Rule 24.13 Provision of documents for the courtI1

England and Wales

(1)

A party who introduces a document in evidence, or who otherwise uses a document in presenting that party’s case, must provide a copy for—

(a)

each other party;

(b)

any witness that party wants to refer to that document;

(c)

the court; and

(d)

the justices’ legal adviser.

(2)

Unless the court otherwise directs, on application or on its own initiative, the court officer must provide for the court—

(a)

any copy received under paragraph (1) before the hearing begins; and

(b)

a copy of the court officer’s record of—

(i)

information supplied by each party for the purposes of case management, including any revision of information previously supplied,

(ii)

each pre-trial direction for the management of the case,

(iii)

any pre-trial decision to admit evidence,

(iv)

any pre-trial direction about the giving of evidence, and

(v)

any admission to which rule 24.6 applies.

(3)

Where rule 24.8 (Written guilty plea: special rules) applies, the court officer must provide for the court—

(a)

each document served by the prosecutor under rule 24.8(1)(d);

(b)

the defendant’s driving record, where the offence is under the Road Traffic Regulation Act 1984^f1, the Road Traffic Act 1988^f2, the Road Traffic (Consequential Provisions) Act 1988^f3 or the Road Traffic (Driver Licensing and Information Systems) Act 1989^f4;

(c)

any other information about the defendant, relevant to sentence, of which the prosecutor served notice under rule 24.8(1); and

(d)

the notice of guilty plea and any representations and other information served by the defendant under rule 24.8(4).

(4)

Where the court tries a case under rule 24.9 (Single justice procedure: special rules), the court officer must provide for the court—

(a)

each document served by the prosecutor under rule 24.9(1)(d);

(b)

the defendant’s driving record, where the offence is under the Road Traffic Regulation Act 1984, the Road Traffic Act 1988, the Road Traffic (Consequential Provisions) Act 1988 or the Road Traffic (Driver Licensing and Information Systems) Act 1989;

(c)

any other information about the defendant, relevant to sentence, of which the prosecutor served notice under rule 24.9(1); and

(d)

any notice, representations and other information served by the defendant under rule 24.9(4)(b).

[Note. A written witness statement to which Part 16 applies may only be introduced in evidence if there has been no objection within the time limit to which rule 16.4 refers.

An expert report to which Part 19 applies may only be introduced in evidence if it has been served in accordance with rule 19.3.

See also rule 20.3 for the procedure where a party objects to the introduction of hearsay evidence, including such evidence in a document, and rules 21.3 and 21.4 for the procedure where a party objects to the introduction of evidence of bad character.

A direction about the giving of evidence may be made on an application to which Part 18 applies (Measures to assist a witness or defendant to give evidence).]

Rule 24.13 Provision of documents for the courtI1

Annotations

Commencement

Footnotes