5. Course of Evidence - Evidence in rebuttal and recalling witnesses

Question 1

When can leave be given to the prosecution to recall a witness for the purposes of rebuttal?

Answer 1

1. relates to a purely formal matter
2. relates to a matter arising out of the conduct of the defence, the relevance of which could not reasonably have been foreseen
3. was not available or admissible before the prosecution’s case was closed,
   or
4. is required to be admitted in the interests of justice for any other reason.