Criminal Procedure and Investigations Act 1996
1996 Chapter 25 - continued

 
Secondary disclosure by prosecutor.     7. - (1) This section applies where the accused gives a defence statement under section 5 or 6.
 
      (2) The prosecutor must-
 
 
    (a) disclose to the accused any prosecution material which has not previously been disclosed to the accused and which might be reasonably expected to assist the accused's defence as disclosed by the defence statement given under section 5 or 6, or
 
    (b) give to the accused a written statement that there is no material of a description mentioned in paragraph (a).
      (3) For the purposes of this section prosecution material is material-
 
 
    (a) which is in the prosecutor's possession and came into his possession in connection with the case for the prosecution against the accused, or
 
    (b) which, in pursuance of a code operative under Part II, he has inspected in connection with the case for the prosecution against the accused.
      (4) Subsections (3) to (5) of section 3 (method by which prosecutor discloses) apply for the purposes of this section as they apply for the purposes of that.
 
      (5) Material must not be disclosed under this section to the extent that the court, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.
 
      (6) Material must not be disclosed under this section to the extent that-
 
 
    (a) it has been intercepted in obedience to a warrant issued under section 2 of the Interception of Communications Act 1985, or
 
    (b) it indicates that such a warrant has been issued or that material has been intercepted in obedience to such a warrant.
      (7) The prosecutor must act under this section during the period which, by virtue of section 12, is the relevant period for this section.
 
Application by accused for disclosure.     8. - (1) This section applies where the accused gives a defence statement under section 5 or 6 and the prosecutor complies with section 7 or purports to comply with it or fails to comply with it.
 
      (2) If the accused has at any time reasonable cause to believe that-
 
 
    (a) there is prosecution material which might be reasonably expected to assist the accused's defence as disclosed by the defence statement given under section 5 or 6, and
 
    (b) the material has not been disclosed to the accused,
  the accused may apply to the court for an order requiring the prosecutor to disclose such material to the accused.
 
      (3) For the purposes of this section prosecution material is material-
 
 
    (a) which is in the prosecutor's possession and came into his possession in connection with the case for the prosecution against the accused,
 
    (b) which, in pursuance of a code operative under Part II, he has inspected in connection with the case for the prosecution against the accused, or
 
    (c) which falls within subsection (4).
      (4) Material falls within this subsection if in pursuance of a code operative under Part II the prosecutor must, if he asks for the material, be given a copy of it or be allowed to inspect it in connection with the case for the prosecution against the accused.
 
      (5) Material must not be disclosed under this section to the extent that the court, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.
 
      (6) Material must not be disclosed under this section to the extent that-
 
 
    (a) it has been intercepted in obedience to a warrant issued under section 2 of the Interception of Communications Act 1985, or
 
    (b) it indicates that such a warrant has been issued or that material has been intercepted in obedience to such a warrant.
Continuing duty of prosecutor to disclose.     9. - (1) Subsection (2) applies at all times-
 
 
    (a) after the prosecutor complies with section 3 or purports to comply with it, and
 
    (b) before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned.
      (2) The prosecutor must keep under review the question whether at any given time there is prosecution material which-
 
 
    (a) in his opinion might undermine the case for the prosecution against the accused, and
 
    (b) has not been disclosed to the accused;
  and if there is such material at any time the prosecutor must disclose it to the accused as soon as is reasonably practicable.
 
      (3) In applying subsection (2) by reference to any given time the state of affairs at that time (including the case for the prosecution as it stands at that time) must be taken into account.
 
      (4) Subsection (5) applies at all times-
 
 
    (a) after the prosecutor complies with section 7 or purports to comply with it, and
 
    (b) before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned.
      (5) The prosecutor must keep under review the question whether at any given time there is prosecution material which-
 
 
    (a) might be reasonably expected to assist the accused's defence as disclosed by the defence statement given under section 5 or 6, and
 
    (b) has not been disclosed to the accused;
  and if there is such material at any time the prosecutor must disclose it to the accused as soon as is reasonably practicable.
 
      (6) For the purposes of this section prosecution material is material-
 
 
    (a) which is in the prosecutor's possession and came into his possession in connection with the case for the prosecution against the accused, or
 
    (b) which, in pursuance of a code operative under Part II, he has inspected in connection with the case for the prosecution against the accused.
      (7) Subsections (3) to (5) of section 3 (method by which prosecutor discloses) apply for the purposes of this section as they apply for the purposes of that.
 
      (8) Material must not be disclosed under this section to the extent that the court, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.
 
      (9) Material must not be disclosed under this section to the extent that-
 
 
    (a) it has been intercepted in obedience to a warrant issued under section 2 of the Interception of Communications Act 1985, or
 
    (b) it indicates that such a warrant has been issued or that material has been intercepted in obedience to such a warrant.
Prosecutor's failure to observe time limits.     10. - (1) This section applies if the prosecutor-
 
 
    (a) purports to act under section 3 after the end of the period which, by virtue of section 12, is the relevant period for section 3, or
 
    (b) purports to act under section 7 after the end of the period which, by virtue of section 12, is the relevant period for section 7.
      (2) Subject to subsection (3), the failure to act during the period concerned does not on its own constitute grounds for staying the proceedings for abuse of process.
 
      (3) Subsection (2) does not prevent the failure constituting such grounds if it involves such delay by the prosecutor that the accused is denied a fair trial.
 
Faults in disclosure by accused.     11. - (1) This section applies where section 5 applies and the accused-
 
 
    (a) fails to give a defence statement under that section,
 
    (b) gives a defence statement under that section but does so after the end of the period which, by virtue of section 12, is the relevant period for section 5,
 
    (c) sets out inconsistent defences in a defence statement given under section 5,
 
    (d) at his trial puts forward a defence which is different from any defence set out in a defence statement given under section 5,
 
    (e) at his trial adduces evidence in support of an alibi without having given particulars of the alibi in a defence statement given under section 5, or
 
    (f) at his trial calls a witness to give evidence in support of an alibi without having complied with subsection (7)(a) or (b) of section 5 as regards the witness in giving a defence statement under that section.
      (2) This section also applies where section 6 applies, the accused gives a defence statement under that section, and the accused-
 
 
    (a) gives the statement after the end of the period which, by virtue of section 12, is the relevant period for section 6,
 
    (b) sets out inconsistent defences in the statement,
 
    (c) at his trial puts forward a defence which is different from any defence set out in the statement,
 
    (d) at his trial adduces evidence in support of an alibi without having given particulars of the alibi in the statement, or
 
    (e) at his trial calls a witness to give evidence in support of an alibi without having complied with subsection (7)(a) or (b) of section 5 (as applied by section 6) as regards the witness in giving the statement.
      (3) Where this section applies-
 
 
    (a) the court or, with the leave of the court, any other party may make such comment as appears appropriate;
 
    (b) the court or jury may draw such inferences as appear proper in deciding whether the accused is guilty of the offence concerned.
      (4) Where the accused puts forward a defence which is different from any defence set out in a defence statement given under section 5 or 6, in doing anything under subsection (3) or in deciding whether to do anything under it the court shall have regard-
 
 
    (a) to the extent of the difference in the defences, and
 
    (b) to whether there is any justification for it.
      (5) A person shall not be convicted of an offence solely on an inference drawn under subsection (3).
 
      (6) Any reference in this section to evidence in support of an alibi shall be construed in accordance with section 5.
 
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Prepared 21 December 1996