Section 356: Manner of hearing

(1) At the commencement of the hearing, the court shall state, or cause to be stated to the defendant, the substance of the complaint, and shall ask him whether he is guilty or not guilty.
(2) Where the defendant pleads guilty and the court is satisfied that he intends to admit the offence and shows no cause or no sufficient cause why sentence should not be passed, the court shall proceed to sentence.
(3) Where the defendant pleads not guilty, the court shall direct all witnesses to leave the court and upon the direction, the provisions of section 212 of the Evidence Act, 2011 shall apply, but failure to comply with the provisions of this subsection shall not invalidate the proceedings but would affect the weight of evidence given by that witness who fails to leave the court on the direction being given.
(4) Notwithstanding the provision of subsections (1), (2) and (3) in capital offences the court shall proceed with the trial irrespective of the plea by the defendant.
(5) The court shall then proceed:
(a) to hear the prosecutor and such witnesses as he may call and such other evidence as he may adduce in support of the charge; and
(b) also to hear the defendant and such witnesses as he may call and such other evidence as he may adduce in his defence; and
(c) also, where the court thinks fit, to hear such witnesses as the prosecutor may call in reply if the defendant has called any witness or given any evidence.
(6) The prosecutor and the defendant may put questions to each witness called by the other side and where the defendant gives evidence he may be cross-examined.
(7) Where the defendant is not represented by a legal practitioner, the court shall at the close of the examination of each witness for the prosecution ask the defendant whether he wishes to put any questions to that witness, and shall record the defendant's answer.
(8) The defendant shall take his plea in the dock, except the Judge directs otherwise.