Section 367 — Crimes Act 1961: Evidence and addresses

367 Evidence and addresses (1) Upon the trial of any accused person, counsel for the prosecution may open his case and after such opening (if any) shall be entitled to call such witnesses as he thinks fit; and the accused person, whether he is defended by counsel or not, shall be allowed at the end of the case for the prosecution, if he thinks fit, to open his case, and after such opening (if any) shall be entitled to call such witnesses as he thinks fit. (1A) Without limiting subsection (1) , the Court may give an accused person leave to make an opening statement, after any opening by the prosecution and before any evidence is adduced, for the purposes only of identifying the issue or issues at the trial. (1B) Nothing in an opening statement made under subsection (1A) limits the rights of an accused person to raise any other issue or issues at the trial. (1C) The Court may give an accused person (whether defended by counsel or not) leave to call 1 or more expert witnesses immediately after counsel for the prosecution has called 1 or more expert witnesses. (1D) Leave under subsection (1C) overrides subsection (1), but does not affect the calling of expert or other witnesses who are not the subject of the leave, or prevent cross-examination or re-examination of any expert witness. (2) When all the evidence (including any evidence given on cross-examination, re-examination, or in rebuttal) is concluded, counsel for the prosecution may make a closing address to the jury. (3) After the closing address (if any) on behalf of the prosecution the accused or his counsel may make a closing address to the jury and the prosecution shall have no right of reply in any case. Section 367 was substituted, as from 1 January 1967, by section 6 Crimes Amendment Act 1966 (1966 No 98). Section 367(1): amended, on 26 June 2008, by section 5(1) of the Crimes Amendment Act (No 2) 2008 (2008 No 37). Subsections (1A) and (1B) were inserted, as from 14 November 2000, by section 3 Crimes Amendment Act 2000 (2000 No 57). Section 367(1C): inserted, on 26 June 2008, by section 5(2) of the Crimes Amendment Act (No 2) 2008 (2008 No 37). Section 367(1D): inserted, on 26 June 2008, by section 5(2) of the Crimes Amendment Act (No 2) 2008 (2008 No 37).