PART 6DISCLOSURE

Prosecutor's duty to disclose information

I1121Prosecutor's duty to disclose information

1

This section applies where in a prosecution—

a

an accused appears for the first time on petition,

b

an accused appears for the first time on indictment (not having appeared on petition in relation to the same matter), or

c

a plea of not guilty is recorded against an accused charged on summary complaint.

2

As soon as practicable after the appearance or the recording of the plea, the prosecutor must—

a

review all the information that may be relevant to the case for or against the accused of which the prosecutor is aware, and

b

disclose to the accused the information to which subsection (3) applies.

3

This subsection applies to information if—

a

the information would materially weaken or undermine the evidence that is likely to be led by the prosecutor in the proceedings against the accused,

b

the information would materially strengthen the accused's case, or

c

the information is likely to form part of the evidence to be led by the prosecutor in the proceedings against the accused.