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Clause 228

applies when the accused is not legally represented. It requires the trial judge to give the accused certain information immediately after the close of the case for the prosecution. The trial judge must inform the accused in a manner which is likely to be understood by the accused that the accused has the right to answer the charge and must choose either to give evidence or to remain silent and in either case may also choose to call witnesses. After giving the above information, the trial judge must ask the accused what the accused wants to do. An express limitation has been added (when compared to section 398 of the Crimes Act 1958) that the information given to an unrepresented accused must be in the absence of the jury.