90Committal proceedings—prosecutor must give brief of

90 Committal proceedings—prosecutor must give brief of evidence to accused person (1) This section applies in relation to a person charged with an indictable offence (an accused person) if— (a) the accused person is charged with the offence on or after the day the Crimes (Disclosure) Legislation Amendment Act 2024, section 14 commences; and (b) a committal hearing is to be held in relation to the charge. (2) The prosecutor must give the accused person a brief of evidence about the offence that is the subject of the proceeding— 28 days before the date set for the committal hearing. (3) The brief of evidence must include— (a) a copy of each written statement that the prosecutor proposes to tender at the hearing; and (b) for each exhibit identified in a statement mentioned in paragraph (a)—a copy of the exhibit or a notice about the right to inspect the exhibit; and (c) a copy of, or a written notice about the right to inspect, any information, document or other thing obtained by the prosecutor (whether or not it could be admitted as evidence) that— (i) is relevant to the basis of the prosecution case; or (ii) is reasonably capable of being relevant to the case for the accused person; or (iii) would affect the strength of the prosecution case. (4) A copy of each document mentioned in subsection (3) (a) and (b) must be filed in the court— 28 days before the date set for the committal hearing. (5) The prosecutor must give the accused person a copy of, or a written notice about the right to inspect, any other information, document or thing that— (a) comes into the prosecutor’s possession or control, or to their notice, after giving the brief of evidence to the accused person; and (b) is mentioned in subsection (3) (c); and (c) was not disclosed in the brief of evidence. 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). (6) The prosecutor must give the accused person a notice under subsection (3) (c) or (5) about the right to inspect information, a document or another thing only if— (b) the accused person agrees to inspect the information, document or other thing instead of receiving a copy of it. 90AAA Address and contact details of people generally must not be disclosed as part of pre-committal disclosure (a) the prosecutor is required under section 90 (3) (c) or (5) or section 90AAD to do any of the following (a disclosure obligation): (i) give an accused person a copy of, or a notice about the right to inspect, information, a document or another thing; (ii) allow the accused person or their lawyer to inspect information, a document or another thing in a notice mentioned in section 90 (3) (c) or (5); 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 accused person. 2 The prosecutor, when allowing the accused person 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 accused person. 3 The prosecutor does not give the accused person a copy of a document that consists solely of the address or contact details of a person, and notifies the accused person 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 accused person 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. 90AAB Material used to give evidentiary certificate etc need not be disclosed as part of pre-committal disclosure (1) Section 90 (3) (c) and (5) do not require a prosecutor to give an accused person 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 about a matter. evidentiary certificate means a certificate that, under a territory law, is evidence of the matters stated in the certificate. 90AAC Effect of pre-committal disclosure obligations on other laws (1) Section 90 does not limit another territory law that requires the prosecution in a criminal proceeding to disclose something to a person charged with an indictable offence in relation to a committal hearing. Note Territory law includes the common law (see Legislation Act, dict, pt 1, def territory law and law, of the Territory). (2) Section 90 (3) (c) and (5) do 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 accused person (a non-disclosure obligation). (3) However, if the prosecutor does not disclose something mentioned in subsection (2), they must instead give the accused person a statement (a) describes the thing to the extent possible without— (i) prejudicing a claim or intended claim of privilege or 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 in the brief of evidence under section 90 (3) (c)—included in the brief of evidence; or (b) if the thing was not disclosed under section 90 (5)—given to the accused person as soon as possible after the thing comes into the prosecutor’s possession or control, or to their notice. 90AAD Prosecutor must allow inspection of certain disclosed matters on request (1) This section applies if an accused person has been given a brief of evidence under section 90. (2) The accused person or their lawyer may ask the prosecutor to allow the accused person or their lawyer to— (a) inspect any exhibit, information, document or other thing in a notice mentioned in section 90 (3) (b) or (c) or section 90 (5); and (b) if a statement mentioned in section 90 (3) (a) is a transcript of a recording mentioned in section 90AA (4)—listen to or view the recording. (3) The prosecutor must comply with a request under this section. (4) However, this section does not entitle the accused person or their lawyer to be given or make a copy of a recording mentioned in section 90AA (4). 90AA Written statements may be admitted in evidence (1) If the prosecutor has served a copy of a written statement mentioned in section 90 (3) (a) on the accused person in accordance with section 90, the court at the committal hearing must (subject to subsection (3)) admit the statement (and any exhibit identified in it) as evidence of the matters in it. (2) The statement is the deposition of the person who made it if admitted into evidence. (3) Subject to subsection (4), a written statement must not be admitted in evidence by the court unless— (a) it contains the following endorsement by the person who made it: ‘This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.’; and (b) it contains a statement that, before the person signed it, the person who made it read the statement or had it read to the (4) A written statement that is in the form of a transcript of a recording made by a police officer may be admitted in evidence by the court if— (a) the transcript is of a recording of an interview with a person during which the person was questioned by the police officer in connection with the investigation of an offence the subject of the (b) a police officer certifies that the statement is an accurate transcript of the recording. (5) If it appears to the court that any part of a written statement tendered in evidence under this section is inadmissible according to the rules of evidence, the court may, if the statement is otherwise admissible under this section, admit that statement, but, if it does so, must identify the part that is inadmissible and must, with reference to that part, write on the statement the words ‘ruled inadmissible’ or words to that effect. (6) A prosecution witness may give evidence-in-chief in person at a committal hearing only with the court’s leave. (7) The court may give leave only— (a) on application by the prosecution; and (b) if it considers that the interests of justice cannot adequately be satisfied if the witness’s evidence-in-chief is not given in person at the hearing. (8) However, a person must not be required to attend and give evidence at a committal hearing in relation to a sexual offence (whether or not the hearing also relates to another offence) if the person is a complainant in relation to the sexual offence. (9) In this section: sexual offence means an offence against the Crimes Act 1900, part 3 (Sexual Offences), part 4 (Female genital mutilation) or part 5 (Sexual servitude). 90AB Witnesses generally not to be cross-examined at committal hearing (1) A witness must not be cross-examined at a committal hearing if— (a) the hearing relates to a sexual offence (whether or not it relates also to another offence); and (b) the witness is a complainant in relation to the sexual offence. (2) A witness (other than a witness mentioned in subsection (1)) must not be cross-examined at a committal hearing unless, on application by the party seeking to cross-examine the witness, the court is satisfied (a) the party has— (i) identified an issue to which the proposed questioning relates; and (ii) provided a reason why the evidence of the witness is relevant to the issue; and (iii) explained why the evidence disclosed by the prosecution does not address the issue; and (iv) identified to the court the purpose and general nature of the questions to be put to the witness to address the issue; and (b) the interests of justice cannot adequately be satisfied by leaving cross-examination of the witness about the issue to the trial. sexual offence means an offence against the Crimes Act 1900, part 3 (Sexual offences), part 4 (Female genital mutilation) or part 5 (Sexual servitude). 90ABA Attendance of accused not required if order made under s 89A The accused person is not required to be present at the committal hearing if the person is excused from attending the hearing under section 89A.