Clause 19

replace subsection (1) with —“(1) If, at the further criminal case disclosure conference held on the date referred to in section 213(3) or on such other date to which the further criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty, the defence must, not later than 2 weeks after the date of the further criminal case disclosure conference —

file in the General Division of the High Court the Case for the Defence; and

serve a copy of the Case for the Defence on the prosecution and on every co‑accused claiming trial with the accused, if any.”; and

after subsection (2), insert —“(3) If the defence does not file in court the Case for the Defence, or does not serve the Case for the Defence, as required under subsection (1) —

the accused may be cross‑examined on why the Case for the Defence was not filed or served, as the case may be; and

the court may consider the accused’s evidence under the cross‑examination and draw such inference as it thinks fit under section 221(1)(a) or (b).”.