23CFAccused’s response

23CF Accused’s response

(1) The notice of the accused’s response to the notice of the prosecution’s case must include the following: (a) a statement setting out, for each fact set out in the notice of the prosecution’s case: (i) that the accused agrees that the fact is to be an agreed fact for the purposes of section 191 of the Evidence Act 1995 at the trial; or (ii) that the accused takes issue with the fact; and, if the accused takes issue with the fact, the general basis for taking issue; (b) a statement setting out, for each matter and circumstance set out in the notice of the prosecution’s case: (i) whether the accused takes issue with the matter or circumstance; and (ii) if the accused does take issue—the general basis for taking issue; (c) notice as to whether any statement by a person given under subparagraph 23CE(b)(i) can be tendered at the trial without the person being called as a witness at the trial; (d) notice as to whether the accused requires the prosecutor to call witnesses to corroborate any specified surveillance evidence that was notified to the accused by the prosecutor under section 23CE; (e) notice as to whether the accused requires the prosecutor to prove: (i) the continuity of handling of any specified exhibits; or (ii) the accuracy of any specified exhibits that are transcripts, summaries or charts; that were notified to the accused by the prosecutor under section 23CE; (f) in relation to each report given under paragraph 23CE(f), notice as to: (i) whether the accused accepts or contests the opinions expressed in the report; and (ii) whether the report can be tendered at trial without the expert being called as a witness at the trial; (g) any consent that the accused gives under section 190 of the Evidence Act 1995 in relation to: (i) any evidence notified under section 23CE as evidence proposed to be adduced by the prosecutor; or (ii) any other evidence relating to the trial; (h) any consent that the accused gives under section 184 of the Evidence Act 1995 in relation to the trial; (k) a copy of any report, relevant to the trial, that has been prepared by an expert witness whom the accused proposes to call at the trial; and may include other matters. (2) Paragraph (1)(a) and subparagraph (1)(b)(ii) do not require the accused to disclose details of the accused’s proposed defence.