Criminal Procedure Act 2021

Amendment of section 23 of Act of 2010

17. Section 23 of the Act of 2010 is amended—

(a) in subsection (3)(a) —

(i) by the substitution, in subparagraph (i), of “subsection (1),” for “subsection (1), or”, and

(ii) by the insertion of the following subparagraph after subparagraph (i):

“(ia) during the course of a preliminary trial hearing within the meaning of the Criminal Procedure Act 2021 which was not appealed under section 7 of that Act, or”,


(b) by the substitution of the following subsection for subsection (14):

“(14) In this section—

‘compelling evidence’, in relation to a person, means evidence which—

(a) is reliable,

(b) is of significant probative value, and

(c) is such that, when taken together with—

(i) all the other evidence adduced in the proceedings concerned, and

(ii) to the extent that such evidence has not been adduced, the relevant evidence proposed to be adduced in the proceedings,

a jury might reasonably be satisfied beyond a reasonable doubt of the person’s guilt in respect of the offence concerned;

‘relevant evidence’, in relation to a person, means the proposed evidence—

(a) contained in such of the following as have been served on the person or his or her solicitor pursuant to section 4B or 4C of the Act of 1967:

(i) the documents specified in section 4B(1)(b) of that Act;

(ii) exhibits listed in the list of exhibits referred to in section 4B(1)(b)(vii) of that Act;

(iii) the documents specified in section 4C(1) of that Act;

(iv) the exhibits referred to in the list of exhibits referred to in section 4C(1)(g) of that Act,


(b) given in a videorecording of an interview made under section 16(1) of the Act of 1992, in relation to which the accused has been notified and given an opportunity of seeing the videorecording in accordance with section 15(1) of that Act.”.