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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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