Evidence in Rebuttal and recalling a witness

Question 1

What is evidence in rebuttal?

Answer 1

Evidence called by either party after the completion of their own case, in order to rebut something arising during the trial, can only be admitted with the leave of the court. Such leave may be given to the prosecution if the further evidence:
* relates to a purely formal matter
* relates to a matter arising out of the conduct of the defence, the relevance of which could not reasonably have been foreseen (the most common ground for leave to be granted)
* was not available or admissible before the prosecution’s case was closed, or
* is required to be admitted in the interests of justice for any other reason.
Permission may be granted to the defendant if the interests of justice require the further evidence to be admitted

Question 2

How long can the evidence in rebuttal be permissible?

Answer 2

Evidence in rebuttal may be permissible up to the time when the jury retires (or in judge alone trials, at any time until judgment is delivered).

Question 3

Discuss recalling the witness

Answer 3

In addition to evidence in rebuttal, a judge may recall a witness who has given evidence, where he or she considers that it is in the interests of justice to do so (s99).