39 Faults in defence disclosure
39 Faults in defence disclosure

For section 11 of the 1996 Act there is substituted—

“11 Faults in disclosure by accused

(1)     This section applies in the three cases set out in subsections (2), (3) and (4).

(2)     The first case is where section 5 applies and the accused—

(a)     fails to give an initial defence statement,

(b)     gives an initial defence statement but does so after the end of the period which, by virtue of section 12, is the relevant period for section 5,

(c)     is required by section 6B to give either an updated defence statement or a statement of the kind mentioned in subsection (4) of that section but fails to do so,

(d)     gives an updated defence statement or a statement of the kind mentioned in section 6B(4) but does so after the end of the period which, by virtue of section 12, is the relevant period for section 6B,

(e)     sets out inconsistent defences in his defence statement, or

(f)     at his trial—

(i)     puts forward a defence which was not mentioned in his defence statement or is different from any defence set out in that statement,

(ii)     relies on a matter which, in breach of the requirements imposed by or under section 6A, was not mentioned in his defence statement,

(iii)     adduces evidence in support of an alibi without having given particulars of the alibi in his defence statement, or

(iv)     calls a witness to give evidence in support of an alibi without having complied with section 6A(2)(a) or (b) as regards the witness in his defence statement.

(3)     The second case is where section 6 applies, the accused gives an initial defence statement, and the accused—

(a)     gives the initial defence statement after the end of the period which, by virtue of section 12, is the relevant period for section 6, or

(b)     does any of the things mentioned in paragraphs (c) to (f) of subsection (2).

(4)     The third case is where the accused—