Victorian Consolidated Legislation

Crimes (Criminal Trials) Act 1999 - SECT 7

Defence response to summary of prosecution opening and notice of pre-trial admissions

7. Defence response to summary of prosecution opening and notice of pre-trial
admissions



(1) The accused must, after having been served with a copy of the documents
referred to in section 6, not less than 14 days before the day on which the
trial is due to commence serve on the prosecution and file in court a copy of-

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

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

(2) The defence response to the summary of the prosecution opening must
identify the acts, facts, matters and circumstances with which issue is taken
and the basis on which issue is taken.

(3) The defence response to the notice of pre-trial admissions must indicate
what evidence, as set out in the notice of pre-trial admissions, is agreed to
be admitted as evidence without further proof and what evidence is in issue
and, if issue is taken, the basis on which issue is taken.

(4) Despite subsections (2) and (3), the accused is not required to state-

   (a)  the identity of any defence witness other than an expert witness; or

   (b)  whether the accused will give evidence.