Defence disclosure in criminal proceedings—defence case statements and defence witness notices
Produced in partnership with David McNeill of 5 St Andrew's Hill
Defence disclosure in criminal proceedings—defence case statements and defence witness notices

The following Corporate Crime practice note Produced in partnership with David McNeill of 5 St Andrew's Hill provides comprehensive and up to date legal information covering:

  • Defence disclosure in criminal proceedings—defence case statements and defence witness notices
  • Defence witness notice regulations
  • Defence case statements
  • Sanctions for non-compliance
  • Adverse inferences

STOP PRESS: The revised editions of the Attorney General's Guidelines on Disclosure and the Criminal Proceedings and Investigations Act 1996 (CPIA 1996) Code of Practice are now in force and this Practice Note is in the process of being updated to reflect this development. The Attorney General's Guidelines on Disclosure 2020 can be accessed here and the CPIA 1996 Code of Practice 2020 can be accessed here.

The Criminal Procedure and Investigations Act 1996 (CPIA 1996) sets out the disclosure duties of both the prosecution and the defendant in criminal proceedings. For information on prosecution disclosure obligations in the Crown Court, see Practice Note: The service of prosecution evidence.

Defence witness notice regulations

CPIA 1996, s 6C requires the accused in a criminal case to give the prosecutor and the court a notice indicating whether the accused intends to call any witnesses at trial and giving the name, address and date of birth of those witnesses. This obligation previously existed in relation to a witness giving evidence in support of an alibi pursuant to CPIA 1996, s 6A(2).

Regulation 2 of the CPIA 1996 (Defence Disclosure Time Limits) Regulations 2011 (DDTLR 2011), SI 2011/209 extended the time within which to serve a defence case statement and defence witness notice in Crown Court proceedings from 14 days to 28 days after the prosecution complies or purports to comply with CPIA 1996,

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