why, any particular defence or points of law (such as evidential admissibility or abuse of process) upon which he or she would rely. The defendant must also give a list of defence witnesses, along with their names and addresses. The police may then interview those witnesses, according to a code of practice issued by the Home Secretary. The Explanatory Notes make it clear the police interviewing of potential defence witnesses is one of the intents of the Act. The details of any defence expert witness instructed must also be given to the prosecution, whether or not they are then used in the case. However, no part of the Act explicitly amends the law on legal privilege, so the contents of any correspondence or expert report would remain confidential to the same extent as before. Co-defendants must now also disclose their defence statements to each other as well as to the prosecution. The duty to serve defence statements remains compulsory in the Crown Court and voluntary in magistrates' courts. Allocation and sending of offences The mode of trial provisions are amended to allow the court to be made aware of the defendant's previous convictions at the mode of trial stage (that is, when a magistrates' court decides whether certain offences are to be tried summarily before them or before a judge and jury at the Crown Court). The right to commit to the Crown Court for sentence (when a magistrates' court regards its own powers as insufficient) is abolished for cases when it has previously accepted jurisdiction. These provisions amend the previous position when a defendant whose bad prior record means that he is tried summarily and then sent elsewhere for sentence; the same type of court deals with both trial and sentence in ordinary cases. The provisions were introduced under section 41 and section 42 of Part 6 of the act. Prosecution appeals against case termination and evidence exclusion The prosecution are given, for the first time, the right to appeal decisions by judges in the Crown Court which either terminate the case or exclude evidence. The prosecution has historically had the right to appeal decisions in the magistrates' courts on grounds of error of law or unreasonableness, and the right under the Criminal Justice Act 1988 to appeal an "unduly lenient sentence". A "terminating ruling" is one which stops the case, or in the prosecution's view, so damages the