After the presiding judge has heard the prosecutor's opinion, to whom must an opportunity to state a final opinion be given, and how mandatory is it?
General information · Not legal advice
Material to check
In the trial record of a practice case we read the transcript or minutes for the point at which the prosecutor stated an opinion, and for any entry showing the presiding judge then turning to the accused and to defence counsel.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the sequence the provision sets: only after hearing the prosecutor's opinion must the presiding judge give the accused and defence counsel an opportunity to state their final opinion, and the duty is written as a must, so it rests with the judge and extends to each of the two.
Another reading notes that the provision requires an opportunity to be given, not an opinion to be delivered, so it leaves open what the record must show where the accused or counsel declines the chance, and whether the chance may be offered to them together rather than separately.
Your judgment
How could the record show whether the opportunity given at that point covered both the accused and defence counsel, where counsel alone stated a final opinion?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who must be heard or on what condition, or if a court decision explains what follows when the opportunity was not given or was declined.