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Contents » Chapter 5 - TRIAL ON INDICTMENT PART 5.1—INTRODUCTION » Division 2 - Pre-trial disclosure
Clause 185 Continuing obligation of disclosure
(1)This section applies to any information, document or thing that— and would have been required to be listed, or a copy of which would have been required to be served, in the hand-up brief.
(a)comes into the possession of the prosecution after an accused is committed for trial; or
(b)is in the possession of the prosecution when, or comes into the possession of the prosecution after, a direct indictment is filed against an accused—
See section 110 for the contents of a hand-up brief.
(2)Subject to subsection (4), the prosecution must serve on the accused a copy of the document or list as soon as practicable after— as the case requires.
(a)the information, document or thing comes into the possession of the prosecution; or
(3)If the information, document or thing cannot reasonably be copied, the prosecution must advise the accused of the existence of the information, document or thing and make it available for inspection at a time and place agreed between the accused and the prosecution.
(4)The prosecution need not provide any information, document or thing under this section if it has already been provided to the accused by the prosecution.
1Sections 188 requires the prosecution to serve a notice if additional evidence is to be given at trial.
2See section 363 as to the prosecution's general obligation of disclosure.