FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CE Disclosure of case for the prosecution

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CE

    The notice of the prosecution's case must include the following:

  (a)   an outline of the prosecution's case that sets out the facts, matters and circumstances on which the prosecution's case is based;

  (b)   for each witness the prosecutor proposes to call at the trial:

  (i)   a copy of a signed statement by the witness that sets out the evidence the witness is to give at the trial; or

  (ii)   if the prosecutor cannot obtain such a signed statement--a written summary of the evidence the witness is to give at the trial;

  (c)   for each witness:

  (i)   the prosecutor does not propose to call at the trial; but

  (ii)   who has signed a statement that sets out the evidence the witness could give at the trial;

    a copy of the signed statement;

  (d)   copies of any documents the prosecutor proposes to tender at the trial;

  (e)   copies of, or an invitation to inspect, any other exhibits the prosecutor proposes to tender at the trial;

  (f)   a copy of any report, relevant to the trial, that has been prepared by an expert witness whom the prosecutor proposes to call at the trial;

  (g)   a copy or details of any information in the prosecutor's possession that might adversely affect the reliability or credibility of a prosecution witness;

  (h)   a copy or details of any information, document or other thing in the prosecutor's possession that the prosecutor reasonably believes contains evidence that may be relevant to the accused's case;

  (i)   if the prosecutor reasonably believes information in the prosecutor's possession suggests the existence of evidence that may be relevant to the accused's case--a copy or details of so much of that information as is necessary to suggest that existence;

  (j)   a list identifying:

  (i)   any information, document or other thing not in the prosecutor's possession that the prosecutor reasonably believes contains evidence that may be relevant to the accused's case; and

  (ii)   for each item of information, and each document or other thing, a place where the prosecutor reasonably believes the item, document or thing to be;

  (k)   a copy or details of any information, document or other thing in the prosecutor's possession that is adverse to the accused's credit or credibility;

and may include other matters.

Note:   Information and things do not need to be disclosed more than once (see section   23CK).