Adjournment, or discharge of jury and postponement, of trial

If the court is of opinion that the accused person is taken by surprise, in a manner likely to be prejudicial to his defence, by the production on behalf of the Crown of a witness who has not made any deposition, and of the intention to produce whom the accused has not had sufficient notice, or if the court is of opinion that the Crown is entitled to produce rebutting evidence, the court may, on the application of the accused person, or of the Director of Public Prosecutions, as the case may be, adjourn the further trial of the and 76 cause, or discharge the jury from giving a verdict and postpone the