Defence Case Statements
Where the prosecution say that they have made primary disclosure of evidence, the defence must supply the court and the prosecution with a defence case statement
This is a document which sets out the general nature of the defence.
Section 6 of Criminal procedure and investigation Act 1996 defines a defence statement as a written statement -
(a)setting out the nature of the accused´s defence, including any particular defences on which he intends to rely,
(b)indicating the matters of fact on which he takes issue with the prosecution,
(c)setting out, in the case of each such matter, why he takes issue with the prosecution, and
(d)indicating any point of law (including any point as to the admissibility of evidence or an abuse of process) which he wishes to take, and any authority on which he intends to rely for that purpose.
(2) A defence statement that discloses an alibi must give particulars of it, including -
(a)the name, address and date of birth of any witness the accused believes is able to give evidence in support of the alibi, or as many of those details as are known to the accused when the statement is given;
(b)any information in the accused´s possession which might be of material assistance in identifying or finding any such witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the statement is given.
This is a legal document which explains the legal defence to the charge and must be filede to
- get disclosure,
- avoid the prosecution from saying that you have only recently made up your version of events (an adverse inference).
A carefully prepared defence case statement wins cases.