PART 6

DISCLOSURE

Prosecutor’s duty to disclose information

Prosecutor’s duty to disclose information
121
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.