76BPre-trial disclosure of relevant material by prosecutor

76B Pre-trial disclosure of relevant material by prosecutor (1) The prosecutor in a criminal proceeding must give the following to an accused person: (a) a copy of, or a written notice about the right to inspect, any information, document or other thing that— (i) was provided to the prosecutor by a police officer or other person responsible for investigating the offence, or is otherwise in the possession or control of the prosecutor; and (ii) would reasonably be regarded as relevant to either the prosecution case or the defence case; and (iii) has not otherwise been disclosed to the accused person; Note If the accused person was committed to trial by the Magistrates Court, some things may have already been disclosed to the accused person in the brief of evidence before the committal hearing (see Magistrates Court Act 1930, s 90). (b) a list identifying— (i) any information, document or other thing of which the prosecutor is aware and that— (A) would reasonably be regarded as relevant to either the prosecution case or the defence case; and (B) is not in the possession or control of the prosecutor or the accused person; and (C) has not otherwise been disclosed to the accused person; and (ii) the place where the prosecutor believes the information, document or other thing may be found; (c) a list of all statements given by witnesses whom the prosecutor proposes to call at the trial.

(2) Subsection (1) requires the prosecutor to give the accused person information, a document or another thing, or a notice about inspection of it, whether or not it could be admitted as evidence. (3) The prosecutor must comply with this section— (a) in accordance with a timetable determined by the court; or (b) if no timetable is determined by the court—not later than 28 days before the date set for the trial in the proceeding. (4) The prosecutor must give the accused person a notice under subsection (1) (a) about the right to inspect information, a document or another thing only if— (a) it is impracticable to copy the information, document or other thing; or (b) the accused person agrees to inspect the information, document or other thing instead of receiving a copy of it.