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Clause 185

provides for a continuing disclosure obligation on the prosecution pre-trial that is linked to the disclosure requirements in committal proceedings. It reflects existing disclosure obligations at common law arising from the prosecutor's duty of fairness and applies if there has been a committal for trial or a direct indictment. The obligation applies only to material that would have been required to be included in a hand-up brief in a committal proceeding (see clause 110 for contents of a hand-up brief), unless it has already been disclosed. If the material cannot reasonably be copied, the DPP must advise of its existence and make it available to be inspected. Clause 363 also saves existing grounds on which the prosecution may refuse disclosure and clause 181(2)(i) allows a court to resolve disputes about disclosure at a directions hearing.