PART 6DISCLOSURE
Defence statements
124Defence statements: solemn proceedings
1
This section applies where the accused lodges a defence statement under section 70A of the 1995 Act.
2
As soon as practicable after the prosecutor receives a copy of the defence statement, the prosecutor must—
a
review all the information that may be relevant to the case for or against the accused of which the prosecutor is aware, and
b
disclose to the accused any information to which section 121(3) applies.
3
After section 70 of the 1995 Act insert—
70ADefence 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.
4
In section 78 of the 1995 Act (special defences, incrimination, notice of witnesses etc.), after subsection (1) insert—
1A
Subsection (1) does not apply where—
a
the accused lodges a defence statement under section 70A, and
b
the accused’s defence consists of or includes a special defence.
125Defence statements: summary proceedings
1
This section applies where—
a
a plea of not guilty is recorded against an accused charged on summary complaint, and
b
during the relevant period the accused lodges a defence statement.
2
A defence statement must set 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 wishes the prosecutor to disclose, and
f
the reasons why the accused considers that disclosure by the prosecutor of any such information is necessary.
3
As soon as practicable after lodging a defence statement, the accused must send a copy of the statement to the prosecutor and any co-accused.
4
As soon as practicable after receiving a copy of the defence statement the prosecutor must—
a
review all the information that may be relevant to the case for or against the accused of which the prosecutor is aware, and
b
disclose to the accused any information to which section 121(3) applies.
5
In this section, “relevant period”, in relation to the accused, is the period—
a
beginning with the recording of the accused’s plea of not guilty, and
b
ending with the conclusion of the proceedings to which the plea relates.
6
For the purposes of subsection (5), proceedings are to be taken to be concluded if—
a
a plea of guilty is recorded against the accused,
b
the accused is acquitted,
c
the proceedings against the accused are deserted simpliciter,
d
the accused is convicted and does not appeal against the conviction before the expiry of the time allowed for such an appeal,
e
the accused is convicted and appeals against the conviction before the expiry of the time allowed for such an appeal,
f
the proceedings are deserted pro loco et tempore for any reason and no further trial diet is appointed, or
g
the complaint falls or is for any other reason not brought to trial, the diet is not continued, adjourned or postponed and no further proceedings are in contemplation.
7
In section 149B of the 1995 Act (notice of defences), after subsection (2) insert—
2A
Subsection (1) does not apply where—
a
the accused lodges a defence statement under section 125 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13),
b
the statement is lodged—
i
where an intermediate diet is to be held, at or before the diet, or
ii
where such a diet is not to be held, no later than 10 clear days before the trial diet, and
c
the accused’s defence consists of or includes a defence to which that subsection applies.
126Change in circumstances following lodging of defence statement: summary proceedings
1
This section applies where the accused lodges a defence statement under section 125 at least 14 days before the trial diet.
2
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 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 defence statement was lodged, lodge a defence statement.
3
If after lodging a statement under subsection (2) there is a material change in circumstances in relation to the accused’s defence, the accused must lodge a defence statement.
4
Where subsection (3) 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.
5
As soon as practicable after lodging a statement under subsection (2)(a) or a defence statement under subsection (2)(b) or (3), the accused must send a copy of the statement concerned to the prosecutor and any co-accused.
6
As soon as practicable after receiving a copy of a defence statement lodged under subsection (2)(b) or (3) the prosecutor must—
a
review all the information that may be relevant to the case for or against the accused of which the prosecutor is aware, and
b
disclose to the accused any information to which section 121(3) applies.
7
In this section, “defence statement” is to be construed in accordance with section 125(2).