South Australian Consolidated Acts

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MAGISTRATES COURT ACT 1991 - SECT 51

51—Accessibility of evidence etc

        (1)         Subject to this section, the Court must, on application by any member of the public, allow the applicant to inspect or obtain a copy of—

            (aa)         any process relating to proceedings and forming part of the Court's records;

            (a)         a transcript of evidence taken by the Court in any proceedings;

            (b)         any documentary material admitted into evidence in any proceedings;

            (e)         a transcript of reasons for judgment (including remarks made by the Court on passing sentence);

            (f)         a judgment or order given or made by the Court.

        (2)         A member of the public may inspect or obtain a copy of the following material only with the permission of the Court:

            (a)         material that was not taken or received in open court;

            (b)         material that the Court has suppressed from publication;

            (ba)         sensitive material in the custody of the Court;

            (c)         material placed before the Court during sentencing proceedings (including material furnished under section 7 of the Criminal Law (Sentencing) Act 1988 );

            (d)         documentary material filed in connection with a preliminary examination;

            (e)         a transcript of any oral evidence taken at a preliminary examination;

            (f)         a photograph, slide, film, video tape, audio tape or other form of recording from which a visual image or sound can be produced;

            (fa)         a report prepared to assist the Court in determining a person's eligibility for, or progress in, an intervention program (within the meaning of the Bail Act 1985 or the Criminal Law (Sentencing) Act 1988 );

            (g)         material of a class prescribed by the regulations.

        (3)         The Court may permit inspection or copying of material referred to in subsection (2) subject to any of the following conditions:

            (a)         a condition that material that is sensitive material will be available for examination under the supervision of the Court at a place specified in the notice and at a time to be arranged;

            (b)         a condition limiting the publication or use of the material;

            (c)         any other condition that the Court considers appropriate.

        (4)         A decision by the Court on an application under this section is administrative and is final and not subject to any form of review.

        (5)         The Court may charge a fee, fixed by regulation, for inspection or copying of material under this section.

        (6)         In this section—

"sensitive material"—see section 67H of the Evidence Act 1929 .



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