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In forceAmended2020 Revised Edition
Contents

Part 9 · Pre-Trial Procedures in the State Courts

162. Contents of Case for the Prosecution

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Amended

Last amended by an amending law of 2018.

(1)

The Case for the Prosecution must contain —

(a)

the charge which the prosecution intends to proceed with at the trial;

(b)

a summary of the facts in support of the charge;

(c)

a list of the names of the witnesses for the prosecution;

(d)

a list of the exhibits that are intended by the prosecution to be admitted at the trial; (e)any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution;

(f)

a list of every statement, made by the accused at any time to an officer of a law enforcement agency under any law, that is recorded in the form of an audiovisual recording, and that the prosecution intends to adduce in evidence as part of the case for the prosecution; and

(g)

for every statement mentioned in paragraph (f), a transcript (if any) of the audiovisual recording of that statement.Illustrations(a)A is charged with theft of a shirt from a shop. The summary of facts should state the facts in support of the charge, for example, that A was seen taking a shirt in the shop and putting it into A’s bag, and that A left the shop without paying for the shirt.

(b)

A is charged with conspiracy to cheat together with a known person and an unknown person. The summary of facts should state —

(i)

when and where the conspiracy took place; and

(ii)

who the known conspirators were and what they did.

(c)

A is charged with robbery and 3 separate written statements, X, Y and Z were recorded from A by the police at 3 different time periods. If the prosecution intends to adduce in evidence as part of the Case for the Prosecution statement Y, but not statements X and Z, the Case for the Prosecution must contain the entire statement Y. The Case for the Prosecution need not contain statements X and Z.

(2)

Where the Case for the Prosecution has been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(f) at a police station or at any other prescribed place.

Report

Part 10

Pre-Trial Procedures in General Division of High Court

Part 10A

Prosecution’S Obligation to Serve Certain Materials on Defence

Part 11

General Provisions Relating to Pre-Trial and Plead Guilty Procedures in All Courts

Part 12

Procedure at Trial in All Courts

Part 13

General Provisions Relating to Proceedings in Courts

Part 14

Evidence and Witnesses

Part 15

Judgment

Part 16

Sentences

Part 17

Community Sentences

Part 18

Compensation and Costs

Part 19

Disposal of Property

Part 20

Appeals, Points Reserved, Revisions and Criminal Motions

Part 21

Special Proceedings

Part 22

Miscellaneous

Schedules