Victorian Current Acts

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JURY DIRECTIONS ACT 2015 - SECT 19

Prosecution notice of evidence to be relied on as evidence of incriminating conduct

    (1)     The prosecution must give notice of evidence of conduct that it proposes to rely on as evidence of incriminating conduct by serving on the accused and filing in court at least 28 days before the day on which the trial of the accused is listed to commence—

        (a)     a notice of intention to rely on evidence of incriminating conduct, in the form required by rules of court, if any; and

        (b)     a copy of the evidence on which the prosecution intends to rely.

    (2)     A notice under subsection (1) must be served in accordance with Part 8.3 of Chapter 8 of the Criminal Procedure Act 2009 .

    (3)     The trial judge may dispense with the requirements of subsection (1)(a) or (b) if—

        (a)     during a trial the prosecution first becomes aware of evidence of conduct that it proposes to rely on as evidence of incriminating conduct; and

        (b)     the prosecution gives oral notice to the court and the accused of its intention to rely on evidence of incriminating conduct; and

        (c)     it is in the interests of justice to dispense with those requirements.

    (4)     If under subsection (3) the trial judge dispenses with the requirement of subsection (1)(b), the prosecution must identify orally to the court and the accused the evidence of conduct that it proposes to rely on as evidence of incriminating conduct.

Note

See section 8 for extension or abridgment of time.



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