 Historically precognitions were not only a distinctive feature of Scottish criminal procedure, but vital to the defence.Before the passage of the Criminal Justice and Licensing (Scotland) Act 2010 there was limited disclosure by the prosecution to the defence.Section 121 of 2010 Act required the prosecutor to disclose all information that would "materially weaken or undermine the evidence... by the prosecution", "materially strengthen the accused's case", or "form part of the evidence to be by the prosecutor".