Table of Contents


Preface

Unsworn Statements of Accused Persons

Part 1
Origins of the unsworn statement
Effect of giving the accused the right to testify
Proceedings in which statement may be made
Procedure for making statement
Evidential status of the unsworn statement
Application of rules of evidence
Extent of admissibility

Part 2
Incidence of unsworn statements
Historical justification
Recent history: The Amsberg Committee
The Crimes and Other Acts (Amendment) Bill 1974
Report of the Criminal Law Review Division
Weakness of the accused

Part 3
The accused should not have to provide evidence against himself
Cross-examination as to character
Accidental false admissions
Legitimate reasons for silence
The unsworn statement: serious or trivial?

Part 4
Lax compliance with the rules of evidence
Comments on unsworn statements
Unrepresented defendants
Other problems
Other jurisdictions
A summary