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COMPLEX COMMERCIAL CRIMES BILL 1988
13. Clause 14 enables the prosecution case statement to be amended in the light of objections made by the accused and any notices of additional evidence given by the prosecutor.
14. Clause 15 enables the judge to determine questions raised by the accused regarding the admissibility of evidence contained in the documents supplied under clause 13 and any other evidence the prosecutor has served notice he will seek to have introduced at the trial before the jury. If the accused does not raise objection to such evidence at the preparatory hearing he may not do so at the trial before the jury, unless the judge is satisfied he could not reasonably have made the objection at the preparatory hearing.
15. Clause 16 empowers the judge to order the accused at the preparatory hearing to provide a statement indicating the facts on which he takes issue with the prosecution (a defence response), to raise all foreseeable points of law and to supply copies of the statements of expert witnesses whom he intends to call at the trial before the jury. The accused may not introduce evidence at the trial before the jury which is inconsistent with the defence response without the leave of the judge.
16. Clause 17 provides a procedure for the formal admission of facts and documents at the preparatory hearing.
17. Clause 18 allows the evidence of a witness to be taken at the preparatory hearing instead of at the trial before the jury, in circumstances where it would be unreasonable to require the witness to attend the trial after the jury is empanelled.
18. Clause 19 imposes restrictions on the reporting of preparatory hearings.
19. Clause 20 provides for the empanelling of a jury at the conclusion of the preparatory hearing.
20. Clause 21 requires the service of certain documents by the prosecu- tor where a preparatory hearing is not held.
21. Clause 22 enables the accused whether or not there is a prepara- tory hearing to apply to be discharged on the ground that he has no case to answer, at any time before the jury is empanelled.
22. Clause 23 enables the accused to supply the prosecutor and the court with a defence case statement in answer to the prosecution case statement.
23. Clause 24 enables a judge to extend time limits imposed by the Bill or pursuant to powers conferred by the Bill.
24. Clause 25 gives the judge a discretion to order documents to be furnished to the jury.
25. Clause 26 provides that the court may, with respect to proceedings transferred to the High Court under the Bill, award costs against a party who has caused another party to incur unnecessary costs and may order that such costs must be paid before further steps are taken in the proceedings.
26. Clause 27 provides for the application of the Criminal Procedure Ordinance (Chapter 221) to proceedings under the Bill.
27. Clause 28 authorizes the Chief Justice to make rules and orders regulating practice and procedure.
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