(1)The judge may, on a motion of the prosecutor made after the close of the defence evidence and before the commencement of the speeches to the jury, permit the prosecutor to lead additional evidence for the purpose of—
(a)contradicting evidence, [F1given by any defence witness], which could not reasonably have been anticipated by the prosecutor; or
(b)providing such proof as is mentioned in section 147 of this Act.
(2)The judge may permit the additional evidence to be led notwithstanding that—
(a)a witness or production concerned is not included in any list lodged by the parties and that the notice required by sections 81 and 82(2) of this Act has not been given; or
(b)a witness must be recalled.
(3)The judge may when granting a motion in terms of this section, adjourn or postpone the trial before permitting the additional evidence to be led.
Textual Amendments
F1Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 37