4Notice of previous representation

#### 4 Notice of previous representation 4 Notice of previous representation > > (1) A notice given under section 67(1) of the Act (a notice of previous representation) must be given in accordance with the requirements of this clause. > > > (2) A notice of previous representation must state— > > > > > (a) subject to subclause (6), the substance of evidence of a previous representation that the notifying party intends to adduce, and > > > > > (b) the substance of all other relevant representations made by the person who made that previous representation, so far as they are known to the notifying party, and > > > > > (c) particulars of— > > > > > > > (i) the date, time, place and circumstances at or in which each of the representations mentioned in paragraph (a) or (b) was made, and > > > > > > > (ii) the names of the persons by whom, and the persons to whom, each of those representations was made, and > > > > > > > (iii) in a civil proceeding—the address of each person so named, so far as it is known to the notifying party. > > > (3) If a notifying party intends to rely on any of sections 63(2)(a) or (b) or 65(2)(a), (b), (c) or (d), (3)(a) or (b) or (8)(a) or (b) of the Act, the party’s notice of previous representation must state particulars of the facts that the party will rely on to establish that a person who made a representation referred to in the notice is not available to testify. > > > (4) If a notifying party intends to rely on section 64(2)(a) or (b) of the Act, the party’s notice of previous representation must state particulars of the facts that the party will rely on to establish the grounds specified in section 64(2) of the Act. > > > (5) If a notice of previous representation refers to a previous representation that is in writing— > > > > > (a) a copy of the document, or of the relevant portion of the document, containing the representation must be attached to the notice, and > > > > > (b) the notice must identify the document unless— > > > > > > > (i) a copy of the document is attached to the notice, and > > > > > > > (ii) the identity of the document is apparent on the face of the copy. > > > (6) If a copy of a document, or of a portion of a document, is attached to a notice of previous representation, it is a sufficient compliance for the purposes of subclause (2)(a) to specify in the notice, or in the copy of a document or portion of a document attached to the notice, the representation referred to in the notice. > > > (7) On the application of a party in a criminal proceeding, the court may make an order directing a notifying party to disclose the address of any person named by that party in a notice of previous representation— > > > > > (a) who made a representation referred to in the notice, or > > > > > (b) to whom the representation was made. > > > (8) The direction may be given on any terms that the court thinks fit.