INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 113
Evidence in criminal proceedings
INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 113
Evidence in criminal proceedings
113 Evidence in criminal proceedings
(1) If--
(a) a person has been charged with an offence before a court of the
State, and
(b) the court considers that it is desirable in the interests of
justice that particular evidence given before the Commission, being evidence
in relation to which the Commission has given a direction under section 112,
be made available to the person or to an Australian legal practitioner
representing the person or to the prosecutor,
the court may give to the
Commission a certificate to that effect.
(2) A Commissioner may appear before
the court for the purpose of making representations concerning the giving of
such a certificate.
(3) On such a certificate being given, the Commission
shall make the evidence or information available to the court.
(4) The court
may make the evidence or information available to the person charged with the
offence concerned, to an Australian legal practitioner representing the person
charged or to the prosecutor, if the court has examined the evidence or
information and is satisfied that the interests of justice so require.
(5)
Nothing in section 111 prevents a person to whom that section applies from
producing any document or other thing, or divulging or communicating any
matter or thing, to the extent necessary to give effect to this section.
(6)
Nothing in section 112 prevents the evidence or information being made
available under this section.
