§ 162 — Contents of Case for the Prosecution

162.—(1) The Case for the Prosecution must contain —(a)

the charge which the prosecution intends to proceed with at the trial;

(b)

a summary of the facts in support of the charge;

(c)

a list of the names of the witnesses for the prosecution;

(d)

a list of the exhibits that are intended by the prosecution to be admitted at the trial;

(e)

any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution;

(f)

a list of every statement, made by the accused at any time to an officer of a law enforcement agency under any law, that is recorded in the form of an audiovisual recording, and that the prosecution intends to adduce in evidence as part of the case for the prosecution; and

(g)

for every statement mentioned in paragraph (f), a transcript (if any) of the audiovisual recording of that statement.Illustrations

(a)

A is charged with theft of a shirt from a shop. The summary of facts should state the facts in support of the charge, for example, that A was seen taking a shirt in the shop and putting it into A’s bag, and that A left the shop without paying for the shirt.

(b)

A is charged with conspiracy to cheat together with a known person and an unknown person. The summary of facts should state —

(i)

when and where the conspiracy took place; and

(ii)

who the known conspirators were and what they did.

(c)

A is charged with robbery and 3 separate written statements, X, Y and Z were recorded from A by the police at 3 different time periods. If the prosecution intends to adduce in evidence as part of the Case for the Prosecution statement Y, but not statements X and Z, the Case for the Prosecution must contain the entire statement Y. The Case for the Prosecution need not contain statements X and Z.

[19/2018]

(2) Where the Case for the Prosecution has been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(f) at a police station or at any other prescribed place.[19/2018]

—(1) The Case for the Prosecution must contain —(a)

the charge which the prosecution intends to proceed with at the trial;

(b)

a summary of the facts in support of the charge;

(c)

a list of the names of the witnesses for the prosecution;

(d)

a list of the exhibits that are intended by the prosecution to be admitted at the trial;

(e)

any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution;

(f)

a list of every statement, made by the accused at any time to an officer of a law enforcement agency under any law, that is recorded in the form of an audiovisual recording, and that the prosecution intends to adduce in evidence as part of the case for the prosecution; and

(g)

for every statement mentioned in paragraph (f), a transcript (if any) of the audiovisual recording of that statement.Illustrations

(a)

A is charged with theft of a shirt from a shop. The summary of facts should state the facts in support of the charge, for example, that A was seen taking a shirt in the shop and putting it into A’s bag, and that A left the shop without paying for the shirt.

(b)

A is charged with conspiracy to cheat together with a known person and an unknown person. The summary of facts should state —

(i)

when and where the conspiracy took place; and

(ii)

who the known conspirators were and what they did.

(c)

A is charged with robbery and 3 separate written statements, X, Y and Z were recorded from A by the police at 3 different time periods. If the prosecution intends to adduce in evidence as part of the Case for the Prosecution statement Y, but not statements X and Z, the Case for the Prosecution must contain the entire statement Y. The Case for the Prosecution need not contain statements X and Z.

[19/2018]

(2) Where the Case for the Prosecution has been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(f) at a police station or at any other prescribed place.[19/2018]