Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section,
unless the contrary intention appears —
confessional material has the meaning given by
section 42;
evidentiary material has the meaning given by
section 42;
serve an accused, means to serve the accused in
accordance with Schedule 2 clause 2, 3 or 4.
(2) A requirement
under this section to serve evidentiary material includes a requirement to
serve the things that are required to be served under section 42(2).
(3) The operation of
this section is subject to section 137A and any order made under
section 138, whether in relation to a requirement of this section or a
requirement of section 35.
(4) This section does
not affect the operation of the Criminal Investigation Act 2006
section 117.
(5) If —
(a) an
either way charge is adjourned under section 60(3);
(b) a
charge of a listed simple offence is adjourned under section 60(4); or
(c) an
order is made under section 60(5)(b) in respect of a charge of any other
simple offence,
the prosecutor must
serve the accused with the following —
(d) any
confessional material of the accused that is relevant to the charge and that
the accused has not already received from the prosecutor;
(e) any
evidentiary material that is relevant to the charge;
(f) a
copy of the accused’s criminal record, if the accused has not already
received it from the prosecutor;
(g) any
document that is prescribed.
(6) The requirements
of subsection (5) must be complied with as soon as practicable after the
case is adjourned under section 60(3), (4) or (5) and in any event at
least 28 days before the trial date.
(7) If, after
complying with subsections (5) and (6) and before the charge is finally
dealt with, the prosecutor receives or obtains —
(a)
confessional material or additional confessional material that is relevant to
the charge;
(b)
additional evidentiary material that is relevant to the charge;
(c) any
statement or recording described in section 42(2)(b); or
(d) the
name or address of a person described in section 42(2)(c),
the prosecutor must
serve it or a copy of it on the accused as soon as practicable.
[Section 61 amended by No. 59 of 2006
s. 45; No. 5 of 2008 s. 43.]