Criminal Code Act 1899

This section applies if the body of a deceased person that is original evidence is disclosed to an accused person under section 590AH(2)(i) or 590AJ.

The prosecution is not required to allow the accused person to view or examine the body for the relevant proceeding other than as required under this section.

The prosecution may, on request, allow a permitted person to view, or an appropriate person to view or examine, the body for the purposes of the relevant proceeding—

under the supervision of the prosecution; and

subject to any other conditions the prosecution considers appropriate—

to protect the integrity of the body; and

to ensure the release of the body for burial under the Coroners Act 2003, section 26 is not unnecessarily delayed.

The court may direct that the prosecution allow a permitted person to view, or an appropriate person to view or examine, the body for the purposes of the relevant proceeding subject to the conditions the court considers appropriate—

to protect the integrity of the body; and

to ensure the release of the body for burial under the Coroners Act 2003, section 26 is not unnecessarily delayed.

The court may make the direction only if satisfied the terms of the direction can ensure—

the integrity of the body is protected; and

the release of the body for burial under the Coroners Act 2003, section 26 is not unnecessarily delayed.

In this section—appropriate person means a person engaged by the accused person, other than a lawyer acting for the accused person, if the prosecution or court considers it is appropriate for the person to view or examine the body.Examples of an appropriate person—

• a person appointed as a DNA analyst under the Evidence Act 1977, section 133A

• a person employed by an accredited laboratory, as defined under the Police Powers and Responsibilities Act 2000, section 488B, who has appropriate qualifications and experience in DNA analysis

body see the Coroners Act 2003, schedule 2.permitted person means—

if a lawyer is acting for the accused person—the lawyer; or

otherwise—the accused person.

sch 1 pt 8 ch 62 ch div 3 ch sdiv E s 590ASA ins 2022 No. 12 s 10