Commentary on Sections Part 6 - Disclosure Section 126 – Change in circumstances following lodging of defence statement: summary proceedings
602.This section provides a continuing duty upon the accused where a defence statement in a summary cases has been lodged at least 14 days before the trial diet. Under subsection (2) where there has been no material change in circumstances in respect of the accused’s defence since the statement was lodged a further statement must be lodged at least 7 days before the trial stating that fact. If such a material change has taken place a defence statement must be lodged to that effect before the trial diet begins unless on cause shown the court allows it to be lodged during the trial diet. The accused is required to send a copy of such statements to the prosecutor and any co-accused and subsection (6) provides the duties of the prosecutor upon receiving such a statement.