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In forceAmended2020 Revised Edition
Contents

Part 9 · Pre-Trial Procedures in the State Courts

165. Contents of Case for the Defence

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Amended

Last amended by an amending law of 2019.

(1)

The Case for the Defence must contain —

(a)

a summary of the defence to the charge and the facts in support of the defence;

(b)

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

(c)

a list of the exhibits that are intended by the defence to be admitted at the trial; and

(d)

if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —

(i)

a statement of the nature of the objection;

(ii)

the issue of fact on which evidence will be produced; and

(iii)

the points of law in support of such objection.Illustration 1 A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter 4 or right of private defence in Chapter 4A of the Penal Code 1871 applied in this case).Illustration 2 The accused, A, intends to challenge, at the trial, the voluntariness of A’s statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements A intends to challenge and the facts that A intends to rely on to support A’s challenge.

(2)

Despite subsection (1), an accused who is not represented by an advocate need not state any —

(a)

objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or

(b)

point of law in support of any objection raised by the defence.

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