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33 Notification of intention to call defence witnesses | |
After section 6B of the 1996 Act (inserted by section 32 above) there is | |
inserted— | |
“6C Notification of intention to call defence witnesses | |
(1) The accused must give to the court and the prosecutor a notice | 5 |
indicating whether he intends to call any persons (other than himself) | |
as witnesses at his trial and, if so— | |
(a) giving the name, address and date of birth of each such | |
proposed witness, or as many of those details as are known to | |
the accused when the notice is given; | 10 |
(b) providing any information in the accused’s possession which | |
might be of material assistance in identifying or finding any | |
such proposed witness in whose case any of the details | |
mentioned in paragraph (a) are not known to the accused when | |
the notice is given. | 15 |
(2) Details do not have to be given under this section to the extent that they | |
have already been given under section 6A(2). | |
(3) The accused must give a notice under this section during the period | |
which, by virtue of section 12, is the relevant period for this section. | |
(4) If, following the giving of a notice under this section, the accused— | 20 |
(a) decides to call a person (other than himself) who is not included | |
in the notice as a proposed witness, or decides not to call a | |
person who is so included, or | |
(b) discovers any information which, under subsection (1), he | |
would have had to include in the notice if he had been aware of | 25 |
it when giving the notice, | |
he must give an appropriately amended notice to the court and the | |
prosecutor.” | |
34 Notification of names of experts instructed by defendant | |
After section 6C of the 1996 Act (inserted by section 33 above) there is | 30 |
inserted— | |
“6D Notification of names of experts instructed by accused | |
(1) If the accused instructs a person with a view to his providing any expert | |
opinion for possible use as evidence at the trial of the accused, he must | |
give to the court and the prosecutor a notice specifying the person’s | 35 |
name and address. | |
(2) A notice does not have to be given under this section specifying the | |
name and address of a person whose name and address have already | |
been given under section 6C. | |
(3) A notice under this section must be given during the period which, by | 40 |
virtue of section 12, is the relevant period for this section.” | |
35 Further provisions about defence disclosure | |
After section 6D of the 1996 Act (inserted by section 34 above) there is | |
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inserted— | |
“6E Disclosure by accused: further provisions | |
(1) Where an accused’s solicitor purports to give on behalf of the | |
accused— | |
(a) a defence statement under section 5, 6 or 6B, or | 5 |
(b) a statement of the kind mentioned in section 6B(4), | |
the statement shall, unless the contrary is proved, be deemed to be | |
given with the authority of the accused. | |
(2) If it appears to the judge at a pre-trial hearing that an accused has failed | |
to comply fully with section 5, 6B or 6C, so that there is a possibility of | 10 |
comment being made or inferences drawn under section 11(5), he shall | |
warn the accused accordingly. | |
(3) In subsection (2) “pre-trial hearing” has the same meaning as in Part 4 | |
(see section 39). | |
(4) The judge in a trial before a judge and jury— | 15 |
(a) may direct that the jury be given a copy of any defence | |
statement, and | |
(b) if he does so, may direct that it be edited so as not to include | |
references to matters evidence of which would be inadmissible. | |
(5) A direction under subsection (4)— | 20 |
(a) may be made either of the judge’s own motion or on the | |
application of any party; | |
(b) may be made only if the judge is of the opinion that seeing a | |
copy of the defence statement would help the jury to | |
understand the case or to resolve any issue in the case. | 25 |
(6) The reference in subsection (4) to a defence statement is a reference— | |
(a) where the accused has given only an initial defence statement | |
(that is, a defence statement given under section 5 or 6), to that | |
statement; | |
(b) where he has given both an initial defence statement and an | 30 |
updated defence statement (that is, a defence statement given | |
under section 6B), to the updated defence statement; | |
(c) where he has given both an initial defence statement and a | |
statement of the kind mentioned in section 6B(4), to the initial | |
defence statement.” | 35 |
36 Continuing duty of disclosure by prosecutor | |
Before section 8 of the 1996 Act there is inserted— | |
“7A Continuing duty of prosecutor to disclose | |
(1) This section applies at all times— | |
(a) after the prosecutor has complied with section 3 or purported to | 40 |
comply with it, and | |
(b) before the accused is acquitted or convicted or the prosecutor | |
