Criminal Code Act 1899

This section applies if—

the prosecution must give an accused person a written notice or copy of a thing under section 590AH(2); or

the prosecution must give an accused person a written notice of a thing under section 590AO(2), 590AOA(2) or 590AOB(3) and, apart from sections 590AO, 590AOA and 590AOB, the prosecution would have to give the accused person a copy of the thing under section 590AH(2).

The prosecution must give the accused person the written notice or copy—

for a committal proceeding or prescribed summary trial—at least 14 days before the date set by the court for the commencement of the hearing of evidence; or

for a trial on indictment—no more than 28 days after presentation of the indictment, or if the trial starts less than 28 days after presentation of the indictment, before evidence starts to be heard at the trial.

Subsection (2) is not intended to discourage the prosecution from voluntarily giving the accused person the written notice or copy at a time before the latest time the subsection may be complied with.

Note—An administrative arrangement made under section 706A (Development of administrative arrangements) might provide for the prosecution’s agreement to a form of staged disclosure that will ensure an accused person is provided with at least part of the material that must be disclosed under section 590AH within a period stated in the arrangement that is shorter than the period stated in subsection (2).

The court may, at any time, shorten the period mentioned in subsection (2)(a) or extend the period mentioned in subsection (2)(b).

If the relevant proceeding is a committal proceeding, the court may set a date to have effect under subsection (2)(a) as the date for the commencement of hearing of evidence in the proceeding even if, having regard to the Justices Act 1886, section 110A, it will or may be the case that no witness will appear at the proceeding to give oral evidence. sch 1 pt 8 ch 62 ch div 3 ch sdiv C s 590AI ins 2003 No. 55 s 15