PART 6

DISCLOSURE

Defence statements

Change in circumstances following lodging of defence statement: summary proceedings
126
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).