Defendants will get the right to always speak last before a jury under new legislation passed through the House of Assembly last night.

Unlike most countries, a hundred-year-old law in Bermuda means the prosecutor sometimes gets to have the final say before the jury retires to consider its verdict, a rule defence lawyers say is unfair.

The Criminal Procedure (Order of Speeches) Act 2009 — given its second reading by Junior Justice Minister Michael Scott last night — will mean the defence can always speak last.

Mr. Scott told the House that currently, at the judge's discretion under the Criminal Code Act 1907 and Evidence Act 1905, the accused can lose his right to speak last if he introduces evidence.

He said: "The case law on the subject demonstrates that the rule is not a hard and fast one. However, what cannot be gleaned from the case law is any justification for the rule. Why should the accused lose the right to speak last?

"Should not the prosecution who bear the burden of proving the defendant's guilt always speak first?

"It is important to note that in most other common law jurisdictions the position is as it is in England, in that the defence always addresses the jury last.

"This practice is consistent with the burden of proof in a criminal trial which is itself a procedural rule designed to ensure fairness.

"There is no justifiable reason for depriving an accused person of the right of last reply in a criminal trial.

"This simple amendment to our legislation will effectively bring our law on this subject into conformity with that in other jurisdictions."

Shadow Justice Minister Mark Pettingill, a defence lawyer, gave full support to the bill. He said that although many would think the new law is an extra advantage for the defence in the battle against crime, it would in fact ensure a fairer balance as defendants would have the chance to respond to accusations by the prosecution.

"It's not just that justice must be done, but it's the appearance of justice," Mr. Pettingill told the House.