How do you structure the substance of the defence statement?
The substance should be structured section by section using the section references as headings.
E.g. “Section 6A(a)”
What must be included in a defence statement?
a) Nature of defence;
b) Issues of fact disputed and reasons for dispute;
c) Facts relied on for the defence case;
d) Points of law (e.g. admissibility/abuse of process) and authorities underpinning the legal arguments;
e) Particulars of any alibi which will be relied upon, including details of any witnesses proving an alibi, or any person who could possibly prove the alibi.
When is a defence statement required?
A defence statement is required in the Crown Court.
You must serve a Defence Statement to request specific disclosure.
What is required from the section under s6A(a)?
A brief overview of the defendant’s defence. What is the defendant arguing.
1 or 2 sentences.
What is required from the section under s6A(b)?
Go through each disputed fact which the prosecution/prosecution evidence puts forward.
“The defendant disputes that…”
What is required from the section under s6A(c)?
Set out the defendant’s version of events.
This is set out as a full narrative.
What is required from the section under s6A(d)?
Raise any specific legal defences/mechanisms you would like the court to apply.
E.g. Turnbull guidance to be given, exclusion of evidence under s78.
What is required from the section under s6A(e)?
Set out the key facts that support a defendant’s alibi where relevant.
E.g. Identity of alibi witness.
What are the formatting rules for a Defence Statement?
There are no specific formatting rules, other than structuring the statement using the subsections of s6A CPIA 1994 as headings.
