VS

AMALIO BAEZA

Supreme Court
Corozal Session
December, 1982.
Alcantara, J.

Criminal Practice and Procedure - Right of Crown to have last word in criminal proceedings - Practice direction that Defence to have last word except where to do so would not be in the interest of justice.

J U D G M E N T

Under section 113 of the Indictable Procedure Ordinance, Crown Counsel has in cases the right of reply. This in effect means that the Crown has the right to the last word.

The fact that such right is vested on Crown Counsel does not mean that it should be always exercised.

The procedure which I would like to see followed in criminal cases is that contained in Archbold's 40th Edition paragraph 578 and paragraph 578a, where counsel for the Defence has always the last word. This could become a matter of practice without it in any way detracting from the right conferred by Section 113 of the Indictable Procedure Ordinance. Crown Counsel would always be at liberty in any particular case to exercise his right of reply, where to do so would be in the interest of justice. But in practice the Defence should always have the last word.

----------OO----------