decides not to proceed with the case concerned. | |
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(2) The prosecutor must keep under review the question whether at any | |
given time (and, in particular, following the giving of a defence | |
statement) there is prosecution material which— | |
(a) might reasonably be considered capable of undermining the | |
case for the prosecution against the accused or of assisting the | 5 |
case for the accused, and | |
(b) has not been disclosed to the accused. | |
(3) If at any time there is any such material as is mentioned in subsection | |
(2) the prosecutor must disclose it to the accused as soon as is | |
reasonably practicable (or within the period mentioned in subsection | 10 |
(5)(a), where that applies). | |
(4) In applying subsection (2) by reference to any given time the state of | |
affairs at that time (including the case for the prosecution as it stands at | |
that time) must be taken into account. | |
(5) Where the accused gives a defence statement under section 5, 6 or 6B— | 15 |
(a) if as a result of that statement the prosecutor is required by this | |
section to make any disclosure, or further disclosure, he must | |
do so during the period which, by virtue of section 12, is the | |
relevant period for this section; | |
(b) if the prosecutor considers that he is not so required, he must | 20 |
during that period give to the accused a written statement to | |
that effect. | |
(6) For the purposes of this section prosecution material is material— | |
(a) which is in the prosecutor’s possession and came into his | |
possession in connection with the case for the prosecution | 25 |
against the accused, or | |
(b) which, in pursuance of a code operative under Part 2, he has | |
inspected in connection with the case for the prosecution | |
against the accused. | |
(7) Subsections (3) to (5) of section 3 (method by which prosecutor | 30 |
discloses) apply for the purposes of this section as they apply for the | |
purposes of that. | |
(8) Material must not be disclosed under this section to the extent that the | |
court, on an application by the prosecutor, concludes it is not in the | |
public interest to disclose it and orders accordingly. | 35 |
(9) Material must not be disclosed under this section to the extent that it is | |
material the disclosure of which is prohibited by section 17 of the | |
Regulation of Investigatory Powers Act 2000 (c. 23).” | |
37 Application by defence for disclosure | |
In section 8 of the 1996 Act (application by accused for disclosure), for | 40 |
subsections (1) and (2) there is substituted— | |
“(1) This section applies where the accused has given a defence statement | |
under section 5, 6 or 6B and the prosecutor has complied with section | |
7A(5) or has purported to comply with it or has failed to comply with it. | |
(2) If the accused has at any time reasonable cause to believe that there is | 45 |
prosecution material which is required by section 7A to be disclosed to | |
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him and has not been, he may apply to the court for an order requiring | |
the prosecutor to disclose it to him.” | |
38 Faults in defence disclosure | |
For section 11 of the 1996 Act there is substituted— | |
“11 Faults in disclosure by accused | 5 |
(1) This section applies in the three cases set out in subsections (2), (3) and | |
(4). | |
(2) The first case is where section 5 applies and the accused— | |
(a) fails to give an initial defence statement, | |
(b) gives an initial defence statement but does so after the end of the | 10 |
period which, by virtue of section 12, is the relevant period for | |
section 5, | |
(c) is required by section 6B to give either an updated defence | |
statement or a statement of the kind mentioned in subsection (4) | |
of that section but fails to do so, | 15 |
(d) gives an updated defence statement or a statement of the kind | |
mentioned in section 6B(4) but does so after the end of the | |
period which, by virtue of section 12, is the relevant period for | |
section 6B, | |
(e) sets out inconsistent defences in his defence statement, or | 20 |
(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, | |
(ii) relies on a matter which, in breach of the requirements | 25 |
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 | |
(iv) calls a witness to give evidence in support of an alibi | 30 |
without having complied with section 6A(2)(a) or (b) as | |
regards the witness in his defence statement. | |
(3) The second case is where section 6 applies, the accused gives an initial | |
defence statement, and the accused— | |
(a) gives the initial defence statement after the end of the period | 35 |
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). | |
(4) The third case is where the accused— | 40 |
(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 (other than himself) not included, or | |
not adequately identified, in a witness notice. | 45 |
