Clause 17

in subsection (1), after paragraph (a), insert —“(aa)the prosecution fails to file the Case for the Prosecution in court, or the defence fails to file the Case for the Defence in court after the Case for the Prosecution has been served on the defence;”;

in subsection (1)(b), replace “section 162” with “section 162(1)”;

in subsections (1)(ba) and (2)(c), replace “section 166(1)” with “section 166”;

in subsection (2), after paragraph (a), insert —“(aa)the prosecution fails to file the Case for the Prosecution in court;”; and

after subsection (2), insert —“(3) Without affecting the generality of subsection (1), if any matter mentioned in paragraph (a), (aa), (b), (ba), (bb) or (c) of subsection (1) is satisfied, the court may in determining —

whether there is a case to answer; and

whether the accused is guilty of the offence charged or not,draw such inferences from the matter as appear proper.(4) Any matter from which a court may draw such inferences under subsection (3) may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given by or against the accused in relation to which the matter is material.”.