In trials on presentment or indictment in Victoria, the prosecution has a common law duty to disclose to the defence the prior convictions of every proposed witness whose credibility may be in issue, if proof of any such conviction may reasonably be seen as capable of affecting the witness's credibility. This duty does not depend on any prior request by the defence. The duty rests on the prosecution as an institution, and ignorance of the individual prosecutor or instructing solicitor is irrelevant; the prosecution must make the necessary enquiries. The scope of the duty in summary proceedings and in relation to stale or minor convictions was left open.
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