South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 134

134—Power to require notice of intention to adduce certain kinds of evidence

        (1)         A court before which a defendant is to be tried on information may, on application by the prosecutor, require the defence to give the prosecution written notice of an intention to introduce evidence of any of the following kinds:

            (a)         evidence tending to establish that the defendant was mentally incompetent to commit the alleged offence or is mentally unfit to stand trial;

            (b)         evidence tending to establish that the defendant acted for a defensive purpose;

            (c)         evidence of provocation;

            (d)         evidence of automatism;

            (e)         evidence tending to establish that the circumstances of the alleged offence occurred by accident;

            (f)         evidence of necessity or duress;

            (g)         evidence tending to establish a claim of right;

            (h)         evidence of intoxication.

        (2)         Before making an order under this section, the court must satisfy itself that—

            (a)         the prosecution has provided the defence with the prosecution case statement in accordance with section 123; and

            (b)         the prosecution has no existing, but unfulfilled, obligations of disclosure to the defence.

        (3)         Non-compliance with a requirement under subsection (1) does not render evidence inadmissible but the prosecutor or the judge (or both) may comment on the non-compliance to the jury.

        (4)         A court before which a defendant is to be tried on information may require the defence to notify the prosecutor, in writing, whether the defendant consents to dispensing with the calling of prosecution witnesses proposed to be called to establish the admissibility of specified intended evidence of any of the following kinds:

            (a)         documentary, audio, visual, or audiovisual evidence of surveillance or interview;

            (b)         other documentary, audio, visual or audiovisual evidence;

            (c)         exhibits.

        (5)         If the defence fails to comply with a notice under subsection (4), the defendant's consent to the tender of the relevant evidence for purposes specified in the notice will be conclusively presumed.



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