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Judicature and Application of Laws (Defence Entitlement to Prosecution Evidence) Rules, 2025

Government Notice 597 of 2025

Judicature and Application of Laws (Defence Entitlement to Prosecution Evidence) Rules, 2025
Citation
Government Notice 597 of 2025
Primary work
Judicature and Application of Laws Act
Date
3 October 2025
Language
English
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Judicature and Application of Laws Act

Judicature and Application of Laws (Defence Entitlement to Prosecution Evidence) Rules, 2025

Government Notice 597 of 2025

[Made under section 4]

1. Citation

These Rules may be cited as the Judicature and Application of Laws (Defence Entitlement to Prosecution Evidence) Rules, 2025.

2. Application

These Rules shall apply to criminal proceedings in subordinate courts.

3. Interpretation

In these Rules, unless the context otherwise requires—“criminal proceedings” means proceedings of a criminal nature, including proceedings involving an offence under the Economic and Organised Crime Control Act which, by a certificate issued by the Director of Public Prosecutions or any state attorney duly authorised by him, jurisdiction has been conferred on the subordinate court; and[ Cap. 200 ]“subordinate court” means any court, other than a primary court or a court martial, which is subordinate to the High Court.

4. Defence entitlement to prosecution evidence

(1)A person charged before a subordinate court shall, before the preliminary hearing, be entitled to receive copies of statements of all persons intended to be called as witnesses and copies of all documents intended to be produced at the trial subject to the provisions of these Rules.
(2)Where an accused person is charged with an offence triable by a subordinate court which, under the provisions of section 134 of the Criminal Procedure Act, may be instituted only after completion of investigation, the prosecution shall file, along with the charge sheet, copies of statements of all persons intended to be called as witnesses and copies of all documents intended to be produced at the trial, and the court shall cause the copies to be supplied to the accused person or his advocate before plea taking.[Cap. 20]
(3)Where an accused person is charged with an offence triable by a subordinate court which, under the provisions of section 134 of the Criminal Procedure Act, may be instituted before completion of investigation, the prosecution shall, at least four clear days before the date fixed for the preliminary hearing, file in court copies of statements of all persons intended to be called as witnesses and copies of all documents intended to be produced at the trial and the court shall cause the copies to be supplied to the accused person or his advocate before the date for the preliminary hearing.[Cap. 20]
(4)At the conclusion of the preliminary hearing, the prosecution shall state the names of all persons intended to be called as witnesses and all exhibits intended to be produced at the trial.

5. Additional witnesses and exhibits for prosecution

(1)In any criminal proceedings—
(a)a person whose statement was not given to the accused person or whose name was not listed shall not be called by the prosecution to testify at the trial; or
(b)a statement or any other document whose copy was not given to the accused person, or an object which was not listed shall not be produced at the trial,
unless the prosecution has given a reasonable notice in writing to the court and a copy to the accused person or his advocate, of the intention to call such a witness or produce such statement, document or object.
(2)The notice under this rule shall state—
(a)the name and address of the intended witness and the substance of his evidence; and
(b)in case of a document or object, the description of the document or object intended to be produced in evidence, and the purpose for which it is intended to be produced in evidence.
(3)The court shall determine what constitutes reasonable notice, taking into account the time when and the circumstances under which the prosecution became aware of such evidence and determined to produce it:Provided that, notice shall not be required if the prosecution first became aware of the evidence which the witness would give on the date on which he is called.
(4)For the purpose of this rule, “substance of evidence” includes substance contained in a document, record or any other tangible object.

History of this document

03 October 2025 this version
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