108Accused person may obtain copies of depositions etc

108 Accused person may obtain copies of depositions etc (b) the Magistrates Court commits the person for trial before the Supreme Court. (2) At any time before the person’s trial before the Supreme Court starts, the person may apply to the registrar— (a) for certified copies of depositions in the case; and (b) for the evidence given on the cross-examination or the examination of any witnesses in the case. (3) The registrar must give the person the certified copies of depositions and the evidence applied for under subsection (2). (4) If the person is in custody, the person having the custody of the person must give any application under subsection (2) to the registrar. Part 3.5A Pre-hearing disclosure for offences punishable summarily 108AA Application—pt 3.5A (1) This part applies to a criminal proceeding if— (a) the proceeding begins on or after the day the Crimes (Disclosure) Legislation Amendment Act 2024, section 16 commences; and (b) the proceeding is for— (i) a summary offence; or (ii) an indictable offence being dealt with summarily; and (c) the defendant pleads not guilty to the offence. (2) However, the court may, by order, dispense with the application of any or all of the provisions of this part to a particular proceeding if satisfied it is in the interests of justice. 108AB Prosecutor must give brief of evidence to defendant who pleads not guilty (1) The prosecutor in a criminal proceeding must give the defendant a brief of evidence about the offence that is the subject of the proceeding— 28 days before the date set for the court to hear the prosecution case. (2) The brief of evidence must include— (a) a copy of all written statements taken from any person the prosecutor proposes to call as a witness; and (b) for each document or other thing identified in a statement mentioned in paragraph (a) that the prosecutor proposes to adduce as evidence—a copy of, or a written notice about the right to inspect, the document or thing; and (c) a copy of, or a written notice about the right to inspect, any information, document or other thing that— (i) was provided by a police officer or other person responsible for investigating the offence to the prosecutor, 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 defendant; and (d) 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 defence case; and (B) is not in the possession or control of the prosecutor or the defendant; and (C) has not otherwise been disclosed to the defendant; and (ii) the place where the prosecutor believes the information, document or other thing may be found; and (e) a list of all statements given by witnesses whom the prosecutor proposes to call at the trial. (3) Subsection (2) requires the brief of evidence to include information, a document or another thing, or a notice about inspection of it, whether or not it could be admitted as evidence. (4) The prosecutor must give the defendant a notice under subsection (2) (b) or (c) about the right to inspect information, a document or another thing only if— (b) the defendant agrees to inspect the information, document or other thing instead of receiving a copy of it. 108AC Ongoing duty of disclosure by prosecutor (1) The prosecutor in a criminal proceeding must give a defendant a copy of, or a written notice about the right to inspect, any information, document or other thing that— (a) comes into the prosecutor’s possession or control, or to their notice, after giving the brief of evidence to the defendant; and (b) is mentioned in section 108AB (2); and (c) has not been given to the defendant. Note The prosecutor must comply with this subsection as soon as possible after the information, document or other thing comes into their possession or control, or to their notice (see Legislation Act, s 151B). (2) The prosecutor must give the defendant a notice under subsection (1) about the right to inspect information, a document or another thing only if— (b) the defendant agrees to inspect the information, document or other thing instead of receiving a copy of it. 108AD Prosecutor must allow inspection of certain disclosed matters on request (1) This section applies if a defendant has been given a notice mentioned in section 108AB (2) (b) or (c) or section 108AC (1) about the right to inspect information, a document or another thing. (2) The defendant or their lawyer may ask the prosecutor to allow the defendant or their lawyer to inspect the information, document or other thing. (3) The prosecutor must comply with a request under this section. 108AE Address and contact details of people generally must not be disclosed under pt 3.5A (a) the prosecutor is required under this part to do any of the following (a disclosure obligation): (i) give a defendant a copy of, or a notice about the right to inspect, information, a document or another thing; (ii) allow the defendant or their lawyer to inspect the information, document or other thing; and (b) complying with the disclosure obligation would— (i) disclose an address or contact details of a witness proposed to be called by the prosecutor or any other living person; or (ii) allow the address or contact details to be worked out; and (c) the address or contact details are not relevant to the prosecution case or the defence case. (2) The prosecutor must comply with the disclosure obligation to the extent possible without— (a) disclosing the address or contact details; or (b) allowing the address or contact details to be worked out. Examples 1 The prosecutor redacts a person’s address or contact details from a copy of a document given to the defendant. 2 The prosecutor, when allowing the defendant to inspect something with a person’s address or contact details on it, temporarily conceals the address or contact details so it cannot be read by the defendant. 3 The prosecutor does not give the defendant a copy of a document that consists solely of the address or contact details of a person, and notifies the defendant why the document was not disclosed. (3) The court may make an order requiring the prosecutor to comply with subsection (2) in a particular way or subject to particular conditions. (4) Subsection (2) does not apply if the court is satisfied that— (a) it is in the interests of justice (including the right of the defendant to prepare for the hearing of the evidence for the prosecution) that the person’s address or contact details be disclosed; and (i) disclosure of the address or contact details is not likely to create a reasonably foreseeable risk to the welfare or safety of the person or any other person; or (ii) if there is a risk mentioned in subparagraph (i)—the interests of justice outweigh the risk. (5) This section does not apply to the disclosure of a person’s address or contact details in general terms that does not— (a) disclose the person whose address or contact details it is; or (b) allow the person whose address or contact details it is to be worked out. 108AF Material used to give evidentiary certificate etc need not be disclosed under pt 3.5A (1) This part does not require a prosecutor to give a defendant a copy of, or a notice about the right to inspect, any information, document or other thing that was prepared or used only in the course of giving an evidentiary certificate. evidentiary certificate means a certificate that, under a territory law, is evidence of the matters stated in the certificate. 108AG Sanctions for non-compliance with disclosure requirements (a) the prosecutor in a criminal proceeding seeks to adduce evidence in the proceeding; and (b) the prosecutor failed to disclose the evidence to the defendant in accordance with this part. (2) The court may refuse to admit the evidence. (3) The court may grant an adjournment to a party to the proceeding (other than the prosecutor) if admission of the evidence would prejudice the case of the party. 108AH Effect of pt 3.5A on other laws (1) This part does not limit another territory law that requires the prosecution in a criminal proceeding to disclose something to a Note Territory law includes the common law (see Legislation Act, dict, pt 1, def territory law and law, of the Territory). (2) This part does not require the disclosure by the prosecutor of anything that is the subject of— (a) a claim of privilege or public interest immunity; or (b) an immunity conferred by a law applying in the ACT or elsewhere; or (c) a prohibition or restriction under a law applying in the ACT or elsewhere on the disclosure of the thing to the defendant (a non-disclosure obligation). (3) However, if the prosecutor does not disclose something mentioned in subsection (2), they must instead give the defendant a statement (a) describes the thing to the extent possible without— (i) prejudicing a claim or intended claim of immunity or an application in relation to a non-disclosure obligation; or (ii) contravening a non-disclosure obligation; and (b) outlines the nature of the claim or intended claim of privilege or immunity or the non-disclosure obligation that applies to the thing. (4) A statement under subsection (3) must be— (a) if the thing was not disclosed under section 108AB—included in the brief of evidence; or (b) if the thing was not disclosed under section 108AC—given to the defendant as soon as possible after the thing comes into the prosecutor’s possession or control, or to their notice. Part 3.6 Proceedings for offences punishable summarily