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CRIMINAL DISCLOSURE ACT 2008

- As at 28 October 2021
- Act 38 of 2008

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement
   3.      Purpose and overview
   4.      Application of Act
   5.      Act binds the Crown
   6.      Interpretation
   7.      Meaning of court and Judge
   8.      Meaning of relevant
   9.      Time of commencement of criminal proceedings
   10.     Service
   11.     Exercise of defendant's rights and duties by defendant's counsel
   12.     Initial disclosure
   13.     Full disclosure
   14.     Request for additional disclosure
   14A.    Information relating to identification witnesses to be supplied to defendant
   15.     Prosecutor not required to record information or to obtain information for sole purpose of disclosure
   16.     Reasons for withholding information
   17.     Restriction on disclosing address of witness or informant
   18.     Trade secrets may be withheld
   19.     Inspection of exhibit by defendant
   20.     Notice to defendant of disclosure requirements in sections 22 and 23
   21.     Notice to defendant of disclosure requirement in section 176 of Summary Proceedings Act 1957
   22.     Notice of alibi
   23.     Disclosure by defendant of evidence to be given by expert witness
   24.     Application for non-party disclosure hearing
   25.     Determination of application for non-party disclosure hearing
   26.     Service of application and summons if application for hearing granted
   27.     Non-party disclosure hearing
   28.     Procedure if Judge subsequently satisfied that another person holds information sought
   29.     Determination of court following non-party disclosure hearing
   30.     Court order for disclosure of information
   31.     Court order setting conditions for inspection of exhibit
   32.     Court may make orders setting out timetable for disclosure
   33.     Appeals
   34.     Undisclosed information
   34A.    Information disclosed late by defendant
   35.     Certain applications must be on notice
   36.     Regulations
   37.     Amendment to Local Government Official Information and Meetings Act 1987
   38.     Amendment to Official Information Act 1982
   39.     Amendments to Privacy Act 1993
   40.     Other amendments and repeals
   41.     Transitional provision
   42.     This Act not to limit or affect other enactments relating to availability of information
           SCHEDULE 1
           SCHEDULE 2


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