sec.498Notice of defence

### sec.498 Notice of defence If a person intends to rely on a defence under chapter 8 or section 493A (3) , the person must give written notice of the intention to the prosecutor— for a charge being prosecuted by way of summary proceeding under the Justices Act 1886 —at least 10 business days before the charge is heard; or for a charge being prosecuted on indictment—at least 5 business days before the charge is set down for hearing. If the person has not given the written notice under subsection (1) , the court may, on the application of the prosecution, make either or both of the following orders— an order to adjourn the hearing; an order that the person pay the prosecution the costs incurred by the prosecution because of the application for the adjournment. s 498 amd 2000 No. 64 s 35 ; 2002 No. 45 s 3 (2) sch ; 2007 No. 56 s 24 ; 2014 No. 59 s 101 (sec.498-ssec.1) If a person intends to rely on a defence under chapter 8 or section 493A (3) , the person must give written notice of the intention to the prosecutor— for a charge being prosecuted by way of summary proceeding under the Justices Act 1886 —at least 10 business days before the charge is heard; or for a charge being prosecuted on indictment—at least 5 business days before the charge is set down for hearing. (sec.498-ssec.2) If the person has not given the written notice under subsection (1) , the court may, on the application of the prosecution, make either or both of the following orders— an order to adjourn the hearing; an order that the person pay the prosecution the costs incurred by the prosecution because of the application for the adjournment. - (a) for a charge being prosecuted by way of summary proceeding under the Justices Act 1886 —at least 10 business days before the charge is heard; or - (b) for a charge being prosecuted on indictment—at least 5 business days before the charge is set down for hearing. - (a) an order to adjourn the hearing; - (b) an order that the person pay the prosecution the costs incurred by the prosecution because of the application for the adjournment.