5Notice of tendency evidence

5 Notice of tendency evidence

5 Notice of tendency evidence

(1) A notice given under section 97(1)(a) of the Act (a notice of tendency evidence) must be given in accordance with the requirements of this clause.

(2) A notice of tendency evidence must state—

(a) the substance of the evidence to which the notice relates, and

(b) if that evidence consists of, or includes, evidence of the conduct of a person, particulars of—

(i) the date, time, place and circumstances at or in which the conduct occurred, and

(ii) the name of each person who saw, heard or otherwise perceived the conduct, and

(iii) in a civil proceeding—the address of each person so named, so far as it is known to the notifying party.

(3) 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 tendency evidence who saw, heard or otherwise perceived conduct or events referred to in the notice.

(4) The direction may be given on any terms that the court thinks fit.