response under clause 16(1)(a).
My next amendment relates to subclause (d), in the
unamended form the prosecutor has required to serve on
is
the defence and delivered to the court a statement of any
proposition
prosecution
of
law,
case in
-
applicable to the
specifically
relation to which a
anticipate that is likely to be
is likely to be a dispute.
prosecutor
cap
a / In
a dispute. this form, a
prosecutor would have to form a judgement
as to what
proposition of law would be disputed by the defence. This
unsatisfactory because no prosecutor can tell in
is
advance with any degree of accuracy What proposition of
law his opponent will or will not challenge, and if the
tis normally does, that all its points are unlikely
prosecutor believe as
of law are good and
that all
then be to be challenged, and ineed,
afto
not serve such a statement at all. With the amendment,
the prosecutor would have to deliver to the defence and
the court in advance, a statemet of all the propositions of
law which he proposes to rely on at the trial, so that the
accused may, in turn, serve on the prosecutor and deliver to
all
of what propositions of law
the court, a written statement of wh
that
will rely on in answer to the prosecutor's
le.
сар
propositions of law. I shall be seeking to make an
amendment to clause 16(1)(b) in due course.
My next amendment relates to subclause
to subclause (2) which
1
in its unamended form reads, the prosecutor may, without
the leave
belief of the court, amend the prosecution case statement
le.