PART 22DISCLOSURE

Defence disclosure22.4

1

This rule applies where—

a

under section 5 or 6 of the Criminal Procedure and Investigations Act 1996337, the defendant gives a defence statement;

b

under section 6C of the 1996 Act338, the defendant gives a defence witness notice.

2

The defendant must serve such a statement or notice on—

a

the court officer; and

b

the prosecutor.

[Note. The Practice Direction sets out forms of

a

defence statement; and

b

defence witness notice.

Under section 5 of the 1996 Act, in the Crown Court the defendant must give a defence statement. Under section 6 of the Act, in a magistrates’ court the defendant may give such a statement but need not do so.

Under section 6C of the 1996 Act, in the Crown Court and in magistrates’ courts the defendant must give a defence witness notice indicating whether he or she intends to call any witnesses (other than him or herself) and, if so, identifying them.]