Australian Capital Territory Current Acts

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MAGISTRATES COURT ACT 1930 - SECT 90

Committal proceedings—prosecution evidence to be given to accused person

    (1)     This section applies if a person (the accused person ) is charged with an indictable offence and a committal hearing is to be held in relation to the charge.

    (2)     Within the period, prescribed under the rules, before the date set for the committal hearing, the informant must serve the following documents on the accused person:

        (a)     a copy of the written statements that the informant proposes to tender at the hearing;

        (b)     for each exhibit identified in the statements—a copy of the exhibit or a notice relating to inspection of it.

    (3)     A copy of the documents served must be filed in the court within the period prescribed under the rules.

    (4)     Before the committal hearing, the accused person or the person's lawyer may ask the informant to allow the accused person or the person's lawyer to—

        (a)     inspect the exhibits mentioned in the notice (if any) served on the accused person under subsection (2) (b); and

        (b)     if a statement is in the form of a transcript of a recording as mentioned in section 90AA (4)—listen to or view the recording.

    (5)     The informant must comply with a request under subsection (4).

    (6)     Subsection (4) (b) does not entitle the accused person or the person's lawyer to be given or make a copy of the recording.



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