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In forceAmended2020 Revised Edition
Contents

Part 10 · Pre-Trial Procedures in General Division of High Court

215. When Case for the Defence is served

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Amended

Last amended by an amending law of 2024.

(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 —

(a)

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

(b)

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

(2)

The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under this section and after the prosecution is to serve on the defence copies of the statements and records mentioned in section 218(1).

(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) —

(a)

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

(b)

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).

Report

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