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(c) is required by section 6B to give an updated defence statement | |
but fails to do so, | |
(d) gives an updated defence statement but does so after the end of | |
the period which, by virtue of section 12, is the relevant period | |
for section 6B, | 5 |
(e) sets out inconsistent defences in his defence statement, or | |
(f) at his trial— | |
(i) puts forward a defence which was not mentioned in his | |
defence statement or is different from any defence set | |
out in that statement, | 10 |
(ii) relies on a matter which, in breach of the requirements | |
imposed by or under section 6A, was not mentioned in | |
his defence statement, | |
(iii) adduces evidence in support of an alibi without having | |
given particulars of the alibi in his defence statement, or | 15 |
(iv) calls a witness to give evidence in support of an alibi | |
without having complied with section 6A(2)(a) or (b) as | |
regards the witness in giving his defence statement. | |
(3) The second case is where section 6 applies, the accused gives an initial | |
defence statement, and the accused— | 20 |
(a) gives the initial defence statement after the end of the period | |
which, by virtue of section 12, is the relevant period for section | |
6, or | |
(b) does any of the things mentioned in paragraphs (c) to (f) of | |
subsection (2). | 25 |
(4) The third case is where the accused— | |
(a) gives a witness notice but does so after the end of the period | |
which, by virtue of section 12, is the relevant period for section | |
6C, or | |
(b) at his trial calls a witness not included, or not adequately | 30 |
identified, in a witness notice. | |
(5) Where this section applies— | |
(a) the court or any other party may make such comment as | |
appears appropriate; | |
(b) the court or jury may draw such inferences as appear proper in | 35 |
deciding whether the accused is guilty of the offence concerned. | |
(6) Where this section applies by virtue of subsection (4), comment by | |
another party under subsection (5)(a) may be made only with the leave | |
of the court. | |
(7) Where the accused puts forward a defence which is different from any | 40 |
defence set out in his defence statement, in doing anything under | |
subsection (5) or in deciding whether to do anything under it the court | |
shall have regard— | |
(a) to the extent of the differences in the defences, and | |
(b) to whether there is any justification for it. | 45 |
(8) Where the accused calls a witness whom he has failed to include, or to | |
identify adequately, in a witness notice, in doing anything under | |
subsection (5) or in deciding whether to do anything under it the court | |
shall have regard to whether there is any justification for the failure. | |
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(9) A person shall not be convicted of an offence solely on an inference | |
drawn under subsection (5). | |
(10) In this section— | |
(a) “initial defence statement” means a defence statement given | |
under section 5 or 6; | 5 |
(b) “updated defence statement” means a defence statement given | |
under section 6B; | |
(c) a reference simply to an accused’s “defence statement” is a | |
reference— | |
(i) where he has given only an initial defence statement, to | 10 |
that statement; | |
(ii) where he has given both an initial and an updated | |
defence statement, to the updated defence statement; | |
(d) a reference to evidence in support of an alibi shall be construed | |
in accordance with section 5; | 15 |
(e) “witness notice” means a notice given under section 6C.” | |
Part 6 | |
Allocation and transfer of offences | |
35 Allocation of offences triable either way, and sending cases to Crown Court | |
Schedule 3 (which makes provision in relation to the allocation and other | 20 |
treatment of offences triable either way, and the sending of cases to the Crown | |
Court) shall have effect. | |
Part 7 | |
Trials on indictment without a jury | |
36 Application by defendant for trial to be conducted without jury | 25 |
(1) This section applies where one or more defendants are to be tried on | |
indictment for one or more offences. | |
(2) The defendant, or any of the defendants, may apply to a judge of the Crown | |
Court for the trial to be conducted without a jury. | |
(3) Subject to subsection (4), if an application under subsection (2) is made the | 30 |
judge must make an order that the trial is to be conducted without a jury. | |
(4) The judge must refuse an application under subsection (2) if subsection (5), (6), | |
(7) or (8) applies. | |
(5) This subsection applies if two or more defendants are to be tried and any of | |
them opposes the application. | 35 |
(6) This subsection applies if— | |
(a) the defendant, or any of the defendants, holds, or has held, an office or | |
employment concerned with the administration of civil or criminal | |
justice, | |
(b) the judge is satisfied that, if that defendant were convicted of the | 40 |
offence or any of the offences concerned, questions would arise as to | |
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(b) whether he had properly discharged the functions of that office or | |
employment or was a fit person to hold or to have held that office or | |
employment, and | |
(c) the judge is satisfied that the matters mentioned in paragraphs (a) and | |
