In criminal proceedings, the prosecution's general duty to disclose the fruits of investigation is subject to two qualifications: (1) for material not specifically enumerated in the Criminal Procedure Act 2004 (WA), the defence must show a legitimate forensic purpose (a reasonable possibility that production will materially assist the defence); and (2) even where legitimate forensic purpose is shown, public interest immunity may prevent disclosure. Where the balance narrowly favours disclosure, the court may limit inspection to legal advisers only to accommodate the competing public interest in protecting police investigative methodology.
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