Section 15A of the Director of Public Prosecutions Act 1986 (NSW) requires police to physically produce to the DPP all relevant information obtained during an investigation, not merely to disclose its existence. The pro forma Police Disclosure Certificate is invalid insofar as it purports to allow police to withhold relevant material from the DPP on the basis of a public interest immunity claim. The DPP must independently assess the relevance of material held by police and cannot simply accept police assertions that material is subject to public interest immunity without inspecting it. A conditional stay of sentencing proceedings may be granted where the DPP has failed to discharge the duty of disclosure and there is a potential miscarriage of justice.
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