Criminal Procedure and Investigations Act 1996

11 Faults in disclosure by accused. E+W+N.I.

(1) This section applies where section 5 applies and the accused—

(a) fails to give a defence statement under that section,

(b) gives a defence statement under that section but does so after the end of the period which, by virtue of section 12, is the relevant period for section 5,

(c) sets out inconsistent defences in a defence statement given under section 5,

(d) at his trial puts forward a defence which is different from any defence set out in a defence statement given under section 5,

(e) at his trial adduces evidence in support of an alibi without having given particulars of the alibi in a defence statement given under section 5, or

(f) at his trial calls a witness to give evidence in support of an alibi without having complied with subsection (7)(a) or (b) of section 5 as regards the witness in giving a defence statement under that section.

(2) This section also applies where section 6 applies, the accused gives a defence statement under that section, and the accused—

(a) gives the statement after the end of the period which, by virtue of section 12, is the relevant period for section 6,

(b) sets out inconsistent defences in the statement,

(c) at his trial puts forward a defence which is different from any defence set out in the statement,

(d) at his trial adduces evidence in support of an alibi without having given particulars of the alibi in the statement, or

(e) at his trial calls a witness to give evidence in support of an alibi without having complied with subsection (7)(a) or (b) of section 5 (as applied by section 6) as regards the witness in giving the statement.

(3) Where this section applies—

(a) the court or, with the leave of the court, any other party may make such comment as appears appropriate;

(b) the court or jury may draw such inferences as appear proper in deciding whether the accused is guilty of the offence concerned.

(4) Where the accused puts forward a defence which is different from any defence set out in a defence statement given under section 5 or 6, in doing anything under subsection (3) or in deciding whether to do anything under it the court shall have regard—

(a) to the extent of the difference 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 subsection (3).

(6) Any reference in this section to evidence in support of an alibi shall be construed in accordance with section 5.