134—Power to require notice of intention to adduce certain kinds of
evidence
(1) A court before
which a defendant is to be tried on information may, on application by the
prosecutor, require the defence to give the prosecution written notice of an
intention to introduce evidence of any of the following kinds:
(a)
evidence tending to establish that the defendant was mentally incompetent to
commit the alleged offence or is mentally unfit to stand trial;
(b)
evidence tending to establish that the defendant acted for a defensive
purpose;
(c)
evidence of provocation;
(d)
evidence of automatism;
(e)
evidence tending to establish that the circumstances of the alleged offence
occurred by accident;
(f)
evidence of necessity or duress;
(g)
evidence tending to establish a claim of right;
(h)
evidence of intoxication.
(2) Before making an
order under this section, the court must satisfy itself that—
(a) the
prosecution has provided the defence with the prosecution case statement in
accordance with section 123; and
(b) the
prosecution has no existing, but unfulfilled, obligations of disclosure to the
defence.
(3) Non-compliance
with a requirement under subsection (1) does not render evidence
inadmissible but the prosecutor or the judge (or both) may comment on the
non-compliance to the jury.
(4) A court before
which a defendant is to be tried on information may require the defence to
notify the prosecutor, in writing, whether the defendant consents to
dispensing with the calling of prosecution witnesses proposed to be called to
establish the admissibility of specified intended evidence of any of the
following kinds:
(a)
documentary, audio, visual, or audiovisual evidence of surveillance or
interview;
(b)
other documentary, audio, visual or audiovisual evidence;
(c)
exhibits.
(5) If the defence
fails to comply with a notice under subsection (4), the defendant's
consent to the tender of the relevant evidence for purposes specified in the
notice will be conclusively presumed.