22.4.—(1) This rule applies where—
(a)under section 5 or 6 of the Criminal Procedure and Investigations Act 1996(1), the defendant gives a defence statement;
(b)under section 6C of the 1996 Act(2), the defendant gives a defence witness notice.
(2) The defendant must serve such a statement or notice on—
(a)the court officer; and
(b)the prosecutor.
[Note. The Practice Direction sets out forms of—
(a)defence statement; and
(b)defence witness notice.
Under section 5 of the 1996 Act, in the Crown Court the defendant must give a defence statement. Under section 6 of the Act, in a magistrates’ court the defendant may give such a statement but need not do so.
Under section 6C of the 1996 Act, in the Crown Court and in magistrates’ courts the defendant must give a defence witness notice indicating whether he or she intends to call any witnesses (other than him or herself) and, if so, identifying them.]
1996 c. 25; section 5 was amended by paragraphs 20 and 23 of Schedule 36 and Part 3 of Schedule 37 to the Criminal Justice Act 2003 (c. 44). It was further amended by section 119 of, and paragraph 126 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37) and section 33 of, and paragraph 66 of Schedule 3 and Part 3 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) in respect of certain proceedings only. It is further amended by section 33 of, and paragraph 66 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) in relation to certain local justice areas (see S.I. 2012/1320) and otherwise with effect from a date to be appointed. Section 6(3) was repealed by paragraphs 20 and 24 of Schedule 36 and Part 3 of Schedule 37 to the Criminal Justice Act 2003 (c. 44).) For transitional provisions and savings, see paragraph (2) of Schedule 2 to S.I. 2005/950.
1996 c. 25; section 6C was inserted by section 34 of the Criminal Justice Act 2003 (c. 44).