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Evidence - Notice of Further Evidence

Updated - 13/11/07

Principle

All evidence which the prosecution intend to rely on at trial should be included in the committal bundle. Where cases are "sent" to the Crown Court under Section 51, Crime and Disorder Act, 1998, all available evidence on which the prosecution intend to rely must be served as part of the "service of the prosecution case".

It may sometimes be necessary to serve supporting evidence that becomes available after committal, or the service of the prosecution case, by Notice of Further Evidence.

Provided this is done in the proscribed form, witnesses whose statements do not form part of the committal bundle (or the prosecution case as served in section 51 cases) but which have been served as additional evidence may still be called at a Crown Court trial by the prosecution.

Note: Counts in the Indictments must be based on the evidence tendered at committal or served as part of the prosecution case in a section 51 proceedings. Counts cannot be based solely on evidence served with a Notice of Further Evidence.

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Guidance

General useful guidance is contained in Crown Court Case preparation, elsewhere in this guidance.

Notice of intention to adduce evidence which did not form part of the committal bundle or the prosecution case, should be served upon the relevant Crown court, defence solicitors, or the defendant if he/she is unrepresented. Notices should include copies of the evidence which it is proposed should be given (usually in the form of witness statements)

Failure to serve notice or late service of such a notice may result in:

  • the evidence not being admitted; or
  • an adjournment; and / or
  • adverse judicial comment; and
  • a wasted costs order.

Statements of evidence on which the prosecution does not intend to rely, (or on which a final decision has yet to be made) should be placed in an "unused bundle". This should be served upon the defence see Crown Court Case Preparation, elsewhere in this guidance

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Procedure

The form of notice to be used where witness statements are available is on the CPS Infonet.

Statements in proper form which it is hoped will be agreed and read at the trial should be listed under heading: "Tendered Section 9 of the Criminal Justice Act 1967".

When completing the Notice of Further Evidence:

  • insert the name of the witnesses whose statements are being served in the appropriate column in the notice;
  • the notice should include copies of all documentary exhibits produced under the statement to be served by way of further evidence;
  • paginate the typed copes of witness statements and exhibits, so that the numbering will continue on from the witness statements and documentary exhibits included in the committal bundle;
  • serve the Notice of Further Evidence and the typed copy witness statements and copy exhibits on:
  • the Crown Court
  • the solicitors representing the defendant; or the defendant if unrepresented;
  • advise the police that service of further evidence has taken place, and, if necessary, that they should warn the additional witnesses to attend the trial. Police should also obtain the additional witnesses' availability dates, where not already known;
  • send a copy of the Notice of Further Evidence and the typed copy witness statements and copy exhibits to the trial advocate.

If the defendant's legal representative (or the defendant in person) reject a statement served under Section 9 of the Criminal Justice Act 1967 then inform the prosecution trial advocate, and notify the police that the witnesses must be warned to attend the trial.

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