CTHIn ForceAct
Federal Court of Australia Act 1976
23CEDisclosure of case for the prosecution
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#### 23CE Disclosure of case for the prosecution
The notice of the prosecution’s case must include the following:
(a) an outline of the prosecution’s case that sets out the facts, matters and circumstances on which the prosecution’s case is based;
(b) for each witness the prosecutor proposes to call at the trial:
(i) a copy of a signed statement by the witness that sets out the evidence the witness is to give at the trial; or
(ii) if the prosecutor cannot obtain such a signed statement—a written summary of the evidence the witness is to give at the trial;
(c) for each witness:
(i) the prosecutor does not propose to call at the trial; but
(ii) who has signed a statement that sets out the evidence the witness could give at the trial;
a copy of the signed statement;
(d) copies of any documents the prosecutor proposes to tender at the trial;
(e) copies of, or an invitation to inspect, any other exhibits the prosecutor proposes to tender at the trial;
(f) a copy of any report, relevant to the trial, that has been prepared by an expert witness whom the prosecutor proposes to call at the trial;
(g) a copy or details of any information in the prosecutor’s possession that might adversely affect the reliability or credibility of a prosecution witness;
(h) a copy or details of any information, document or other thing in the prosecutor’s possession that the prosecutor reasonably believes contains evidence that may be relevant to the accused’s case;
(i) if the prosecutor reasonably believes information in the prosecutor’s possession suggests the existence of evidence that may be relevant to the accused’s case—a copy or details of so much of that information as is necessary to suggest that existence;
(j) a list identifying:
(i) any information, document or other thing not in the prosecutor’s possession that the prosecutor reasonably believes contains evidence that may be relevant to the accused’s case; and
(ii) for each item of information, and each document or other thing, a place where the prosecutor reasonably believes the item, document or thing to be;
(k) a copy or details of any information, document or other thing in the prosecutor’s possession that is adverse to the accused’s credit or credibility;
and may include other matters.
> Note: Information and things do not need to be disclosed more than once (see section 23CK).