CRIMINAL PROCEDURE AND EVIDENCE ACT (3) If at the close of the case for the prosecution the court considers that there is no evidence that the accused committed the offence charged in the indictment, summons or charge, or any other offence of which he might be convicted thereon, it shall return a verdict of not guilty. (4) If the Prosecutor-General is dissatisfied with a decision⎯ (a) of a judge of the High Court in terms of subsection (3), he may with the leave of a judge of the Supreme Court appeal against the decision to the Supreme Court; or (b) of a magistrate in terms of subsection (3), he may with the leave of a judge of the High Court appeal against the decision to the High Court. [Subsection as substituted by s. 10 of Act 9 of 1997 and amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] (4a) In an appeal in terms of subsection (4)⎯ (a) the person who was the accused shall have the right at his own expense to appear in person or to be legally represented; or (b) a judge of the Supreme Court or the High Court, as the case may be, may order that the person who was the accused should be legally represented, in which event the expenses of his representation shall be defrayed out of moneys appropriated for the purpose by Act of Parliament. [Subsection as inserted by s. 10 of Act 9 of 1997.] (5) On an appeal by the Prosecutor-General in terms of subsection (4) the Supreme Court or the High Court, as the case may be, may— (a) confirm the decision made in terms of subsection (3); or (b) allow the appeal and— (i) remit the case to the court concerned for continuation of the trial; or (ii) remit the case to the court concerned for trial de novo before a different presiding officer; or (c) make such order or give such directions as it deems fit. [Subsection amended by s. 10 of Act No. 9 of 1997 and by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] (6) Subject to subsection (3), at the close of the case for the prosecution the court shall— (a) ask the accused or, if he is legally represented, his legal representative whether it is intended to adduce evidence for the defence and whether the accused intends himself to give evidence; and (b) if the accused is not legally represented, inform him of the provisions of the proviso to subsection (8) and of subsection (9) and of subsection (1) of section one hundred and ninety-nine. (7) If the accused or his legal representative states that it is intended to adduce evidence for the defence or that the accused intends himself to give evidence, he may, by himself or his legal representative, address the court for the purpose of opening the evidence intended to be adduced for the defence, but without comment thereon. (8) Subject to Part XIVA, any witnesses called for the defence shall be examined by the accused or his legal representative and the accused, if he gives evidence himself, shall be examined by his legal representative, if any, and the accused or his legal representative shall put in and read any documentary evidence which may be admissible: Provided that no evidence shall be adduced for the defence before the accused is called to give evidence or is, in terms of subsection (9), questioned by the prosecutor or the court, unless the court in its discretion otherwise allows. [Subsection amended by s. 7 of Act No. 8 of 1997.] (9) If the accused declines to give evidence, the prosecutor and the court may nevertheless question him and, if the accused is legally represented, his legal representative may thereafter question him subject to the rules applicable to a party re-examining his own witness. 84