At the hearing, when and in what form must the accused state whether the charges are admitted, and when does that duty fall away?
General information · Not legal advice
Material to check
In the hearing record of a practice file, we look at the minute showing that the prosecutor has finished the opening statement on the charges, the note of what the accused then said about admitting them, and any record that the accused invoked the right to refuse to testify, since the provision's exception turns on that.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the order and the duty as written: the accused, once the prosecutor's opening statement has ended, is to state whether the facts of the charge are admitted, and the only case in which no such statement is required is where the accused is exercising the right to refuse to testify.
Another reading notes that the provision fixes who speaks, at what point in the hearing, and on what question, but says nothing about how the statement of admission or non-admission is to be recorded or how far it binds later proceedings, so the record has to show that the words used did answer the question the provision puts.
Your judgment
If the hearing minute shows a short or ambiguous reply from the accused, how could a file show whether that reply amounted to a statement on admission?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change when the accused must speak or to widen the exception, or if a court decision explains what must appear in the record to count as stating whether the charges are admitted.