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entitles the accused to respond after the close of the prosecution case. Currently sections 397 and 398 of the Crimes Act 1958, which cover the subject matter of this clause, are inconsistent and difficult to follow. In order to create consistency between the declaration of the accused's entitlements and what an unrepresented accused is told under clause 228, clause 226 makes it clear that an accused is entitled to—
to make a submission that there is no case for the accused to answer;
to answer the charge by choosing to give evidence or call other witnesses to give evidence or both;
not to give evidence or call any witnesses.
This Division simplifies provisions relating to what happens after the close of the prosecution case.