CRIMINAL PROCEDURE ACT 2004 - SECT 97

CRIMINAL PROCEDURE ACT 2004 - SECT 97

97 .         Non-disclosure, consequences of

        (1)         In this section, unless the contrary intention appears —

        disclosure requirement means a requirement imposed on a party by section 95 or 96 and any order made under section 138.

        (2)         If before or at a trial on indictment the court is satisfied that a party has not obeyed a disclosure requirement, the court, on the application of a party affected by the breach, may adjourn the trial for a period that allows enough time —

            (a)         if necessary, for the party in breach of the requirement to obey it; and

            (b)         for a party affected by the breach to investigate properly any evidence or other matter disclosed in accordance with the requirement and to obtain any evidence that may be necessary as a result of the disclosure,

                or, if the trial is a trial by jury, may discontinue the trial, discharge the jury from giving its verdict and adjourn the prosecution.

        (3)         On any resumption of a trial adjourned under subsection (2) a party affected by the breach —

            (a)         may require a person who has given evidence in the trial, including the accused, to be recalled as a witness; and

            (b)         may cross-examine or further cross-examine the person about the evidence or other matter disclosed in accordance with the disclosure requirement; and

            (c)         may adduce evidence in rebuttal of the evidence or other matter disclosed in accordance with the disclosure requirement.

        (4)         The failure by a party to obey a disclosure requirement may be the subject of adverse comment to the jury by the judge, the accused or the prosecutor.