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Criminal Procedure and Investigations Act 1996

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Changes over time for: Section 5

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Version Superseded: 04/04/2005

Status:

Point in time view as at 02/10/2000. This version of this provision has been superseded. Help about Status

Changes to legislation:

Criminal Procedure and Investigations Act 1996, Section 5 is up to date with all changes known to be in force on or before 27 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

5 Compulsory disclosure by accused.E+W+N.I.

(1)Subject to subsections (2) to (4), this section applies where—

(a)this Part applies by virtue of section 1(2), and

(b)the prosecutor complies with section 3 or purports to comply with it.

(2)Where this Part applies by virtue of section 1(2)(b), this section does not apply unless—

(a)a copy of the notice of transfer, and

(b)copies of the documents containing the evidence,

have been given to the accused under regulations made under section 5(9) of the M1Criminal Justice Act 1987.

(3)Where this Part applies by virtue of section 1(2)(c), this section does not apply unless—

(a)a copy of the notice of transfer, and

(b)copies of the documents containing the evidence,

have been given to the accused under regulations made under paragraph 4 of Schedule 6 to the M2Criminal Justice Act 1991.

[F1(3A)Where this Part applies by virtue of section 1(2)(cc), this section does not apply unless—

(a)copies of the documents containing the evidence have been served on the accused under regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998; and

(b)a copy of the notice under subsection (7) of section 51 of that Act has been served on him under that subsection.]

(4)Where this Part applies by virtue of section 1(2)(e), this section does not apply unless the prosecutor has served on the accused a copy of the indictment and a copy of the set of documents containing the evidence which is the basis of the charge.

(5)Where this section applies, the accused must give a defence statement to the court and the prosecutor.

(6)For the purposes of this section a defence statement is a written statement—

(a)setting out in general terms the nature of the accused’s defence,

(b)indicating the matters on which he takes issue with the prosecution, and

(c)setting out, in the case of each such matter, the reason why he takes issue with the prosecution.

(7)If the defence statement discloses an alibi the accused must give particulars of the alibi in the statement, including—

(a)the name and address of any witness the accused believes is able to give evidence in support of the alibi, if the name and address are known to the accused when the statement is given;

(b)any information in the accused’s possession which might be of material assistance in finding any such witness, if his name or address is not known to the accused when the statement is given.

(8)For the purposes of this section evidence in support of an alibi is evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.

(9)The accused must give a defence statement under this section during the period which, by virtue of section 12, is the relevant period for this section.

Extent Information

E1In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79

Textual Amendments

F1S. 5(3A) inserted (E.W.) (4.1.1999 for certain purposes and 15.1.2001 otherwise) by 1998 c. 37, s. 119, Sch. 8 para.126; S.I. 1998/2327, art. 4(2)(c), Sch. 2; S.I. 2000/3283, art. 2

Marginal Citations

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