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Amendment of the prosecution case statement, with leave of court, at any time before the jury is empanelled
(Clause 13(2))
The group considers that the prosecution
After
should be able to amend its case statement at any time before the jury is empanelled provided the amendment is relevant. But it also considers that there should be sufficient safeguards to prevent possible abuse by the prosecution. lengthy discussion, it has now been agreed that the clause should be amended to the effect that no change to the prosecution case statement should be allowed except where the judge is satisfied that the change has been brought about by unforeseen circumstances beyond the control of the prosecution, and that the amendment is made in the interests of justice. As a further safeguard, the order may be made subject to such consequential conditions as the court may impose, including any amendment to the defence response and withdrawal of admissions.
Limitations on objections to admissibility of evidence after the jury has been empanelled
lause 15(5) and (67)
Concern was expressed by the Bar Association and the Law Society that the clause could be interpreted to mean that even normally inadmissible evidence could not be objected to if the points have not been taken before the jury is empanelled. In their view, the admissibility of evidence has always been determined upon the