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The Criminal Procedure Rules 2005

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Disclosure of prosecution case

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15.5.  Where an order is made under section 9(4) of the Criminal Justice Act 1987(1) or section 31(4) of the Criminal Procedure and Investigations Act 1996(2) for the prosecution to prepare and serve any documents, the order shall identify the documents to be served and require the prosecution to serve a copy of each such document on the other party, or if there is more than one, each of the other parties in the case, and the Crown Court officer shall serve notice of the order on the parties in the case.

[Note. Formerly rule 7 of the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997 and rule 7 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997. Under section 9(4) of the 1987 Act and section 31(4) of the 1996 Act the judge can require the prosecution to set out its case in a written statement, to arrange its evidence in a form that will be easiest for the jury to understand, to prepare a list of agreed facts, and to amend the case statement as directed by the judge following representations from the defence.]

(1)

Section 9 was amended by section 170(2) of, and Schedule 16 to, the Criminal Justice Act 1988 (c. 33), section 6(8) of the Criminal Justice Act 1993 (c. 36), sections 72, 74 and 80 of, and paragraph 3 of Schedule 3, and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25), and is further amended by sections 45 and 310(2) of, and paragraphs 18, 52 and 54 of Schedule 36 and Part 3 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

(2)

Section 31 is amended by section 310(5) of, and paragraphs 20, 36, 65 and 67 of Schedule 36 and Part 3 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) with effect from a date to be appointed.

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