Once the evidence has been examined, who may question the accused, and can that questioning be allowed to start earlier?
General information · Not legal advice
Material to check
In the hearing record of this practice exercise we look for the point the examination of evidence was closed, the order in which each side questioned the accused, and any ruling by the presiding judge allowing the questioning sooner. The cross-applied rules are not in the provision's text.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the sequence at its word: once the examination of evidence has ended, the prosecutor and defence counsel may question the accused, in turn, on whatever is needed about the charge and about the circumstances bearing on sentencing; only the presiding judge may open that questioning earlier, and only where the judge finds it necessary.
Another reading separates the two kinds of questioning: questioning the presiding judge conducts personally carries no such order or timing condition, so the judge may question when the judge finds it necessary; the cross-applied rules the provision refers to are not reproduced in its text, so how the questioning is conducted must be read from them.
Your judgment
Where the hearing record does not fix the moment the examination of evidence was closed, how could a party show whether the questioning needed the presiding judge's permission?
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 the order or timing of questioning, if a court decision explains when the presiding judge may permit questioning before the evidence is complete, or if a copy of the cross-applied rules is put in the file.