§ 258A — Admissibility of Case for the Defence

258A.—(1) Where any person is charged with an offence, the Case for the Defence filed under section 163(1) or 215(1) by or on behalf of that person —(a)

is admissible in evidence at that person’s trial (including during the presentation of the prosecutor’s statement under section 230(1)(d)); and

(b)

if that person tenders himself or herself as a witness, may be used in cross‑examination and for the purpose of impeaching that person’s credit.[19/2018]

(2) When 2 or more persons are tried jointly in any of the following circumstances, and the Case for the Defence filed under section 163(1) or 215(1) by or on behalf of any such person affects that person and any other such person, the court may take into consideration that Case for the Defence as against the other person as well as against the person by or on behalf of whom that Case for the Defence was filed:(a)

all of those persons are tried jointly for the same offence;

(b)

the proof of the facts alleged in the charge for the offence for which one of those persons (A) is tried (excluding any fact relating to any intent or state of mind on the part of A necessary to constitute the offence for which A is tried) would, for each of the rest of those persons, result in the proof of the facts alleged in the charge for the offence for which that person is tried (excluding any fact relating to any intent or state of mind on the part of that person necessary to constitute the offence for which that person is tried);

(c)

at least one of those persons is tried for an offence under section 411, 412, 413 or 414 of the Penal Code 1871 in respect of any property, and the rest of those persons are tried for one or more of the offences of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating under Chapter 17 of the Penal Code 1871 in respect of the same property.[19/2018]

(3) Despite subsection (2), the court may refuse to take into consideration a Case for the Defence as against a person (other than the person by or on behalf of whom that Case for the Defence was filed), if the prejudicial effect of that Case for the Defence on that person outweighs the probative value of that Case for the Defence.[19/2018]

(4) In subsection (2), “offence” includes an abetment of, a conspiracy to commit, or an attempt to commit, the offence.[19/2018]

—(1) Where any person is charged with an offence, the Case for the Defence filed under section 163(1) or 215(1) by or on behalf of that person —(a)

is admissible in evidence at that person’s trial (including during the presentation of the prosecutor’s statement under section 230(1)(d)); and

(b)

if that person tenders himself or herself as a witness, may be used in cross‑examination and for the purpose of impeaching that person’s credit.[19/2018]

(2) When 2 or more persons are tried jointly in any of the following circumstances, and the Case for the Defence filed under section 163(1) or 215(1) by or on behalf of any such person affects that person and any other such person, the court may take into consideration that Case for the Defence as against the other person as well as against the person by or on behalf of whom that Case for the Defence was filed:(a)

all of those persons are tried jointly for the same offence;

(b)

the proof of the facts alleged in the charge for the offence for which one of those persons (A) is tried (excluding any fact relating to any intent or state of mind on the part of A necessary to constitute the offence for which A is tried) would, for each of the rest of those persons, result in the proof of the facts alleged in the charge for the offence for which that person is tried (excluding any fact relating to any intent or state of mind on the part of that person necessary to constitute the offence for which that person is tried);

(c)

at least one of those persons is tried for an offence under section 411, 412, 413 or 414 of the Penal Code 1871 in respect of any property, and the rest of those persons are tried for one or more of the offences of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating under Chapter 17 of the Penal Code 1871 in respect of the same property.[19/2018]

(3) Despite subsection (2), the court may refuse to take into consideration a Case for the Defence as against a person (other than the person by or on behalf of whom that Case for the Defence was filed), if the prejudicial effect of that Case for the Defence on that person outweighs the probative value of that Case for the Defence.[19/2018]

(4) In subsection (2), “offence” includes an abetment of, a conspiracy to commit, or an attempt to commit, the offence.[19/2018]