PART 6DISCLOSURE

Defence statements

I1125Defence statements: summary proceedings

1

This section applies where—

a

a plea of not guilty is recorded against an accused charged on summary complaint, and

b

during the relevant period the accused lodges a defence statement.

2

A defence statement must set out—

a

the nature of the accused's defence, including any particular defences on which the accused intends to rely,

b

any matters of fact on which the accused takes issue with the prosecution and the reason for doing so,

c

particulars of the matters of fact on which the accused intends to rely for the purposes of the accused's defence,

d

any point of law which the accused wishes to take and any authority on which the accused intends to rely for that purpose,

e

by reference to the accused's defence, the nature of any information that the accused wishes the prosecutor to disclose, and

f

the reasons why the accused considers that disclosure by the prosecutor of any such information is necessary.

3

As soon as practicable after lodging a defence statement, the accused must send a copy of the statement to the prosecutor and any co-accused.

4

As soon as practicable after receiving a copy of the defence statement the prosecutor must—

a

review all the information that may be relevant to the case for or against the accused of which the prosecutor is aware, and

b

disclose to the accused any information to which section 121(3) applies.

5

In this section, “relevant period”, in relation to the accused, is the period—

a

beginning with the recording of the accused's plea of not guilty, and

b

ending with the conclusion of the proceedings to which the plea relates.

6

For the purposes of subsection (5), proceedings are to be taken to be concluded if—

a

a plea of guilty is recorded against the accused,

b

the accused is acquitted,

c

the proceedings against the accused are deserted simpliciter,

d

the accused is convicted and does not appeal against the conviction before the expiry of the time allowed for such an appeal,

e

the accused is convicted and appeals against the conviction before the expiry of the time allowed for such an appeal,

f

the proceedings are deserted pro loco et tempore for any reason and no further trial diet is appointed, or

g

the complaint falls or is for any other reason not brought to trial, the diet is not continued, adjourned or postponed and no further proceedings are in contemplation.

7

In section 149B of the 1995 Act (notice of defences), after subsection (2) insert—

2A

Subsection (1) does not apply where—

a

the accused lodges a defence statement under section 125 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13),

b

the statement is lodged—

i

where an intermediate diet is to be held, at or before the diet, or

ii

where such a diet is not to be held, no later than 10 clear days before the trial diet, and

c

the accused's defence consists of or includes a defence to which that subsection applies.