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PART IPowers and Proceedings of Courts.

Miscellaneous provisions relating to procedure, appeals, evidence, etc.

42Order of speeches.

(1)Notwithstanding anything in section two of the [28 & 29 Vict. c. 18.] Criminal Procedure Act, 1865, as amended by section three of the [61 & 62 Vict. c. 36.] Criminal Evidence Act, 1898, the prosecution shall not be entitled to the right of reply upon the trial of any person on indictment on the ground only that documents have been put in evidence for the defence.

(2)Notwithstanding anything in section two of the Criminal Evidence Act, 1898, or in section fourteen of the Summary Jurisdiction Act,'1848, a person charged with an offence before a court of summary jurisdiction or his counsel or his solicitor shall be entitled to address the court either at the conclusion of the case for the prosecution or at the conclusion of the evidence, at his discretion; and where oral evidence is given by witnesses for the defence in addition to the evidence of the person charged, the court may allow him or his counsel or solicitor to address the court both at the conclusion of the case for the prosecution and at the conclusion of the evidence, but in that case the prosecutor shall be entitled to the right of reply.

(3)The provisions of the last foregoing subsection shall not apply to proceedings before examining justices.