Michael McDowell (Dublin South East, Progressive Democrats)

The term "book of evidence" is a term of lawyers and, as far as I know, is not used in any statute. Under the Criminal Procedure Act 1967, the statements of witnesses, a list of exhibits and the names and addresses of witnesses have always been called the book of evidence by lawyers. Notices of additional evidence were regarded as a separate item. Frequently, where the prosecution knew further evidence was coming but knew it had a prima facie case already, the fact that it would have to delay for one reason or another did not inhibit it from sending the accused forward for trial and serving a notice of additional evidence at a later stage. Provided it was not done by way of a last minute ambush the Judiciary, given fair notice of further evidence to be adduced, normally agreed. In the UK they are beginning to explore the idea of requiring the accused to make his case, given that he now has legal aid.

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