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

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Compulsory disclosure by accused

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6.—(1) This article applies where the prosecutor complies with article 3 or purports to comply with it.

(2) Where this article applies, the accused must give a defence statement to—

(a)the court administration officer; and

(b)the prosecutor.

(3) A defence statement is a written statement—

(a)setting out the nature of the accused’s defence, including any particular defences on which he intends to rely,

(b)indicating the matters of fact on which he takes issue with the prosecution,

(c)setting out, in the case of each such matter, why he takes issue with the prosecution, and

(d)indicating any point of law (including any point as to the admissibility of evidence or an abuse of process) which he wishes to take, and any authority on which he intends to rely for that purpose.

(4) A defence statement that discloses an alibi must give particulars of it, including—

(a)the name, address and date of birth of any witness the accused believes is able to give evidence in support of the alibi, or as many of those details as are known to the accused when the statement is given; and

(b)any information in the accused’s possession which might be of material assistance in identifying or finding any such witness in whose case any of the details mentioned in paragraph (a) above are not known to the accused when the statement is given.

(5) For the purposes of this article, evidence in support of an alibi is evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.

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