The following Corporate Crime practice note produced in partnership with Hannah Thomas of 2 Hare Court and David McNeill of 5 St Andrew's Hill provides comprehensive and up to date legal information covering:
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 Notes: The service of prosecution evidence and Obtaining disclosure of unused evidence.
Although deemed the ‘defence duty of disclosure’, this does not hold the same meaning as the prosecution duty of disclosure under CPIA 1996. It refers to the revelation of the defence case that will be presented at trial and does not apply to material gathered by the defence that will not be utilised during the trial.
The term ‘defence case statement’ is often, but erroneously, used interchangeably with the term ‘defence statement’. Provisions for the ‘defence statement’ of the accused are contained in CPIA 1996.
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 already 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
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