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CRIMINAL PROCEDURE ACT 2004 - SECT 62

CRIMINAL PROCEDURE ACT 2004 - SECT 62

62 .         Disclosure by accused of certain matters in certain cases

        (1)         In this section, unless the contrary intention appears —

        alibi evidence , in respect of an accused charged with an offence, means any evidence that tends to show that the accused was not present when the offence is alleged to have been committed, or when an act or omission material to the offence is alleged to have occurred;

        expert evidence material relevant to a charge, means —

            (a)         a copy of every statement, recording or report obtained by the accused of any person who the accused intends to call to give expert evidence that is relevant to the charge; and

            (b)         written notice of the name and, if known, the address, of any person from whom no statement, recording or report has been obtained by the accused but who the accused intends to call to give expert evidence that is relevant to the charge; and

            (c)         a written description of the expert evidence referred to in paragraph (b);

        serve means serve on the prosecutor in accordance with Schedule 2 clause 2 or by post.

        (2)         The operation of this section, other than subsection (4)(a), is subject to any order made under section 138.

        (3)         This section applies —

            (a)         in the case of an either way charge that is to be dealt with summarily — if the prosecutor has complied with section 61;

            (b)         in the case of a charge of a listed simple offence, if —

                  (i)         an order has been made under section 60(4)(a); and

                  (ii)         the prosecutor has complied with section 61.

        (4)         If this section applies, the accused, at least 14 days before the trial date, must serve the prosecutor with the following —

            (a)         if the accused intends to give or adduce any alibi evidence in relation to the charge, written notice of —

                  (i)         the accused’s intention to do so; and

                  (ii)         the details of the nature of the evidence; and

                  (iii)         the name of each person who the accused intends to call to give any such evidence and the person’s address or other information sufficient to enable the person to be located;

            (b)         any expert evidence material that is relevant to the charge;

            (c)         written notice of the factual elements of the offence that the accused may contend cannot be proved;

            (d)         written notice of any objection by the accused to —

                  (i)         any document that the prosecutor intends to adduce at the trial; or

                  (ii)         any evidence to be given by a witness whom the prosecutor intends to call at the trial,

                and the grounds for the objection.

        (5)         If, after complying with subsection (4), an accused receives or obtains evidence, information or material referred to in subsection (4), the accused must serve it on the prosecutor as soon as practicable.

        [Section 62 amended: No. 2 of 2008 s. 17.]