise than on oath on any matter on which, if he were so represented, counsel or a solicitor could address the court or jury on his behalf.
(2) Nothing in paragraph (1) shall prevent the accused making a statement without being sworn—
(a)if it is one which he is required by law to make personally; or
(b)if he makes it by way of mitigation before the court passes sentence upon him.
(3) Nothing in this Article shall apply—
(a)to a trial which began before the day of the coming into operation of this Article; or
(b)to proceedings before a magistrates' court, where—
(i)the court, in conducting a preliminary investigation, began to hear the evidence for the prosecution (other than a deposition relating to the arrest or remand of the accused) before that day, or
(ii)the court began to conduct a preliminary inquiry before that day.