(5) Where this section applies— | |
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(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 | |
deciding whether the accused is guilty of the offence concerned. | |
(6) Where— | 5 |
(a) this section applies by virtue of subsection (2)(f)(ii) (including | |
that provision as it applies by virtue of subsection (3)(b)), and | |
(b) the matter which was not mentioned is a point of law (including | |
any point as to the admissibility of evidence or an abuse of | |
process) or an authority, | 10 |
comment by another party under subsection (5)(a) may be made only | |
with the leave of the court. | |
(7) 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. | 15 |
(8) Where the accused puts forward a defence which is different from any | |
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 | 20 |
(b) to whether there is any justification for it. | |
(9) 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. | 25 |
(10) A person shall not be convicted of an offence solely on an inference | |
drawn under subsection (5). | |
(11) Where the accused has given a statement of the kind mentioned in | |
section 6B(4), then, for the purposes of subsections (2)(f)(ii) and (iv), the | |
question as to whether there has been a breach of the requirements | 30 |
imposed by or under section 6A or a failure to comply with section | |
6A(2)(a) or (b) shall be determined— | |
(a) by reference to the state of affairs at the time when that | |
statement was given, and | |
(b) as if the defence statement was given at the same time as that | 35 |
statement. | |
(12) In this section— | |
(a) “initial defence statement” means a defence statement given | |
under section 5 or 6; | |
(b) “updated defence statement” means a defence statement given | 40 |
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 | |
that statement; | 45 |
(ii) where he has given both an initial and an updated | |
defence statement, to the updated defence statement; | |
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(iii) where he has given both an initial defence statement | |
and a statement of the kind mentioned in section 6B(4), | |
to the initial defence statement; | |
(d) a reference to evidence in support of an alibi shall be construed | |
in accordance with section 5; | 5 |
(e) “witness notice” means a notice given under section 6C.” | |
Part 6 | |
Allocation and sending of offences | |
39 Allocation of offences triable either way, and sending cases to Crown Court | |
Schedule 3 (which makes provision in relation to the allocation and other | 10 |
treatment of offences triable either way, and the sending of cases to the Crown | |
Court) shall have effect. | |
40 Mode of trial for certain firearms offences: transitory arrangements | |
(1) The Magistrates’ Courts Act 1980 is amended as follows. | |
(2) In section 24 (summary trial of information against child or young person for | 15 |
indictable offence)— | |
(a) in subsection (1), for “homicide” there is substituted “one falling within | |
subsection (1B) below”, | |
(b) in subsection (1A)(a), for “of homicide” there is substituted “falling | |
within subsection (1B) below”, | 20 |
(c) after subsection (1A), there is inserted— | |
“(1B) An offence falls within this subsection if— | |
(a) it is an offence of homicide; or | |
(b) each of the requirements of section 51A(1) of the | |
Firearms Act 1968 would be satisfied with respect to— | 25 |
(i) the offence; and | |
(ii) the person charged with it, | |
if he were convicted of the offence.” | |
(3) In section 25 (power to change from summary trial to committal proceedings | |
and vice versa), in subsection (5), for “homicide” there is substituted “one | 30 |
falling within section 24(1B) above”. | |
Part 7 | |
Trials on indictment without a jury | |
41 Application by defendant for trial to be conducted without jury | |
(1) This section applies where one or more defendants are to be tried on | 35 |
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 | |
judge must make an order that the trial is to be conducted without a jury. | 40 |
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(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. | |
(6) This subsection applies if— | 5 |
(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 | |
offence or any of the offences concerned, questions would arise as to | 10 |
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 | 15 |
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 | 20 |
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. | 25 |
(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 | 30 |
of an order or sentence of a court. | |
42 Applications by prosecution for certain complex or lengthy trials 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. | 35 |
(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 | 40 |
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 | 45 |
to be conducted without a jury, or | |
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