(1) Subject to
section 122, where the Magistrates Court commits a defendant charged with
an indictable offence to a superior court for trial, the prosecution—
(a) must
present, or cause to be presented, an information against that person; and
(b)
must, not less than 6 weeks before the date fixed for the defendant's
arraignment in the superior court—
(i)
file in that court; and
(ii)
give to the defendant or a legal practitioner
representing the defendant,
(2) A
prosecution case statement must include (in accordance with prosecution duties
of disclosure) the following:
(a) a
summary of the alleged facts;
(b) a
description of evidence that may be led by the prosecution in relation to each
element of the offence;
(c) a
list of the witnesses the prosecution intends to call at trial;
(d)
details of each expert witness the prosecution intends to call at trial;
(e)
details of any additional witness statement that the prosecution is aware will
be obtained, but which has not yet been obtained;
(f)
whether the prosecution intends to lead discreditable conduct evidence (within
the meaning of section 34P of the Evidence Act 1929 ) that relies on
a particular propensity or disposition of the defendant as circumstantial
evidence of a fact in issue and, if so, details of that evidence;
(g)
whether the prosecution intends to make any pre-trial applications under the
Evidence Act 1929 and, if so, a copy of any such application;
(h)
whether the trial is one that is to be given priority under section 50B
of the District Court Act 1991 ;
(i)
an estimate of the length of the prosecution case;
(j)
whether any interpreter will be required for the prosecution case (and if so,
the language that the interpreter will be required to interpret).
(3) A defendant
committed to a superior court for trial on a charge of an indictable offence
must, not more than 4 weeks after being given the prosecution case
statement—
(a) file
in that court; and
(b) give
to the prosecution,
(4) A
defence case statement must include the following:
(a) any
facts of the offence set out in the prosecution case statement which the
defendant admits in accordance with section 34 of the Evidence
Act 1929 ;
(b) any
elements of the offence set out in the prosecution case statement which the
defendant admits in accordance with section 34 of the Evidence
Act 1929 ;
(c) any
witnesses the defendant asks the prosecution to call (being witnesses who have
provided a statement but who are not included in the list of the witnesses the
prosecution intends to call at trial contained in the
prosecution case statement);
(d)
whether the defendant consents to any of the prosecution applications included
in the prosecution case statement;
(e)
whether the defendant intends to introduce—
(i)
expert evidence; or
(ii)
evidence of alibi (within the meaning of
section 124),
(in which case section 124 must also be complied with);
(f)
whether the defendant intends to raise any of the following prior to
commencement of the trial:
(i)
issues relating to joinder or severance;
(ii)
issues relating to cross-admissibility of evidence;
(iii)
challenges to the legality of any searches;
(iv)
challenges to the admissibility of any other prosecution
evidence;
(v)
applications for stay of proceedings;
(vi)
issues relating to chain of evidence or continuity of
custody of exhibits;
(vii)
any other points of law;
(g)
whether the defendant agrees with the prosecution estimate of the length of
the prosecution case and the defendant's estimate of the length of the trial;
(h)
whether the defendant will apply for trial by judge alone;
(i)
whether the defendant requires any interpreter (and if
so, the language that the interpreter will be required to interpret).
(5) A
defence case statement must be in the form of a written statement verified by
declaration (which may form part of the statement and must be signed by the
defendant personally or be signed by a legal practitioner representing the
defendant or, in the case of a body corporate, by a legal practitioner
representing the body corporate) and complying with any other requirements
prescribed by the regulations.
(6) The obligation to
disclose information or material of a kind that is required to be included in
a case statement under this section is ongoing until—
(a) the
defendant is convicted or acquitted of the offence; or
(b) the
prosecution is terminated.
(7) In accordance with
subsection (6), if—
(a) any
information or material included in a case statement by a party subsequently
changes; or
(b) any
information or material is obtained or anything else occurs after a
case statement has been filed in a court by a party that would have been
required to be included in that party's case statement if it had been obtained
or had occurred before the case statement was so filed,
the information, material or occurrence is to be disclosed to the other party
to the proceedings as soon as practicable.
(8) If
subsection (7) applies to a defendant, the defendant may file and give to
the prosecution an updated case statement that includes the information or
material or that discloses the occurrence.
(9) The regulations
may prescribe circumstances in which the prosecution will be required to file
in the relevant superior court and give to the defendant or a legal
practitioner representing the defendant a response to the
defence case statement (or updated defence case statement) and may impose any
requirements in relation to such response.
(10) For the purposes
of this Act, any information or material provided by the prosecution to the
defence before the prosecution case statement was filed in a court will be
taken to form part of the prosecution case statement.
(11) Where proceedings
have been instituted in a superior court by the Director of Public
Prosecutions laying an information ex officio in accordance with
section 103, this section and section 124 apply in relation to those
proceedings with the modifications prescribed by the rules of the superior
court.
(12) Where 2 or more
defendants are jointly charged with an indictable offence, the prosecution and
defence case statements required in relation to the trial of each defendant in
a superior court must be given to each other defendant in accordance with any
orders made by the superior court (whether on arraignment of the defendants or
at any later time).
(13) A court may make
orders modifying the application of any requirement under this section or
section 124—
(a) in
relation to a defendant who is unrepresented; or
(b) in
relation to any party to proceedings if the court is satisfied that the
modification is necessary because of exceptional circumstances.