Criminal Justice Act 2003, section 34

Notification of intention to call defence witnesses

Part 5 Disclosure

After section 6B of the 1996 Act (inserted by section 33 above) there is inserted—

“6C Notification of intention to call defence witnesses

(1)The accused must give to the court and the prosecutor a notice indicating whether he intends to call any persons (other than himself) as witnesses at his trial and, if so—

(a)giving the name, address and date of birth of each such proposed witness, or as many of those details as are known to the accused when the notice is given;

(b)providing any information in the accused’s possession which might be of material assistance in identifying or finding any such proposed witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the notice is given.

(2)Details do not have to be given under this section to the extent that they have already been given under section 6A(2).

(3)The accused must give a notice under this section during the period which, by virtue of section 12, is the relevant period for this section.

(4)If, following the giving of a notice under this section, the accused—

(a)decides to call a person (other than himself) who is not included in the notice as a proposed witness, or decides not to call a person who is so included, or

(b)discovers any information which, under subsection (1), he would have had to include in the notice if he had been aware of it when giving the notice,

he must give an appropriately amended notice to the court and the prosecutor.”

Cases considering section 34 3

Barclays Bank PLC v Scott Dylan & Ors

[2024] EWHC 1994 (Ch) · 31 July 2024Disapplies

The court noted that section 34 did not apply to the contempt proceedings, while accepting that comparable adverse inferences could nevertheless be drawn where appropriate in a criminal case. (see para [13])

Masri v Consolidated Contractors International Company SAL & Ors

[2011] EWHC 1024 (Comm) · 5 May 2011

The court adopted the accepted position that this provision did not apply to the contempt application. Adverse inferences were instead considered by analogy with criminal proceedings, subject to a sufficiently compelling case calling for an answer (see paras [146]–[149]).

Kelly, R (on the application of) v Warley Magistrates Court & Anor

[2007] EWHC 1836 (Admin) · 31 July 2007

Identifies the provision which inserted the prospective witness-notice regime into the 1996 Act. Its commencement status formed part of the context for the disputed direction (see para [2]).

What each judgment says about section 34 is in the case-law panel in the full Act.

Explanatory note

192.This Section inserts a new section 6C in the 1996 Act which imposes a new requirement on the accused to serve, before the trial, a notice giving details of any witnesses he intends to call to give evidence at his trial. Details of the witnesses' name, address and date of birth must be given to the court and the prosecutor within a time limit specified in regulations made under section 12 of the 1996 Act. If the address is not known, the accused must provide any information that might assist in identifying or finding the witness. The Section does not require the accused to provide advance notice that he personally intends, or does not intend, to give evidence at the trial.

193.Subsection (2) of the new section 6C provides that if details of any alibi witnesses have already been provided as part of the defence statement in accordance with new section 6A(2), further details do not have to given under this provision.

194.Subsection (4) of the new section 6C requires the accused to give an amended notice if he subsequently decide to call a witness who is not in the notice, decides not to call someone who is on the list or discovers any information on the whereabouts of the witness.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I19S. 34 partly in force; s. 34 not in force at Royal Assent see s. 336(3); s. 34 in force for E.W. at 1.5.2010 by S.I. 2010/1183, art. 3 (with art. 4)