Part V

Miscellaneous

Unsworn statements

Abolition of right of accused to make unsworn statement.
72
1
Subject to subsections (2) and (3) below, 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 (subject to sections 55 and 56 of the Youth Justice and Criminal Evidence Act 1999) on oath and be liable to cross-examination; but this section 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 subsection (1) above 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words in s. 72(1) inserted (24.7.2002) by 1999 c. 23, ss. 67, 68(3) Sch. 4 para. 10 (with Sch. 7 para. 5(2)); S.I. 2002/1739, art. 2(f)
S. 72(3) repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3