1. Subject to the other proposals in this Report, an accused person on trial before a judge and jury should retain the right to make a statement which does not expose the accused person to cross-examination(4.16)

2. There should continue to be no legal sanction for giving false evidence in the course of an unsworn statement.(4.22)

3. The status as evidence of material advanced by way of an unsworn statement or exhibits duly authenticated by such a statement should be confirmed by statute; such material should not be evidence for or against any other accused person unless it is adopted by that other person otherwise, the law as to the evidentiary status of an unsworn statement should be unchanged.(4.35)

4. An accused person who makes an unsworn statement may not also give sworn evidence unless the judge gives leave to do so; and if sworn evidence is given cross-examination may extend to evidence given in the unsworn statements.(4.39)

5. Where the provisions of s4l3A of the Crimes Act, 1900 would apply to an accused person who gives sworn evidence they should be extended to a person who gives evidence only by way of an unsworn statement. However, consistent with the fact that cross-examination of such a person is not to be permitted the party which would be entitled to cross-examine the accused person should with leave of the Court be entitled to lead evidence on the relevant issue, subject to such conditions as the Court thinks fit.(4.42)

6. The judge should be entitled to inform the jury that an accused person is entitled to give sworn evidence, give evidence by way of an unsworn statement or give no evidence and to inform the jury of the legal characteristics of each option.(4.62)

7. A judge shall not comment upon the failure of an accused person to give evidence.(4.68)

8. The judge should not suggest that Unsworn evidence is, by reason only that it is unsworn or that it was not subject to cross-examination necessarily less persuasive than sworn evidence.(4.68)

9. The judge should not comment on the reasons why any of the options available to an accused person was or was not taken unless the issue is raised by the accused person or by a co-accused in the presence of the jury.(4.68)

10. The Crown prosecutor shall not comment on the fact that the accused person failed to give sworn evidence or evidence unless this issue has been raised in the presence of the jury by the accused person or by a co-accused or by their legal representatives and the judge gives leave for the Crown prosecutor to comment.(4.74)

11. The right to make an unsworn statement should be extended to summary proceedings.(4.79)