Part 5

Disclosure

Further provisions about defence disclosure
36
After section 6D of the 1996 Act (inserted by section 35 above) there is inserted—

Disclosure by accused: further provisions
6E
1
Where an accused’s solicitor purports to give on behalf of the accused—
a
a defence statement under section 5, 6 or 6B, or
b
a statement of the kind mentioned in section 6B(4),
the statement shall, unless the contrary is proved, be deemed to be given with the authority of the accused.
2
If it appears to the judge at a pre-trial hearing that an accused has failed to comply fully with section 5, 6B or 6C, so that there is a possibility of comment being made or inferences drawn under section 11(5), he shall warn the accused accordingly.
3
In subsection (2) “pre-trial hearing” has the same meaning as in Part 4 (see section 39).
4
The judge in a trial before a judge and jury—
a
may direct that the jury be given a copy of any defence statement, and
b
if he does so, may direct that it be edited so as not to include references to matters evidence of which would be inadmissible.
5
A direction under subsection (4)—
a
may be made either of the judge’s own motion or on the application of any party;
b
may be made only if the judge is of the opinion that seeing a copy of the defence statement would help the jury to understand the case or to resolve any issue in the case.
6
The reference in subsection (4) to a defence statement is a reference—
a
where the accused has given only an initial defence statement (that is, a defence statement given under section 5 or 6), to that statement;
b
where he has given both an initial defence statement and an updated defence statement (that is, a defence statement given under section 6B), to the updated defence statement;
c
where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(4), to the initial defence statement.