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Criminal Justice Act 2003

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Valid from 01/05/2010

34Notification of intention to call defence witnessesE+W+N.I.

This section has no associated Explanatory Notes

After section 6B of the 1996 Act (inserted by section 33 above) there is inserted—

6CNotification of intention to call defence witnesses

(1)The accused must give to the court and the prosecutor a notice indicating whether he intends to call any persons (other than himself) as witnesses at his trial and, if so—

(a)giving the name, address and date of birth of each such proposed witness, or as many of those details as are known to the accused when the notice is given;

(b)providing any information in the accused’s possession which might be of material assistance in identifying or finding any such proposed witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the notice is given.

(2)Details do not have to be given under this section to the extent that they have already been given under section 6A(2).

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

(4)If, following the giving of a notice under this section, the accused—

(a)decides to call a person (other than himself) who is not included in the notice as a proposed witness, or decides not to call a person who is so included, or

(b)discovers any information which, under subsection (1), he would have had to include in the notice if he had been aware of it when giving the notice,

he must give an appropriately amended notice to the court and the prosecutor.

Commencement Information

I1S. 34 partly in force; s. 34 not in force at Royal Assent see s. 336(3); s. 34 in force for E.W. at 1.5.2010 by S.I. 2010/1183, art. 3 (with art. 4)

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