PART VII Solemn Proceedings

The indictment

70AF1Defence statements

1

This section applies where an indictment is served on an accused.

2

The accused must lodge a defence statement at least 14 days before the first diet.

3

The accused must lodge a defence statement at least 14 days before the preliminary hearing.

4

At least 7 days before the trial diet the accused must—

a

where there has been no material change in circumstances in relation to the accused's defence since the last defence statement was lodged, lodge a statement stating that fact,

b

where there has been a material change in circumstances in relation to the accused's defence since the last defence statement was lodged, lodge a defence statement.

5

If after lodging a statement under subsection (2), (3) or (4) there is a material change in circumstances in relation to the accused's defence, the accused must lodge a defence statement.

6

Where subsection (5) requires a defence statement to be lodged, it must be lodged before the trial diet begins unless on cause shown the court allows it to be lodged during the trial diet.

7

The accused may lodge a defence statement—

a

at any time before the trial diet, or

b

during the trial diet if the court on cause shown allows it.

8

As soon as practicable after lodging a defence statement or a statement under subsection (4)(a), the accused must send a copy of the statement to the prosecutor and any co-accused.

9

In this section, “defence statement” means a statement setting out—

a

the nature of the accused's defence, including any particular defences on which the accused intends to rely,

b

any matters of fact on which the accused takes issue with the prosecution and the reason for doing so,

c

particulars of the matters of fact on which the accused intends to rely for the purposes of the accused's defence,

d

any point of law which the accused wishes to take and any authority on which the accused intends to rely for that purpose,

e

by reference to the accused's defence, the nature of any information that the accused requires the prosecutor to disclose, and

f

the reasons why the accused considers that disclosure by the prosecutor of any such information is necessary.