6EDisclosure by accused: further provisions

1

Where an accused’s solicitor purports to give on behalf of the accused—

a

a defence statement under section 5, 6 or 6B, or

b

a statement of the kind mentioned in section 6B(4),

the statement shall, unless the contrary is proved, be deemed to be given with the authority of the accused.

2

If it appears to the judge at a pre-trial hearing that an accused has failed to comply fully with section 5, 6B or 6C, so that there is a possibility of comment being made or inferences drawn under section 11(5), he shall warn the accused accordingly.

3

In subsection (2) “pre-trial hearing” has the same meaning as in Part 4 (see section 39).

4

The judge in a trial before a judge and jury—

a

may direct that the jury be given a copy of any defence statement, and

b

if he does so, may direct that it be edited so as not to include references to matters evidence of which would be inadmissible.

5

A direction under subsection (4)—

a

may be made either of the judge’s own motion or on the application of any party;

b

may be made only if the judge is of the opinion that seeing a copy of the defence statement would help the jury to understand the case or to resolve any issue in the case.

6

The reference in subsection (4) to a defence statement is a reference—

a

where the accused has given only an initial defence statement (that is, a defence statement given under section 5 or 6), to that statement;

b

where he has given both an initial defence statement and an updated defence statement (that is, a defence statement given under section 6B), to the updated defence statement;

c

where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(4), to the initial defence statement.