(b) give rise to exceptional circumstances which make it desirable in the | 5 |
interests of justice for the trial to be conducted with a jury. | |
(7) This subsection applies if the judge is satisfied— | |
(a) that, because of the conduct which is alleged to constitute the offence or | |
any of the offences concerned, the issues which will arise at the trial for | |
determination include issues relating to whether the administration of | 10 |
civil or criminal justice has been prejudiced or brought into disrepute, | |
and | |
(b) that the matters mentioned in paragraph (a) give rise to exceptional | |
circumstances which make it desirable in the interests of justice for the | |
trial to be conducted with a jury. | 15 |
(8) This subsection applies if none of subsections (5) to (7) applies but the judge is | |
satisfied that exceptional circumstances exist which make it necessary in the | |
public interest for the trial to be conducted with a jury. | |
(9) In this section “the administration of civil or criminal justice” includes the | |
investigation and prosecution of offences and the carrying out or enforcement | 20 |
of an order or sentence of a court. | |
37 Application by prosecution for complex or lengthy trial to be conducted | |
without jury | |
(1) This section applies where one or more defendants are to be tried on | |
indictment for one or more offences. | 25 |
(2) The prosecution may apply to a judge of the Crown Court for the trial to be | |
conducted without a jury. | |
(3) If an application under subsection (2) is made and the judge is satisfied that | |
both of the following two conditions are fulfilled, he must make an order that | |
the trial is to be conducted without a jury; but if he is not so satisfied he must | 30 |
refuse the application. | |
(4) The first condition is that the complexity of the trial or the length of the trial (or | |
both)— | |
(a) is likely to make the trial so burdensome to the members of a jury | |
hearing the trial that it is necessary in the interests of justice for the trial | 35 |
to be conducted without a jury, or | |
(b) would be likely to place an excessive burden upon the life of a typical | |
juror. | |
(5) The second condition is that that complexity or length (or both) will be | |
attributable— | 40 |
(a) to the fact that the issues likely to be material to the verdict of a jury | |
hearing the trial relate to arrangements, transactions or records of a | |
financial or commercial nature or which relate to property, and | |
(b) to the likely nature or volume of the evidence relating to those issues. | |
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(6) In deciding whether or not he is satisfied that both of those two conditions are | |
fulfilled, the judge must have regard to any steps which might reasonably be | |
taken to reduce the complexity or length of the trial. | |
(7) But a step is not to be regarded as reasonable if it would significantly | |
disadvantage the prosecution. | 5 |
38 Application by prosecution for trial to be conducted without jury where | |
danger of jury tampering | |
(1) This section applies where one or more defendants are to be tried on | |
indictment for one or more offences. | |
(2) The prosecution may apply to a judge of the Crown Court for the trial to be | 10 |
conducted without a jury. | |
(3) If an application under subsection (2) is made and the judge is satisfied that— | |
(a) the first condition set out below is fulfilled, and | |
(b) either or both of the second and third conditions set out below are | |
fulfilled, | 15 |
he must make an order that the trial is to be conducted without a jury; but if he | |
is not so satisfied he must refuse the application. | |
(4) The first condition is that there is real and present danger that jury tampering | |
would take place. | |
(5) The second condition is that— | 20 |
(a) the danger is such that it would be necessary to provide police | |
protection for the members of a jury hearing the trial, and | |
(b) the level and duration of that protection would be likely to place an | |
excessive burden upon the life of a typical juror. | |
(6) The third condition is that, notwithstanding any steps (including the provision | 25 |
of police protection) which might reasonably be taken to prevent jury | |
tampering, the likelihood that it would take place would be sufficiently high to | |
make it necessary in the interests of justice for the trial to be conducted without | |
a jury. | |
39 Procedure for applications under sections 36 to 38 | 30 |
(1) This section applies— | |
(a) to an application under section 36 which appears to the judge to raise | |
questions as to whether subsection (6), (7) or (8) of that section applies, | |
(b) to an application under section 37, and | |
(c) to an application under section 38. | 35 |
(2) An application to which this section applies must be determined at a | |
preparatory hearing (within the meaning of the 1987 Act or Part 3 of the 1996 | |
Act). | |
(3) The parties to a preparatory hearing at which an application to which this | |
section applies is to be determined must be given an opportunity to make | 40 |
representations with respect to the application. | |
(4) In section 7(1) of the 1987 Act (which sets out the purposes of preparatory | |
hearings) for paragraphs (a) to (c) there is substituted— | |
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