Defence disclosure Flashcards
What is the purpose of a defence statement in the Crown Court?
To set out the nature of the accused’s defence
It is different from a defendant’s proof of evidence, which is a privileged document for the defendant’s legal advisers.
What is not required to be disclosed in a defence statement?
Material which might be helpful to the prosecution
The defence statement is focused on clarifying the defence case.
What should a defence statement include?
- The defence
- Indication of disputed facts
- Particulars of matters of fact relied on
- Points of law
- Authorities relied on
This includes details if disclosing an alibi.
What are the time limits for serving a defence statement in the Crown Court?
28 days from the prosecution’s initial disclosure
This applies only after the prosecution complies with its duty.
Is serving a defence statement compulsory in the magistrates’ court?
No, it is not compulsory
However, failure to serve one means the defence cannot apply for specific disclosure.
What must a defendant disclose regarding defence witnesses?
- Intention to call witnesses
- Identify each witness by name, address, and date of birth
This is done through a Notice of Intention to Call Defence Witnesses.
What is the deadline for giving Notice of Intention to Call Defence WItnesses in the Crown Court?
28 days after initial disclosure by prosecution
What is the deadline for giving Notice of Intention to Call Defence WItnesses in the Magistrates’ Court?
Within 10 business days of P complying with initial disclosure
How can a defendant lead to adverse consequences in the CC regarding the defence statement?
- Failing to serve a statement
- Failing to meet time limits
- Serving a deficient statement
- Relying on a different defence at trial
- Failing to give notice of witnesses
What are the consequences of failing to serve a defence statement in the Crown Court?
The jury may draw adverse inferences, but the defendant cannot be convicted solely on this basis.
Can adverse inferences be drawn in the magistrates’ court for failing to serve a defence statement?
No
There is no duty to serve a defence statement under the CPIA.
Fill in the blank: The Notice of Intention to Call Defence Witnesses must be given within _______ in the magistrates’ court.
10 business days
True or False: The defence statement is a privileged document.
False
A defendant’s proof of evidence is the privileged document.
