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Dangerous Prisoners (Sexual Offenders) Act 2003
sec.25Duty to disclose
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### sec.25 Duty to disclose
This section applies to an application for a division 3 order and for the hearing of a matter under section 22 .
The Attorney-General’s duty to disclose evidence or things in the Attorney-General’s possession is the same duty to disclose the prosecution has in a criminal proceeding.
The Attorney-General must disclose the evidence or things—
for an application for a division 3 order—at least 7 days before the application is heard; or
for the hearing of a matter under section 22 —as soon as practicable after—
the Attorney-General is given a copy of the warrant issued under section 20 for the prisoner to whom the matter relates; and
the warrant is executed.
If the Attorney-General can not comply with the time requirement because the thing to be disclosed was not in the Attorney-General’s possession in sufficient time, including, for example, because the thing did not exist at the time, the Attorney-General must disclose the thing as soon as practicable after it comes into the Attorney-General’s possession.
s 25 amd 2007 No. 35 s 8
(sec.25-ssec.1) This section applies to an application for a division 3 order and for the hearing of a matter under section 22 .
(sec.25-ssec.2) The Attorney-General’s duty to disclose evidence or things in the Attorney-General’s possession is the same duty to disclose the prosecution has in a criminal proceeding.
(sec.25-ssec.3) The Attorney-General must disclose the evidence or things— for an application for a division 3 order—at least 7 days before the application is heard; or for the hearing of a matter under section 22 —as soon as practicable after— the Attorney-General is given a copy of the warrant issued under section 20 for the prisoner to whom the matter relates; and the warrant is executed.
(sec.25-ssec.4) If the Attorney-General can not comply with the time requirement because the thing to be disclosed was not in the Attorney-General’s possession in sufficient time, including, for example, because the thing did not exist at the time, the Attorney-General must disclose the thing as soon as practicable after it comes into the Attorney-General’s possession.
- (a) for an application for a division 3 order—at least 7 days before the application is heard; or
- (b) for the hearing of a matter under section 22 —as soon as practicable after— (i) the Attorney-General is given a copy of the warrant issued under section 20 for the prisoner to whom the matter relates; and (ii) the warrant is executed.
- (i) the Attorney-General is given a copy of the warrant issued under section 20 for the prisoner to whom the matter relates; and
- (ii) the warrant is executed.
- (i) the Attorney-General is given a copy of the warrant issued under section 20 for the prisoner to whom the matter relates; and
- (ii) the warrant is executed.