Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 42

Continuing obligation of disclosure

42. Continuing obligation of disclosure



(1) This section applies to any information, document or thing that-

   (a)  comes into the informant's possession or comes to the informant's
        notice after the service of a preliminary brief or a full brief, as
        the case may be; and

   (b)  would have been required to be listed, or a copy of which would have
        been required to be served, in the preliminary brief or the full
        brief.



(2) The informant must serve on the accused a copy of the document or list as
soon as practicable after the information, document or thing comes into the
informant's possession or comes to the informant's notice.

(3) If the informant refuses to disclose any information, document or thing
that is required to be disclosed under this section, the informant must serve
on the accused as soon as practicable a written notice that the informant
refuses disclosure under section 45, identifying the ground for refusing
disclosure.

Note See section 363 as to the prosecution's general obligation of disclosure.