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allows the prosecution to withhold material on specified grounds, including (by reference to clause 45) any grounds on which objection could be taken to material required by a witness summons. Clause 363 saves any other grounds on which material can be legally withheld. Clause 111 sets out the informant's continuing obligation of disclosure regarding material that comes into their possession or to their notice after service of the hand-up brief, which would have been required to be served in the hand-up brief. Subclause (2) requires the informant to serve on the accused a copy of the document or list, file a copy with the registrar and, if the DPP is conducting the committal proceeding, forward another copy to the DPP. The informant must do so as soon as practicable after the document or material comes into their possession or to their notice. The clause does not apply to a plea brief. Clause 112 sets out the rules relating to statements which the prosecution intends to tender in a committal proceeding. The clause requires that statements be—
in the form of an affidavit; or
signed by the person making the statement with an appropriately witnessed acknowledgement that the statement is true, correct and made with awareness of the penalties of perjury; or
in a form, and attested to in a manner, prescribed by the rules of court.
Subclauses (2) and (3) set out special requirements for statements made by persons under 18 years and those who cannot read. Subclause (4) provides that anyone who acknowledges a statement they know to be false is liable to the penalties for perjury. Clause 113 sets out the rules in relation to recordings. The clause provides that transcripts of audio or video recordings of examinations (under clause 106, being the compulsory examination procedure) or of the evidence-in-chief of a witness (under section 37B of the Evidence Act 1958) must be accompanied by an affidavit sworn by the person who asked the questions or made the recording attesting to the accuracy of the recording. Subclause (2) provides that a person who knowingly and falsely acknowledges the contents of a recording may be dealt with as if the material had been given as evidence in court. Clause 114 provides that the informant must not disclose the address or telephone number of any person in the material provided to the accused under this Division unless the Magistrates' Court permits or the informant believes that the material either does not identify such information as particular to any person or is relevant to the offence charged and is not likely to present a risk to the welfare or physical safety of a person. The informant may delete or render illegible the relevant information before serving the material on the accused. Under subclause (3), the court may permit disclosure if the address or telephone number is relevant to the offence charged and either—
disclosure is not likely to pose a reasonably ascertainable risk to the safety of the witness; or
the interests of justice outweigh any reasonably ascertainable risk.
In considering whether it is in the interests of justice the court must weigh the right to privacy of the witness against the right of the accused to prepare properly for their hearing. The new balancing exercise the court is required to undertake recognises the right of a person to their privacy and reputation as found in section 13 of the Charter of Human Rights and Responsibilities. Clause 115 enables the accused to inspect the exhibits at a time and place agreed to by the parties. Clause 116 provides that if the accused or a legal practitioner representing the accused gives written consent, the informant may serve the accused with a plea brief that complies with clause 117 any time before a hand-up brief is served. The clause sets out relevant service and filing requirements for the plea brief. The time period for service has been changed from 5 to 7 days because, in practice, most periods are calculated from a day which will have been a court day, and thus ordinarily a weekday. Accordingly, most time periods in the Bill calculated in days are expressed as multiples of seven. Clause 117 sets out information that must be included in the plea brief. The plea brief must include a copy of any statement from an alleged victim concerning the circumstances of the offence which would be admissible in evidence and is in the possession of the informant. The informant may also include in the plea brief any other statement relevant to the charge and a copy of the record of interview. The clause provides that clause 112 (Rules with respect to statements) and clause 114 (Disclosure of addresses or telephone number of witness) apply to statements included in a plea brief. The plea brief provides a mechanism by which the informant does not need to prepare a full hand-up brief where early discussions between the prosecution and the accused have resolved that the accused will plead guilty to a charge or charges.