11Counsel to assist in identification of matters in issue

11 Counsel to assist in identification of matters in issue

After the close of all evidence and before the closing address of the prosecution—

(a) the prosecution must inform the trial judge whether it considers that the following matters are open on the evidence and, if so, whether it relies on them—

(i) any alternative offence, including an element of any alternative offence;

(ii) any alternative basis of complicity in the commission of the offence charged and any alternative offence; and

(b) defence counsel must then inform the trial judge whether he or she considers that the following matters are or are not in issue—

(i) each element of the offence charged;

(ii) any defence;

(iii) any alternative offence, including an element of any alternative offence;

(iv) any alternative basis of complicity in the commission of the offence charged and any alternative offence.