Committal for trial without consideration of evidenceE+W
6.—(1) This rule applies to committal proceedings where the accused is represented by counsel or a solicitor and where the court has been informed that all the evidence for the prosecution is in the form of written statements copies of which have been given to the accused.
(2) A magistrates' court inquiring into an offence in committal proceedings to which this rule applies shall cause the charge to be written down, if this has not already been done, and read to the accused and shall then ascertain whether he wishes to—
(a)object to any of the prosecution statements being tendered in evidence;
(b)give evidence himself or call witnesses; or
(c)submit that the prosecution statements disclose insufficient evidence to put him on trial by jury for the offence with which he is charged.
(3) If the court is satisfied that the accused or, as the case may be, each of the accused does not wish to take any of the steps mentioned in sub-paragraphs (a), (b) and (c) of paragraph (2) and determines, after receiving any written statements tendered by the prosecution and the defence under section 102 of the Act of 1980, to commit the accused for trial without consideration of the evidence, the court shall proceed in accordance with paragraph (4) and in any other case shall proceed in accordance with rule 7.
(4) The court shall then say to the accused—
“You will be committed for trial by jury but I must warn you that at that trial you may not be permitted to give evidence of an alibi or to call witnesses in support of an alibi unless you have earlier given particulars of the alibi and of the witnesses. You may give those particulars now to this court or at any time in the next seven days to the solicitor for the prosecution.”,
or words to that effect:
Provided that the court shall not be required to give this warning in any case where it appears to the court that, having regard to the nature of the offence with which the accused is charged, it is unnecessary to do so.
(5) Where the court has given to the accused the warning required by paragraph (4) the clerk of the court shall give to him written notice of the provisions of section 11 of the Criminal Justice Act 1967(1) about giving notice of particulars of alibi to the solicitor for the prosecution and the solicitor's name and address shall be stated in the notice.