2018
2018
2018-11-02
act
government
publicspecial
act.reprint
allinforce
2018-08-15
2018-08-15
0
2018-11-03
act-1987-015
2018
none
act-2018-047
63ec2398-0a95-402c-a04f-588c575233b4
4a75865a-58f2-43ce-a9d5-817d17ac3281
Note—
Amending Acts and amending provisions are subject
to automatic repeal pursuant to sec 30C of the Interpretation
Act 1987 No 15 once the amendments have taken
effect.
An Act to amend the Criminal Procedure Act 1986 to give
effect to recommendations of the statutory review of the Act with respect to
the mandatory pre-trial disclosure of certain evidence and other matters in
proceedings for indictable offences; and for other
purposes.
1Name of
Act
This Act is the Criminal
Procedure Amendment (Pre-trial Disclosure) Act
2018.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1Amendment of Criminal Procedure Act 1986 No
209
[1]Section 142
Prosecution’s notice
Insert after section 142 (1) (c1):
(c2)
if the prosecutor proposes to adduce at the trial
the transcript of an audio or a visual recording, a copy of that
transcript,
Note—
This paragraph does not require the
prosecution’s notice to contain copies of transcripts of recorded
statements (within the meaning of section 289D) unless the prosecutor proposes
to adduce such transcripts at the trial.
[2]Section 143 Defence
response
Insert after section 143 (1) (g):
(h)
if any expert witness is proposed to be called at
the trial by the accused person, a copy of each report by that witness that is
relevant to the case and on which the accused person intends to
rely,
(i)
notice as to whether the accused person proposes
to raise any issue with respect to the continuity of custody of any proposed
exhibit disclosed by the prosecutor,
(j)
notice of any significant issue that the accused
person proposes to raise regarding the form of the indictment, severability of
the charges or separate trials for the charges,
(k)
if the prosecutor disclosed an intention to
adduce at the trial any audio or visual recording or the transcript of any
audio or visual recording:
(i)
any request that the accused person has that the
recording or transcript be edited (other than in circumstances to which
subsection (2) (d) relates), and
(ii)
particulars sufficient to clearly identify the
edits that the accused person requests.
[3]Section 143 (2) (a), (c) and
(f)
Omit the paragraphs.
[4]Section 144 Prosecution
response to defence response
Insert after section 144 (d):
(d1)
if the accused person has requested any editing
of any audio or visual recording, or the transcript of any audio or visual
recording, that the prosecutor intends to adduce at the trial, notice as
to:
(i)
whether the prosecutor disputes any of the
requested editing, and
(ii)
which requested edits are disputed, if
any,
[5]Schedule 2 Savings,
transitional and other provisions
Insert at the end of the Schedule, with
appropriate Part and clause numbering:
PartProvisions consequent on
enactment of Criminal Procedure Amendment
(Pre-trial Disclosure) Act 2018
Case management
provisions
(1)
An amendment made by the amending Act applies
only in respect of proceedings in which the indictment was presented or filed
after the commencement of the relevant amendment.
(2)
Accordingly, a provision of Division 3 of Part 3
of Chapter 3, as in force before its amendment by the amending Act, continues
to apply in respect of proceedings in which the indictment was presented or
filed before the commencement of the relevant amendment.
(3)
In this clause:
amending
Act means the Criminal
Procedure Amendment (Pre-trial Disclosure) Act
2018.
Historical
notes
Table of amending
instruments
Criminal
Procedure Amendment (Pre-trial Disclosure) Act 2018 No 47.
Assented to 27.9.2018. Date of commencement, 2.11.2018, sec 2 and 2018 (610)
LW 2.11.2018.