Criminal Justice (Scotland) Act 1980

30 Additional evidence and evidence in replication. S

(1) For section 149 of the 1975 Act (witness may be recalled) there shall be substituted the following sections—

“149 (1) The judge may, on a motion of the prosecutor or defence made after the close of that party’s evidence and before the commencement of the speeches to the jury, permit him to lead additional evidence, but such permission shall only be granted where the judge—

(a) considers that the additional evidence isprima facie material; and

(b) accepts that at the time the party’s evidence was closed either—

(i) the additional evidence was not available and could not reasonably have been made available; or

(ii) the materiality of such additional evidence could not reasonably have been foreseen by the party.

(2) The judge may permit the additional evidence to be led notwithstanding that—

(a) a witness or production concerned is not included in any list lodged by the parties and that the notice required by sections 81 and 82(2) of this Act has not been given ; or

(b) a witness must be recalled.

(3) The judge may, when granting a motion in terms of this section, adjourn or postpone the trial before permitting the additional evidence to be led.

149A Evidence in replication.

(1) The judge may, on a motion of the prosecutor made after the close of the defence evidence and before the commencement of the speeches to the jury, permit the prosecutor to lead additional evidence for the purpose of—

(a) contradicting evidence, led by the defence, which could not reasonably have been anticipated by the prosecutor ; or

(b) providing such proof as is mentioned in section 147 of this Act.

(2) The judge may permit the additional evidence to be led notwithstanding that—

(a) a witness or production concerned is not included in any list lodged by the parties and that the notice required by sections 81 and 82(2) of this Act has not been given; or

(b) a witness must be recalled.

(3) The judge may when granting a motion in terms of this section, adjourn or postpone the trial before permitting the additional evidence to be led.”.

(2) For section 350 of the 1975 Act (witness may be recalled) there shall be substituted the following sections—

“350 Additional evidence.

(1) The judge may, on a motion of the prosecutor or defence made after the close of that party’s evidence and before the prosecutor proceeds to address the judge on the evidence, permit that party to lead additional evidence; but such permission shall only be granted where the judge—

(a) considers that the additional evidence is prima facie material; and

(b) accepts that at the time the party’s evidence was closed either—

(i) the additional evidence was not available and could not reasonably have been made available; or

(ii) the materiality of such additional evidence could not reasonably have been foreseen by the party.

(2) The judge may permit the additional evidence to be led notwithstanding that a witness must be recalled.

(3) The judge may, when granting a motion in terms of this section, adjourn or postpone the trial before permitting the additional evidence to be led.

350A Evidence in replication.

(1) The judge may, on a motion of the prosecutor made after the close of the defence evidence and before the prosecutor proceeds to address the judge on the evidence, permit the prosecutor to lead additional evidence, for the purpose of—

(a) contradicting evidence, led by the defence, which could not reasonably have been anticipated by the prosecutor; or

(b) providing such proof as is mentioned in section 349 of this Act.

(2) The judge may permit the additional evidence to be led notwithstanding that a witness must be recalled.

(3) The judge may, when granting a motion in terms of this section, adjourn or postpone the trial before permitting the additional evidence to be led.”.

Modifications etc. (not altering text)

C1 The text of ss. 6, 11, 13–22, 24, 25, 27–30, 33–38, 40, 43, 45(1), (3), 46(1)(e)(f), (2), 47–51, 53, 54, 56, 57, 79, 83(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.