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6.1  Prosecution obligations to provide copies of documents and statements


The prosecution's obligations to disclose documents and statements may arise
at two stages, if various reforms are adopted: as a result of an obligation of
Crown discovery; and pursuant to an order at a pre-trial hearing. In both cases,
whether these obligations could be permitted (or required) to be satisfied by
disclosure in computerised form needs to be considered.


Disclosure obligations at pre-trial hearings


Aronson has recommended the introduction of a prosecution disclosure scheme
based on the Victorian Crimes (Fraud) Bill 1992's refinements of the English
Criminal Justice Act 1987 as amended in 1988 (originating from Roskill (1986))
(Aronson (1992) Recommendation 10(b)). The principal 'Victorian refinement' is
that the prosecution could be required to make available 'a list of exhibits,
and copies of any documentary exhibits that the prosecution intends to have
produced at the trial' (Victorian Crimes (Fraud) Bill 1992 cl 13(3(e),
emphasis added), not just a list of exhibits. It can also be required to
disclose 'any other document directed to be included...' (cl 13(3)(g)).
Disclosure would also be required of 'copies of the

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