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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Criminal Procedure Amendment (Pre-trial
Disclosure) Bill 2018
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Criminal Procedure Act 1986 No 209 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2018
New South Wales
Criminal Procedure Amendment (Pre-trial
Disclosure) Bill 2018
Act No , 2018
An Act to amend the Criminal Procedure Act 1986 to give effect to recommendations of the
statutory review of the Act with respect to the mandatory pre-trial disclosure of certain evidence
and other matters in proceedings for indictable offences; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Criminal Procedure Amendment (Pre-trial Disclosure) Bill 2018 [NSW]ï€
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Criminal Procedure Amendment (Pre-trial Disclosure) Act 2018.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Criminal Procedure Amendment (Pre-trial Disclosure) Bill 2018 [NSW]ï€
Schedule 1 Amendment of Criminal Procedure Act 1986 No 209
Schedule 1 Amendment of Criminal Procedure Act 1986
No 209
[1] Section 142 Prosecution's notice
Insert after section 142 (1) (c1):
(c2) if the prosecutor proposes to adduce at the trial the transcript of an audio
or a visual recording, a copy of that transcript,
Note. This paragraph does not require the prosecution's notice to contain
copies of transcripts of recorded statements (within the meaning of
section 289D) unless the prosecutor proposes to adduce such transcripts at the
trial.
[2] Section 143 Defence response
Insert after section 143 (1) (g):
(h) if any expert witness is proposed to be called at the trial by the accused
person, a copy of each report by that witness that is relevant to the case
and on which the accused person intends to rely,
(i) notice as to whether the accused person proposes to raise any issue with
respect to the continuity of custody of any proposed exhibit disclosed
by the prosecutor,
(j) notice of any significant issue that the accused person proposes to raise
regarding the form of the indictment, severability of the charges or
separate trials for the charges,
(k) if the prosecutor disclosed an intention to adduce at the trial any audio
or visual recording or the transcript of any audio or visual recording:
(i) any request that the accused person has that the recording or
transcript be edited (other than in circumstances to which
subsection (2) (d) relates), and
(ii) particulars sufficient to clearly identify the edits that the accused
person requests.
[3] Section 143 (2) (a), (c) and (f)
Omit the paragraphs.
[4] Section 144 Prosecution response to defence response
Insert after section 144 (d):
(d1) if the accused person has requested any editing of any audio or visual
recording, or the transcript of any audio or visual recording, that the
prosecutor intends to adduce at the trial, notice as to:
(i) whether the prosecutor disputes any of the requested editing, and
(ii) which requested edits are disputed, if any,
Page 3
Criminal Procedure Amendment (Pre-trial Disclosure) Bill 2018 [NSW]ï€
Schedule 1 Amendment of Criminal Procedure Act 1986 No 209
[5] Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering:
Part Provisions consequent on enactment of Criminal
Procedure Amendment (Pre-trial Disclosure) Act
2018
Case management provisions
(1) An amendment made by the amending Act applies only in respect of
proceedings in which the indictment was presented or filed after the
commencement of the relevant amendment.
(2) Accordingly, a provision of Division 3 of Part 3 of Chapter 3, as in force
before its amendment by the amending Act, continues to apply in respect of
proceedings in which the indictment was presented or filed before the
commencement of the relevant amendment.
(3) In this clause:
amending Act means the Criminal Procedure Amendment (Pre-trial
Disclosure) Act 2018.
Page 4
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