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Section history

Section 166 — Time for service of other statements and exhibits

Consolidated view is experimental and may be broken for certain provisions.

Amendments
166.Time for service of other statements and exhibits

(1)Where the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks from the date of service, serve on the accusedafter the date on which the Case for the Defence is served, serve on the defence copies of —

(a)all other statementsevery other written statement given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial;

(aa)for every other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges that the prosecution intends to proceed with at the trial, a transcript (if any) of the audiovisual recording of that statement;

(b)the documentary exhibits referred to in section 162(d);each documentary exhibit mentioned in section 162(1)(d); and

(c)criminal records,records if(if any,any) of the accused, upon payment of the prescribed fee.

Subsection (2) — Original text to 17 September 2018superseded

(2)Where the Case for the Defence has not been served on the prosecution, the prosecution —

(a)need not serve on the defence any of the statements, exhibits or records referred to in subsection (1); and

(b)may use any such statements, exhibits or records at the trial.

Subsection (2) — From 17 September 2018 (current)rewritten by Criminal Justice Reform Act 2018

(2)Where the documents mentioned in subsection (1) have been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(aa) at a police station or at any other prescribed place.

(2A)Despite subsection (1), where any documentary exhibit mentioned in section 162(1)(d) consists of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman —

(a)the prosecution is not required to serve a copy of the documentary exhibit on the defence; but

(b)the prosecution must, if requested by the defence, arrange for the defence to view the documentary exhibit at a police station or a prescribed place.

(3)Where the Case for the Defence has not been served on the prosecution, the prosecution —

(a)need not serve on the defence any written statement, exhibit, transcript or record mentioned in subsection (1);

(b)need not arrange for the viewing mentioned in subsection (2) of the audiovisual recording of any statement mentioned in subsection (1)(aa); and

(ba)need not arrange for the viewing mentioned in subsection (2A)(b) of any documentary exhibit mentioned in subsection (2A); and

(c)may use any such statement, exhibit, transcript, record or audiovisual recording, audiovisual recording or documentary exhibit at the trial.

(4)Where the Case for the Defence has been served on the prosecution, the defence must, within 2 weeks after the date on which the Case for the Defence is served, serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 165(1)(c) and is in the possession, custody or power of the accused.

(5)The obligations of the prosecution under subsections (1) and (2)(1), (2) and (2A)(b) and the obligation of the defence under subsection (4) are independent of each other.