释义 |
defence statement In criminal proceedings, a written statement setting out in general terms the nature of the accused’s defence. A defence statement must comply with the requirements set out in the Criminal Procedure and Investigations Act 1996. It should include any particular defences on which the accused intends to rely, indicate the matters of fact on which he takes issue with the prosecution, set out why he takes issue with the prosecution, and indicate any point of law (including any point as to the admissibility of the evidence) that he wishes to take. A defence statement must also give particulars of any alibi, including details of any alibi witness. If at trial the accused puts forward a defence different from that set out in the defence statement, the court or jury may draw such inferences as appear proper in deciding whether the accused is guilty of the offence concerned. In proceedings before the Crown Court the accused must serve a defence statement where the prosecutor has provided initial disclosure. In proceedings before the magistrates court the accused may choose to serve a defence statement. |