Criminal Justice
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(4) Where--
(a) a judge has ordered the prosecution to supply a case statement;
and
(b) the prosecution have complied with the order,
he may order the defence-
(i) to give the court and the prosecution a written summary of the defence case in response to each of the principal allegations in the case statement, specifying the principal facts upon which the defence propose to rely;
(ii) to give the court and the prosecution notice of any objections that they have to the case statement;
(iii) to inform the court and the prosecution of any point of law (including a point as to the admissibility of evidence) which the defence may wish to take, and any authority on which they intend to rely for that purpose;
(iv) to give the court and the prosecution a notice stating the extent to which they agree with the prosecution as to documents and other matters to which a notice under section (3)(c) above relate and the reason for any disagreement.
(5) Crown Court Rules may provide that except to the extent that disclosure is required—
(a) by section 11 of the Criminal Justice Act 1967 (alibi); or
(b) by rules under section 81 of the Police and Criminal Evidence
Act 1984 (expert evidence),
25 a statement required by virtue of subsection (4)(b) above need not dis-
close-
(i) the identity of defence witnesses; or
(ii) whether the person charged will give evidence.
(6) A judge making an order under subsection (4)(a) above shall warn 30 the defence of the possible consequence under section 10(1) below of not
complying with it.
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(7) If it appears to a judge that reasons given in pursuance of subsection (4)(b) (iv) above are inadequate, he shall so inform the defence, and may require further or better reasons.
(8) An order under this section may specify the time within which it is to be complied with, but Crown Court Rules may make provision limiting the time for compliance that may be specified.
(9) An order or ruling made at or for the purposes of a preparatory hearing shall have effect during the trial, unless it appears to the judge, on application made to him during the trial, that the interests of justice require him to vary or discharge it.
(10) An appeal shall lie to the Court of Appeal from any order of ruling of a judge at a preparatory hearing, but only with the leave of the judge or of the Court of Appeal.
10.-(1) The prosecution and the defence shall have a right, subject to subsections (2) and (3) below, to depart from the case disclosed by them at the preparatory hearing, but if they do so or fail to comply with any requirement imposed on them at that hearing, but if they do so, the judge or the other party may make such comment as appears to him to be 50 appropriate and the jury may draw such inference as they think fit.
(2) No part-
(a) of a summary supplied by the defence under section 9(4) above;
PART I
1967 c. 80.
1984 c. 60.
Provisions relating to later stages of
trial.