125—Failure to comply with disclosure requirements
(1) A superior court
determining proceedings for an indictable offence may refuse to admit evidence
in the proceedings that is sought to be adduced by a party who has failed to
comply with disclosure requirements applying to the evidence.
(2) A superior court
may grant an adjournment to a party to proceedings for an indictable offence
if—
(a)
another party seeks to adduce evidence in the proceedings and failed to comply
with disclosure requirements applying to the evidence; and
(b) the
evidence would prejudice the case of the party seeking the adjournment.
(3) If, in proceedings
for an indictable offence before a superior court—
(a) the
prosecution receives notice under section 124 of an intention to
introduce expert evidence after the time at which the defence case statement
was required to be given to the prosecution in accordance with
section 123; or
(b)
expert evidence that has not been previously disclosed to the prosecution is
admitted at the trial,
the court should, on application by the prosecution, grant an adjournment to
allow the prosecution a reasonable opportunity to obtain expert advice on the
proposed evidence unless there are good reasons to the contrary (and, if a
jury has been empanelled and the adjournment would, in the court's opinion,
adversely affect the course of the trial, the court may discharge the jury and
order that the trial be re-commenced).
(4) The regulations
may make provision for, or with respect to, the exercise of the powers of a
court under subsection (1) and (2) (including the circumstances in which
the powers may not be exercised).
(5) Without limiting
the regulations that may be made under subsection (4), the powers of a
court may not be exercised under subsection (1) to prevent a defendant
adducing evidence unless the prosecution has complied with the
disclosure requirements applying to the prosecution.
(6) If a defendant in
proceedings for an indictable offence in a superior court fails to comply with
disclosure requirements applying under section 124, the failure may be
made the subject of comment to the jury by the prosecutor or the judge (or
both).
(7) Except with the
permission of the court, evidence in rebuttal of an alibi must not be adduced
after the close of the case for the prosecution.
(8) Permission will be
granted under subsection (7) where the defendant gives or adduces
evidence of alibi that was not disclosed, or was not sufficiently disclosed,
in accordance with the disclosure requirements (but this section does not
limit the discretion of the court to grant such permission in any other case).
(9) In this
section—
"disclosure requirements", in relation to a party to proceedings, means a
requirement to disclose or otherwise provide information or material applying
to that party under section 123 or section 124.