(a)the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 214 or 217(1), respectively;
Section history
Section 221 — Consequences of non-compliance with certain requirements in Division 5
As in force on 8 February 2024.
Timeline 4 versions
- 2 January 2011 Enacted
- 17 September 2018 Act 19 of 2018
- 8 February 2024 You are here
- 14 February 2025 Act 5 of 2024
- 17 August 2026 Latest
The court may draw such inference as it thinks fit if —
(aa)the prosecution fails to serve on the defence any copy of a statement, transcript or criminal record that the prosecution is required under section 218(1) to serve on the defence;
(ab)the defence fails to serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 217(1)(c) and is in the possession, custody or power of the accused; or
(b)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.