35 Effect of accused's silence at trial

35  Effect of accused's silence at trial

(1)     At the trial of any person . . . for an offence, subsections (2) and (3) below apply unless—

(a)     the accused's guilt is not in issue; or

(b)     it appears to the court that the physical or mental condition of the accused makes it undesirable for him to give evidence;

but subsection (2) below does not apply if, at the conclusion of the evidence for the prosecution, his legal representative informs the court that the accused will give evidence or, where he is unrepresented, the court ascertains from him that he will give evidence.

(2)

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