South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 123

123—Case statements

        (1)         Subject to section 122, where the Magistrates Court commits a defendant charged with an indictable offence to a superior court for trial, the prosecution—

            (a)         must present, or cause to be presented, an information against that person; and

            (b)         must, not less than 6 weeks before the date fixed for the defendant's arraignment in the superior court—

                  (i)         file in that court; and

                  (ii)         give to the defendant or a legal practitioner representing the defendant,

a prosecution case statement.

        (2)         A prosecution case statement must include (in accordance with prosecution duties of disclosure) the following:

            (a)         a summary of the alleged facts;

            (b)         a description of evidence that may be led by the prosecution in relation to each element of the offence;

            (c)         a list of the witnesses the prosecution intends to call at trial;

            (d)         details of each expert witness the prosecution intends to call at trial;

            (e)         details of any additional witness statement that the prosecution is aware will be obtained, but which has not yet been obtained;

            (f)         whether the prosecution intends to lead discreditable conduct evidence (within the meaning of section 34P of the Evidence Act 1929 ) that relies on a particular propensity or disposition of the defendant as circumstantial evidence of a fact in issue and, if so, details of that evidence;

            (g)         whether the prosecution intends to make any pre-trial applications under the Evidence Act 1929 and, if so, a copy of any such application;

            (h)         whether the trial is one that is to be given priority under section 50B of the District Court Act 1991 ;

                  (i)         an estimate of the length of the prosecution case;

            (j)         whether any interpreter will be required for the prosecution case (and if so, the language that the interpreter will be required to interpret).

        (3)         A defendant committed to a superior court for trial on a charge of an indictable offence must, not more than 4 weeks after being given the prosecution case statement

            (a)         file in that court; and

            (b)         give to the prosecution,

a defence case statement.

        (4)         A defence case statement must include the following:

            (a)         any facts of the offence set out in the prosecution case statement which the defendant admits in accordance with section 34 of the Evidence Act 1929 ;

            (b)         any elements of the offence set out in the prosecution case statement which the defendant admits in accordance with section 34 of the Evidence Act 1929 ;

            (c)         any witnesses the defendant asks the prosecution to call (being witnesses who have provided a statement but who are not included in the list of the witnesses the prosecution intends to call at trial contained in the prosecution case statement);

            (d)         whether the defendant consents to any of the prosecution applications included in the prosecution case statement;

            (e)         whether the defendant intends to introduce—

                  (i)         expert evidence; or

                  (ii)         evidence of alibi (within the meaning of section 124),

(in which case section 124 must also be complied with);

            (f)         whether the defendant intends to raise any of the following prior to commencement of the trial:

                  (i)         issues relating to joinder or severance;

                  (ii)         issues relating to cross-admissibility of evidence;

                  (iii)         challenges to the legality of any searches;

                  (iv)         challenges to the admissibility of any other prosecution evidence;

                  (v)         applications for stay of proceedings;

                  (vi)         issues relating to chain of evidence or continuity of custody of exhibits;

                  (vii)         any other points of law;

            (g)         whether the defendant agrees with the prosecution estimate of the length of the prosecution case and the defendant's estimate of the length of the trial;

            (h)         whether the defendant will apply for trial by judge alone;

                  (i)         whether the defendant requires any interpreter (and if so, the language that the interpreter will be required to interpret).

        (5)         A defence case statement must be in the form of a written statement verified by declaration (which may form part of the statement and must be signed by the defendant personally or be signed by a legal practitioner representing the defendant or, in the case of a body corporate, by a legal practitioner representing the body corporate) and complying with any other requirements prescribed by the regulations.

        (6)         The obligation to disclose information or material of a kind that is required to be included in a case statement under this section is ongoing until—

            (a)         the defendant is convicted or acquitted of the offence; or

            (b)         the prosecution is terminated.

        (7)         In accordance with subsection (6), if—

            (a)         any information or material included in a case statement by a party subsequently changes; or

            (b)         any information or material is obtained or anything else occurs after a case statement has been filed in a court by a party that would have been required to be included in that party's case statement if it had been obtained or had occurred before the case statement was so filed,

the information, material or occurrence is to be disclosed to the other party to the proceedings as soon as practicable.

        (8)         If subsection (7) applies to a defendant, the defendant may file and give to the prosecution an updated case statement that includes the information or material or that discloses the occurrence.

        (9)         The regulations may prescribe circumstances in which the prosecution will be required to file in the relevant superior court and give to the defendant or a legal practitioner representing the defendant a response to the defence case statement (or updated defence case statement) and may impose any requirements in relation to such response.

        (10)         For the purposes of this Act, any information or material provided by the prosecution to the defence before the prosecution case statement was filed in a court will be taken to form part of the prosecution case statement.

        (11)         Where proceedings have been instituted in a superior court by the Director of Public Prosecutions laying an information ex officio in accordance with section 103, this section and section 124 apply in relation to those proceedings with the modifications prescribed by the rules of the superior court.

        (12)         Where 2 or more defendants are jointly charged with an indictable offence, the prosecution and defence case statements required in relation to the trial of each defendant in a superior court must be given to each other defendant in accordance with any orders made by the superior court (whether on arraignment of the defendants or at any later time).

        (13)         A court may make orders modifying the application of any requirement under this section or section 124

            (a)         in relation to a defendant who is unrepresented; or

            (b)         in relation to any party to proceedings if the court is satisfied that the modification is necessary because of exceptional circumstances.



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