CRIMINAL PROCEDURE AND EVIDENCE ACT 188 Outline of State and defence cases In a trial before a magistrate, if the accused pleads not guilty or a plea of not guilty is entered in terms of section one hundred and eighty-two— (a) the prosecutor shall make a statement outlining the nature of his case and the material facts on which he relies; and (b) the accused shall be requested by the magistrate to make a statement, if he or she so wishes, outlining the nature of his defence and the material facts on which he relies and, if he is not represented by a legal practitioner, his or her right to remain silent, and the consequences of exercising that right, shall be explained to him. [Paragraph amended by s. 37 of Act No. 2 of 2016] 189 Statement made or withholding of relevant fact by accused may be used as evidence against him (1) Any statement referred to in paragraph (b) of section one hundred and eighty-eight may— (a) be taken into account in deciding whether the accused is guilty of the offence charged or any other offence of which he may be found guilty on that charge; and (b) except in so far as it amounts to an admission of any allegation made by the State, not be taken into account for the purpose of deciding whether the accused should be found not guilty in terms of subsection (3) of section one hundred and ninety-eight. (2) If an accused, when so requested in terms of paragraph (b) of section one hundred and eighty-eight, has failed to mention any fact relevant to his defence, being a fact which in the circumstances existing at the time, he could reasonably have been expected to have mentioned, the court, in determining whether there is any evidence that the accused committed or whether the accused is guilty of the offence charged or any other offence of which he may be convicted on that charge, may draw such inferences from the failure as appear proper and the failure may, on the basis of such inferences, be treated as evidence corroborating any other evidence given against the accused. PART XII PROCEDURE AFTER COMMENCEMENT OF TRIAL A. In all courts 190 Separate trials When two or more persons are charged in the same indictment, summons or charge, whether with the same offence or with different offences, the court may at any time during the trial on the application of the prosecutor or of any of the accused, direct that the trial of the accused or any of them shall be held separately from the trial of the other or others of them, and may abstain from giving a judgment as to any of such accused. 191 Legal representation Every person charged with an offence may make his defence at his trial and have the witnesses examined or cross-examined— (a) by a legal practitioner representing him; or (b) in the case of an accused person under the age of sixteen years who is being tried in a magistrates court, by his natural or legal guardian; or (c) where the court considers he requires the assistance of another person and has permitted him to be so assisted, by that other person. 192 Trial of mentally disordered or defective persons If at any time after the commencement of any criminal trial it is alleged or appears that the accused is not of sound mind, or if on such a trial the defence is set up that the accused was not criminally responsible on the ground of mental disorder or defect for the act or omission alleged 81