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

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 statements and defence witness notices
  • Defence witness notice regulations
  • Method of notification of witness requirements
  • Defence statements
  • Sanctions for non-compliance
  • Adverse inferences

Defence disclosure in criminal proceedings—defence statements and defence witness notices

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 the 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.

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 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 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

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