Section 364 — Crimes Act 1961: Caution to accused when undefended

364 Caution to accused when undefended Where on arraignment any accused person who is not defended by counsel pleads not guilty, the Court shall cause to be handed to him, before the evidence for the prosecution is heard, a written statement in the following words, or in words to the like effect, that is to say: “ When the evidence against you has been heard, you will be asked whether you wish to give evidence yourself or to call witnesses. You are not obliged to give or call evidence but, if you do, that evidence may be used against you. You should consider in particular whether evidence which you can give is relevant and will assist you in your defence. If you do not give evidence no person other than the Judge and yourself may comment on that fact. ” Compare: 1908 No 32 s 422 Section 364 was amended, as from 1 January 1967, by section 4(2) Crimes Amendment Act 1966 (1966 No 98) by substituting the statement shown above in quotation marks.