PART 6

DISCLOSURE

Defence statements

Defence statements: summary proceedings
125
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.
.