Western Australian Current Acts Western Australian Current Acts (1) In this section,
unless the contrary intention appears —
confessional material of an accused charged with
an offence, means —
(a) a
copy of any material referred to in the definition of confessional material in
section 35; and
(b) a
copy of any electronic recording, other than a recording that is part of the
material referred to in paragraph (a), of a conversation between the accused
and a person in authority that is relevant to the charge and that is in the
possession of the organisation that investigated the offence; and
(c) if
the accused said anything that is relevant to the charge to a person employed
in the organisation that investigated the offence and that was not so
recorded, a written version of the substance of what was said;
evidentiary material relevant to a charge, means
—
(a) a
copy of —
(i)
every statement that has been made in accordance with
Schedule 3 clause 4 by; and
(ii)
every recording that has been made in accordance with
Schedule 3 clause 6 of evidence given by; and
(iii)
every recording that has been made under the Evidence
Act 1906 of; and
(iv)
every other recorded statement, whether oral or written,
by,
any person who may be
able to give evidence that is relevant to the charge, irrespective of whether
or not it assists the prosecutor’s case or the accused’s defence;
and
(b) if
there is no statement or recording referred to in paragraph (a) of a person
who the prosecutor intends to call as a witness, a written summary of the
evidence to be given by the person; and
(c) a
copy of any document or object to which a statement or recording referred to
in paragraph (a) refers; and
(d) a
copy of every other document or object that the prosecutor intends to tender
in evidence at trial; and
(e) a
copy of every other document or object that may assist the accused’s
defence,
that is in the possession of the organisation or
person who investigated the offence;
serve an accused, means to serve the accused in
accordance with Schedule 2 clause 2, 3 or 4.
(2) A requirement
under this section to serve evidentiary material includes a requirement
—
(a) if
it is not practicable to copy a document or object referred to in paragraph
(c), (d) or (e) of the definition of evidentiary material in subsection (1)
— to serve a notice that describes it and states where and when it can
be inspected;
(b) if a
copy of a statement or recording of a person is served — to also serve a
copy of any statement or recording of the person that contains material that
is inconsistent with that statement or recording;
(c) to
serve notice of the name and, if known, the address of any person from whom no
statement or recording of the kind referred to in paragraph (a) of the
definition of evidentiary material has been obtained but who the prosecutor
thinks may be able to give evidence that may assist the accused’s
defence and a description of the evidence concerned.
(3) The operation of
this section is subject to section 137A and any order made under section 138,
whether in relation to a requirement of this section or a requirement of
section 35.
(4) This section does
not affect the operation of the Criminal Investigation Act 2006 section 117.
(5) As soon as
practicable after a charge is adjourned under section 41(4), the prosecutor
must serve the accused with the following —
(a) any
confessional material of the accused that is relevant to the charge and that
the accused has not already received from the prosecutor;
(b) any
evidentiary material that is relevant to the charge;
(c) any
other document that is prescribed.
(6) If, after
complying with subsection (5) and before the charge is finally dealt with, the
prosecutor receives or obtains —
(a)
confessional material or additional confessional material that is relevant to
the charge; or
(b)
additional evidentiary material that is relevant to the charge; or
(c) any
statement or recording described in subsection (2)(b); or
(d) the
name or address of a person described in subsection (2)(c),
the prosecutor must
serve it or a copy of it on the accused as soon as practicable.
[Section 42 amended: No. 59 of 2006 s. 44; No. 5
of 2008 s. 42.]