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There is recent news of what many will regard as a serious erosion of our liberties with the announcement that it is the Government’s intention to bring into force on the 1^st May 2010 Section 34 of the Criminal Justice Act 2003 which inserts a new Section 6C into the Criminal Procedure and Investigations Act 1996.

Section 6C creates a requirement for the Defendant to disclose in advance the name, address and date of birth of any witness he intends to call at trial.

The CPIA 1996 (Notification of Intention to Call Defence Witnesses) (Time Limits) Regulations 2010 (S.I. 214 of 2010) will bring into force on the 1^st May 2010 regulations changing the relevant period for the purposes of Section 6C (period within which the accused in criminal proceedings must give notice of his intention to call any person, other than him or herself, as a witness at trial). By regulation 2 the “relevant period” begins on the day the Prosecutor complies with the initial duty of disclosure and expires 14 days from that day subject to regulations 3 and 4. Regulation 3 provides for the extension of the relevant period (for any period), on application by the accused, if the Court is satisfied that the accused could not reasonably have given notification within the relevant period. Regulation 4 provides for the effect of weekends and holidays on the relevant period. A separate order will bring into force on the 1^st May 2010 a code of practice for arranging and conducting interviews of witnesses notified by the accused.

When the CPIA 1996 introduced Defence Statements, members of our Criminal Team tended to advise that in most cases details in a statement should be kept to a minimum.

However, with the effects and judicial interpretation of statutory provisions such as Sections 34 to 37 of the Criminal Justice and Public Order Act 1994 (inferences to be drawn from silence, failure to testify and the non-production of evidence etc), it has become clear to us that a well drafted Defence Statement is not only essential if a Defendant is to be represented properly but a detailed Defence Statement can actually be used to turn a case to a Defendant’s advantage particularly in relation to disclosure issues.

Accordingly, we feel that it may be of assistance not only to draw your attention to the proposed introduction of Section 6C but also to emphasise what we perceive as the fundamental importance of ensuring that Defence Statements are drafted to the highest possible standard.

As ever members of our Criminal Team are always available to assist with any drafting requirements.

Eric A Elliott QC