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The Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2008

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Faults in disclosure by accused

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15.—(1) This article applies where article 6 applies and the accused—

(a)fails to give a defence statement,

(b)gives a defence statement but does so after the relevant period extended (if at all) in accordance with articles 8 to 10,

(c)sets out inconsistent defences in his defence statement, or

(d)at his trial—

(i)puts forward a defence which was not mentioned in his defence statement or is different from any defence set out in that statement,

(ii)relies on a matter which, in breach of the requirements imposed by article 6, was not mentioned in his defence statement,

(iii)adduces evidence in support of an alibi without having given particulars of the alibi in his defence statement, or

(iv)calls a witness to give evidence in support of an alibi without having complied with article 6(4)(a) or (b) as regards the witness in his defence statement.

(2) Where this article applies—

(a)the judicial officer or any party other than the accused may make such comment as appears appropriate;

(b)the court-martial or the Standing Civilian Court (as the case may be) may draw such inferences as appear proper in deciding whether the accused is guilty of the offence concerned.

(3) Where—

(a)this article applies by virtue of paragraph (1)(d)(ii) and

(b)the matter which was not mentioned is a point of law (including any point as to the admissibility of evidence or an abuse of process) or an authority,

comment by another party under paragraph (2)(a) may be made only with the leave of the judicial officer.

(4) Where the accused puts forward a defence which is different from any defence set out in his defence statement, in doing anything under paragraph (2) or in deciding whether to do anything under it the judicial officer shall have regard—

(a)to the extent of the differences in the defences, and

(b)to whether there is any justification for it.

(5) A person shall not be convicted of an offence solely on an inference drawn under paragraph (2).

(6) In this article, a reference to evidence in support of an alibi shall be construed in accordance with article 6(5).

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