(a)the defence does not indicate that the accused wishes to plead guilty, the defence may file in the General Division of the High Court the Case for the Defence and serve a copy on the prosecution and on every co‑accused claiming trial with the accused (if any) not later than 2 weeks from the date of the further criminal case disclosure conference; or
Section history
Section 215 — When Case for the Defence is served
As in force on 14 February 2025.
(1)If, at the further criminal case disclosure conference held on the date mentioned in section 213(3) or on such other date to which the further criminal case disclosure conference has been adjourned under section 238 —
(b)the defence indicates that the accused does not wish to file the Case for the Defence, the Registrar of the Supreme Court may fix a date for trial in the General Division of the High Court.
(1)If, at the further criminal case disclosure conference held on the date referred to in section 213(3) or on such other date to which the further criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty, the defence must, not later than 2 weeks after the date of the further criminal case disclosure conference —
(a)file in the General Division of the High Court the Case for the Defence; and
(b)serve a copy of the Case for the Defence on the prosecution and on every co‑accused claiming trial with the accused, if any.
(2)The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under this section and after the prosecution is to serve on the defence copies of the statements and records mentioned in section 218(1).
(3)If the defence does not file in court the Case for the Defence, or does not serve the Case for the Defence, as required under subsection (1) —
(a)the accused may be cross‑examined on why the Case for the Defence was not filed or served, as the case may be; and
(b)the court may consider the accused’s evidence under the cross‑examination and draw such inference as it thinks fit under section 221(1)(a) or (b).