SQE Daily.

Defence statements in the magistrates' court: voluntary but not risk-free (CPIA 1996 ss.6 and 11)

Natalia Wiśniewska pleads not guilty in a magistrates' court in England to a charge of common assault, a summary offence, and her trial is fixed. The prosecution has complied with its initial duty of disclosure. Natalia asks her solicitor whether she has to give a defence statement.

What is the best advice to Natalia?

Choose one answer to see the reasoning.

  1. Criminal Practice · FLK2No. L089

    The prosecution's initial duty of disclosure of unused material (CPIA 1996 s.3)

    What must the prosecutor do with the passer-by's statement?

  2. Dispute Resolution · FLK1No. L119

    Conditions for pre-action disclosure (CPR 31.16)

    Which of the following must the court be satisfied of before it can order pre-action disclosure?

  3. Dispute Resolution · FLK1No. L120

    Litigation privilege: contemplated litigation and dominant purpose (SFO v ENRC; Three Rivers (No 6))

    Which of the following best describes whether the reports are protected by litigation privilege?