Defence Disclosure

Question 1

What is a defence statement?

Answer 1

A written statement which sets out the nature of the accused’s defence.

Question 2

In the Crown Court, what are the defence required to do once completing a defence statements?

Answer 2

Must be served on Crown Court and P.

Question 3

How does D disclosure differ from P?

Answer 3

There is no duty to serve material which might help P.
Defence statement only sets out what the defence is.

Question 4

What must a defence statement contain? (4)

Answer 4

Written statement:
• nature of defence (any relied on)
• facts taken issue with P & why
• facts intended to rely on
• points of law taken (& authority)

Question 5

If a defence statement contains an alibi, what must it include?

Answer 5

Particulars of such:
• name, address, DOB of W supporting (to best of knowledge)
• material to identify/find W (if above not available)

Question 6

What are the time limits for defence statements?
a) Crown Court
b) Mags

Answer 6

a) 28 days after initial disclosure
b) 10 business days after initial disclosure

Question 7

In CC, under what conditions can the time limit for defence statements be extended?

Answer 7

App. made within time limit.
Court satisfied 28 days not reasonable.

Question 8

Though not compulsory, why serve a defence statement in a Mags?

Answer 8

Allows D to make app. for specific disclosure.

Question 9

Defence statement protocol…

Answer 9

Question 10

What must the defence disclose regarding witnesses?

Answer 10

Must disclose Notice of Intention to Call Defence Witnesses.
Outline:
• W name, address, DOB
• info to locate & identify
(Do not need to repeat if done for alibi already in statement)

Question 11

When is notice to call D witnesses served?
a) Crown Court
b) Mags

Answer 11

a) 28 days after P initial disclosure
b) 10 business days after initial P disclosure
Note: notice may be amended to +/- W

Question 12

Examples of disclosure failure by defence

Answer 12

Question 13

What consequences are there for failing to serve a proper defence statement?

Answer 13

• Jury may draw inferences
• P or Co-D may comment
- without leave of court
- on point of law: with leave

Question 14

Can an adverse inference be drawn in Mags for failure to serve defence statement?

Answer 14

No (no requirement).
But if D does serve one, adverse inference may be drawn.