Victorian Consolidated Legislation

Crimes (Criminal Trials) Act 1999 - SECT 15

Evidence at trial

15. Evidence at trial



(1) With the leave of the court, the prosecutor or the defence may introduce
evidence at the trial before the jury which was not disclosed in accordance
with Part 3 and which represents-



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   (b)  in the case of the prosecutor, a substantial departure from-

   (i)  the summary of the prosecution opening; or

   (ii) the notice of pre-trial admissions- as served on the accused and filed
        in court; or

   (c)  in the case of the accused, a substantial departure from-

   (i)  the defence response to the summary of the prosecution opening; or

   (ii) the defence response to the notice of pre-trial admissions- as served
        on the prosecution and filed in court.

(2) The trial judge may allow the prosecutor after he or she has closed his or
her case to call evidence in reply to evidence given by the defence which
could not reasonably have been foreseen by the prosecution having regard to-

   (a)  the defence response to the summary of the prosecution opening; and



   (b)  the defence response to the notice of pre-trial admissions-

as served on the prosecution and filed in court.

(3) Nothing in this section limits any other power of the trial judge to allow
the prosecutor to call evidence after he or she has closed his or her case.