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.