Commentary on Sections Part 5: Disclosure Section 39: Faults in defence disclosure
214.This Section substitutes a new section 11 for existing section 11 of the 1996 Act. The new section 11 extends the existing list of defence disclosure failures and removes the leave requirement for making comment in respect of some of these.
215.New section 11 provides that a court or jury may draw inferences from certain faults in relation to disclosure by the accused in deciding whether he is guilty.
216.Subsection (1) of section 11 provides that this section applies in three sets of circumstances, as set out in subsections (2), (3) and (4).
217.Subsection (6) provides that in the case of a failure to mention a point of law in a defence statement, comment by another party may only be made with the leave of court.
218.Subsection (7) provides that in the case of failures in relation to witness lists, comment by another party may only be made with the leave of the court.
219.Subsection (10) provides that a person cannot be convicted solely on an inference under this section.