§ Mr. BerminghamTo ask the Attorney-General whether his guidelines as to the disclosure of unused material or potential witnesses apply in summary cases and those indictable offences that are to be tried summarily.
Mr. Attorney-GeneralNo; the guidelines apply only to cases to be tried on indictment.
However, in any case, whether tried on indictment or summarily, if the prosecution have taken a statement from a person whom they know can give material evidence but decide not to call him as a witness, they are under a duty to make that person available to the defence and should supply the defence with the witness's name and address.