Once the court has closed the arguments, who may have them reopened, and on what finding?
General information · Not legal advice
Material to check
In a practice file, we read the hearing record for the point at which the court closed the arguments, any application asking that they be reopened, filed by the prosecutor, the accused or defence counsel, and the court's ruling on it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision's own wording: where the court finds reopening necessary, it may reopen the closed arguments by a ruling, either on its own motion or on an application by the prosecutor, the accused or defence counsel.
Another reading notes that necessity is the finding the provision requires but does not define, and that the power rests in the court, so an application by any of the three named actors still leaves the court to decide whether to reopen.
Your judgment
What in the hearing record could show the court that the arguments should be reopened rather than the matter simply decided as closed?
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 set who may apply or to define when reopening is necessary, or if a court decision explains what the necessity finding requires.