36(1)A prosecutor who intends to give the evidence of a witness by way of a witness statement shall serve on the defendant, no later than twenty days before the date fixed for trial, a copy of the witness statement together with a notice in prescribed form of the prosecutor’s intention to give the evidence by way of a witness statement.

36(2)A defendant who intends to give the evidence of a witness by way of a witness statement shall serve on the prosecutor, no later than twenty days before the date fixed for trial, a copy of the witness statement together with a notice in prescribed form of the defendant’s intention to give the evidence by way of a witness statement.

36(3)The person on whom a witness statement is served shall, within ten days after being served, notify the person who served the witness statement if the attendance of the witness who has provided the witness statement will be required.

36(4)Notwithstanding that the attendance in court of a witness whose statement has been served has not been required under subsection (3), the person who served the witness statement may call that witness to give evidence in person.

36(5)Where a witness statement that identifies a defendant by name has been served and the attendance in court of the witness who has provided the statement has not been required under subsection (3), the defendant shall not dispute the identification made in the statement.

36(6)Where, in accordance with this section, evidence is given by way of a witness statement but the evidence at trial is such that it appears to the judge that the witness who provided the witness statement should appear in person to be examined or cross-examined or to give evidence in rebuttal, the judge may adjourn the trial and issue a summons to witness in prescribed form.

36(7)An adjournment under subsection (6) for the purpose of requiring a witness to attend may be made on the application of the prosecutor or the defendant or by the judge without an application.