Introduction of evidence not previously disclosed
233 Introduction of evidence not previously disclosed
If the trial judge gives leave to do so, the prosecutor or the accused may introduce at the trial evidence which was not disclosed in accordance with Part 5.5 and which represents—
in the case of the prosecutor, a substantial departure from the summary of the prosecution opening, if any, as served on the accused and filed in court; or
in the case of the accused, a substantial departure from—
the response of the accused to the summary of the prosecution opening; or
the response of the accused to the notice of pre-trial admissions—
if any, as served on the prosecution and filed in court.
If, after the close of the prosecution case, the accused gives evidence which could not reasonably have been foreseen by the prosecution having regard to—
the response of the accused to the summary of the prosecution opening; and
the response of the accused to the notice of pre-trial admissions—
as served on the prosecution and filed in court, the trial judge may allow the prosecutor to call evidence in reply.
Nothing in this section limits any other power of the trial judge to allow the prosecutor to call evidence after the prosecutor has closed the prosecution case.
This Act’s bill:Explanatory memorandumSecond reading speech
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