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Faults In Defence Disclosure

Volume 405: debated on Monday 19 May 2003

The text on this page has been created from Hansard archive content, it may contain typographical errors.

Amendments made: No. 93, in page 23, line 47, at end insert—

'(iii) where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(3A), to the initial defence statement;'.—

No. 86, in page 22, line 30, after 'give', insert "either'.

No. 87, in page 22, line 30, at end insert—

'or a statement of the kind mentioned in subsection (3A) of that section'.

No. 88, in page 22, line 32, after "statement', insert—

'or a statement of the kind mentioned in section 6B(3A)'.

No. 89, in page 23, line 3, leave out "giving'.

No. 90, in page 23, line 15 after "witness', insert "(other than himself)'.

No. 91, in page 23, line 21, at end insert—

'(5A) Where—
  • (a) this section applies by virtue of subsection (2)(f)(ii) (including that provision as it applies by virtue of subsection (3)(b)), and
  • (b) the matter which was not mentioned is a point of law (including any point as to the admissibility of evidence or an abuse of process) or an authority,
  • comment by another party under subsection (5)(a) may be made only with the leave of the court.'.

    No. 92, in page 23, line 36, at end insert—

    '(9A) Where the accused has given a statement of the kind mentioned in section 6B(3A), then, for the purposes of subsections (2)(f)(ii) and (iv), the question as to whether there has been a breach of the requirements imposed by or under section 6A or a failure to comply with section 6A(2)(a) or (b) shall be determined—
  • (a) by reference to the state of affairs at the time when that statement was given, and
  • (b) as if the defence statement was given at the same time as that statement.'.
  • No. 93, page 23, line 47, at end insert—

    "(iii) where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(3A), to the initial defence statement.'.
    [Mr. Heppell.]