(2) The judge may order the prosecutor to amend a prosecution case statement from time to time if it appears to him to be appropriate having regard to the notice of objection (if any) served and delivered under subsection (1) and to any notice of additional evidence served on the accused by the prosecutor.
Admissibility of prosecution evidence. 15. (1) Where an order made under section 13(1) and any order made under section 14(2) have been complied with, the judge may order the accused to serve on the prosecutor and deliver to the court a notice stating any objection he has to the evidence contained in the documents served and delivered under section 13(1) being admitted at the trial after the jury has been empanelled.
(2) Where the prosecutor has served notice on the accused that he wishes to introduce further evidence at the trial and has served on the accused and delivered to the court a copy of such further evidence, the judge may order the accused to serve on the prosecutor and deliver to the court a notice stating any objection he has to such evidence being admitted at the trial after the jury has been empanelled.
(3) A notice of objection served and delivered under this section shall contain particulars of the evidence objected to and state the ground of the objection.
(4) The judge shall determine the admissibility of the evidence objected to, having regard to—
- (a) the documents served and delivered under section 13(1);
- (b) the documents served and delivered under subsection (2);
- (c) the notice of objection;
- (d) any evidence given on behalf of the prosecutor or accused; and
- (e) any representations made by the prosecutor and the accused.
(5) Where the admissibility of evidence contained in the documents served and delivered under section 13(1) or in respect of which a judge has made an order under subsection (2) which could have been objected to under subsection (1) or (2), is objected to after the jury is empanelled, the judge may (without prejudice to the general power to make an order as to the payment of costs under section 25) order the accused to pay to the prosecutor the additional costs properly incurred by the prosecutor as a consequence of the determination of the admissibility of that evidence after the jury is empanelled.
Defence response. 16. (1) Where all objections, notice of which is served and delivered under sections 14 and 15, have been dealt with, the judge may order the accused to serve on the prosecutor and deliver to the court—
- (a) a written statement (a “defence response”) indicating, with reference to the prosecution case statement, the facts and inferences on which he takes issue with the prosecution;
- (b) a written statement of all propositions of law in reply to any propositions of law stated by the prosecutor under section 13(1)(d); and
- (c) copies of the statements of any expert witnesses whom he intends to call at the trial after the jury has been empanelled.
