§ 221D — Continuing obligation of prosecution to serve unused material or statement of material witness, etc.

221D.—(1) If during the period —(a)

after any unused material, or statement of any material witness, that relates to any charge or charges to be, or that are, proceeded with at the trial against an accused, has been served on the defence pursuant to the time for service under section 221B; and

(b)

before the accused is convicted or acquitted of the charge or charges, or where there is an appeal, before any appeal in relation to the charge or charges is finally disposed of,

the prosecution becomes aware of any unused material, or statement of any material witness, that relates to the charge or charges and that is in the prosecution’s possession and has not been served on the defence, the prosecution must serve such other unused material or statement (as the case may be) on the defence as soon as reasonably practicable after becoming so aware.

(2) If in respect of any charge or charges to be, or that are, proceeded with at the trial against an accused person —(a)

any material witness is identified within the period mentioned in subsection (1); but

(b)

the prosecution is not in possession of any statement recorded from that material witness by any law enforcement agency,

there is no obligation on the prosecution to require any law enforcement agency to record a statement from that material witness.

(3) This section does not affect the operation of any written law or rule of law concerning privilege, secrecy or the protection or non-disclosure of any information.[Act 5 of 2024 wef 14/02/2025]

—(1) If during the period —(a)

after any unused material, or statement of any material witness, that relates to any charge or charges to be, or that are, proceeded with at the trial against an accused, has been served on the defence pursuant to the time for service under section 221B; and

(b)

before the accused is convicted or acquitted of the charge or charges, or where there is an appeal, before any appeal in relation to the charge or charges is finally disposed of,

the prosecution becomes aware of any unused material, or statement of any material witness, that relates to the charge or charges and that is in the prosecution’s possession and has not been served on the defence, the prosecution must serve such other unused material or statement (as the case may be) on the defence as soon as reasonably practicable after becoming so aware.

(2) If in respect of any charge or charges to be, or that are, proceeded with at the trial against an accused person —(a)

any material witness is identified within the period mentioned in subsection (1); but

(b)

the prosecution is not in possession of any statement recorded from that material witness by any law enforcement agency,

there is no obligation on the prosecution to require any law enforcement agency to record a statement from that material witness.

(3) This section does not affect the operation of any written law or rule of law concerning privilege, secrecy or the protection or non-disclosure of any information.[Act 5 of 2024 wef 14/02/2025]