Criminal Procedure Act 1921

A superior court determining proceedings for an indictable offence may refuse to admit evidence in the proceedings that is sought to be adduced by a party who has failed to comply with disclosure requirements applying to the evidence.

A superior court may grant an adjournment to a party to proceedings for an indictable offence if—

another party seeks to adduce evidence in the proceedings and failed to comply with disclosure requirements applying to the evidence; and

the evidence would prejudice the case of the party seeking the adjournment.

If, in proceedings for an indictable offence before a superior court—

the prosecution receives notice under section 124 of an intention to introduce expert evidence after the time at which the defence case statement was required to be given to the prosecution in accordance with section 123;

expert evidence that has not been previously disclosed to the prosecution is admitted at the trial, the court should, on application by the prosecution, grant an adjournment to allow the prosecution a reasonable opportunity to obtain expert advice on the proposed evidence unless there are good reasons to the contrary (and, if a jury has been empanelled and the adjournment would, in the court's opinion, adversely affect the course of the trial, the court may discharge the jury and order that the trial be re-commenced).

The regulations may make provision for, or with respect to, the exercise of the powers of a court under subsection (1) and (2) (including the circumstances in which the powers may not be exercised).

Without limiting the regulations that may be made under subsection (4), the powers of a court may not be exercised under subsection (1) to prevent a defendant adducing evidence unless the prosecution has complied with the disclosure requirements applying to the prosecution.

If a defendant in proceedings for an indictable offence in a superior court fails to comply with disclosure requirements applying under section 124, the failure may be made the subject of comment to the jury by the prosecutor or the judge (or both).

Except with the permission of the court, evidence in rebuttal of an alibi must not be adduced after the close of the case for the prosecution.

Permission will be granted under subsection (7) where the defendant gives or adduces evidence of alibi that was not disclosed, or was not sufficiently disclosed, in accordance with the disclosure requirements (but this section does not limit the discretion of the court to grant such permission in any other case).

In this section—