Commission must give evidence to defence unless court certifies otherwise
201 Commission must give evidence to defence unless court certifies otherwise
This section applies if a person is charged with an offence before a court and anything stated at, or a document or thing produced at, a commission hearing (the evidence) is relevant evidence for the defence against the charge.
On being asked by the defendant or the defendant’s lawyer, the commission must give the evidence to the defendant or the defendant’s lawyer unless the court makes an order under subsection (4).
A request under subsection (2) may generally identify evidence to be given to the defendant or defendant’s lawyer.
On application by an authorised commission officer, the court must order that the evidence not be given to the defendant or defendant’s lawyer if the court considers that it would be unfair to a person or contrary to the public interest to do so.
Evidence given to a defendant or a defendant’s lawyer under subsection (2) may be used only for the defence to the charge.
A person who uses the evidence as permitted under subsection (5) does not contravene section 202.
This Act’s bill:Explanatory memorandum
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