(a)the prosecution fails to serve the Case for the Prosecution on the accused or the defence fails to serve the Case for the Defence after the Case for the Prosecution has been served on him;
Section history
Section 169 — Consequences of non-compliance with Division 2
As in force on 20 December 2011.
Timeline 5 versions
- 2 January 2011 Enacted
- 20 December 2011 You are here
- 31 August 2012 Revised edition
- 17 September 2018 Act 19 of 2018
- 14 February 2025 Act 5 of 2024
- 17 August 2026 Latest
(1)The court may draw such inference as it thinks fit if —
(b)the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 162 or 165(1), respectively; or
(c)the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed.
(2)If the prosecution fails to serve the Case for the Prosecution in respect of any charge which the prosecution intends to proceed with at trial within the time permitted under section 161 or the Case for the Prosecution does not contain any or any part of the items specified in section 162, a court may order a discharge not amounting to an acquittal in relation to the charge.