As from 1st May 2010 a new, and potentially controversial, obligation has been placed upon Defendants in criminal proceedings.
The effect of this new rule is to require any Defendant who has pleaded not guilty to serve a defence witness notice with fourteen days of initial disclosure giving full names, dates of birth and addresses of defence witnesses.
Failure to comply with this obligation may result in adverse comment by the Court or Prosecutor and is something which the Defendant should discuss carefully with the Defence Team.
Lawyers will wish to consider carefully whether to comply with this obligation, the only sanction for breach is potential adverse inference at Trial and the risk of this may be preferable to serving a Witness notice.
