The meaning of a defence as included in a defence statement refers to a defence in its general sense. Where the facts supporting a defence statement differed when the matter came to trial it was correct for the defendant to be cross-examined about the differences, even though the defence, in its more narrow legal definition, remained unchanged. One of the chief purposes of the defence statement is to provide the basis for further disclosure. The court emphasised the need to comply with all three subsection 5(6) to 5(8). The requirement to provide a defence statement interferes with an accused person’s right to silence and his privilege against self incrimination, and to order disclosure between defendants would inflate the interest of one defendant above that of another or others.
Citations:
Times 28-Feb-2000, [2000] 2 Cr App R 309
Statutes:
Criminal Procedure and Investigations Act 1996 11 5(6) 5(7) 5(8)
Cited by:
Cited – Regina v Webber HL 22-Jan-2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution.
Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a . .
Cited – Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy Admn 19-Jan-2006
Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the . .
Cited – Regina v Cairns; Regina v Zaldi, Regina v Chaudary CACD 22-Nov-2002
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable.
Held: The 1996 Act created a duty of secondary . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 09 April 2022; Ref: scu.85589
