Service of prosecution case statement and other documents by prosecutor. 13. (1) After the indictment has been read over to the accused and the accused has been given the opportunity of pleading thereto under section 12, the judge may order the prosecutor to serve on the accused and deliver to the court the following documents—
- (a) a statement containing—
- (i) a concise account of the facts; and
- (ii) the inferences sought to be drawn from those facts, on which the prosecution case is based (a “prosecution case statement”);
- (b) copies of the statements of the witnesses (including expert witnesses) whom the prosecutor intends to call at the trial after the jury has been empanelled;
- (c) a list of exhibits, and copies of any documentary exhibits, that the prosecutor intends to have produced at the trial after the jury has been empanelled;
- (d) a statement of any proposition of law specifically applicable to the prosecution case on which the prosecutor proposes to rely; and
- (e) any other explanatory document the judge considers appropriate.
(2) The prosecutor may amend the prosecution case statement before the jury is empanelled—
- (a) without the leave of the judge, before the accused has served and delivered a defence response under section 16;
- (b) only with the leave of the judge, after the accused has served and delivered a defence response under section 16.
(3) The judge shall not grant leave under subsection (2) unless he is satisfied—
- (a) that the need for the amendment to the prosecution case statement arises from circumstances beyond the control of the prosecutor which could not have been foreseen at the time the original prosecution case statement was served and delivered; and
- (b) that it is in the interests of justice that such leave should be granted.
(4) Where an amendment is made under subsection (2) the prosecutor shall serve on the accused and deliver to the court a copy of the amended prosecution case statement.
(5) Where an amended prosecution case statement has been served and delivered under subsection (4) the accused may, with the leave of the judge, at the preparatory hearing withdraw any admission made by him under this Part before the service on him of the amended prosecution case statement.
(6) The judge may order the prosecutor to prepare explanatory material in such a form as appears to the judge to be likely to aid comprehension by the jury, and to deliver it to the court and serve it on the accused in that form.
