Western Australian Current Acts Western Australian Current Acts (1) In this section,
unless the contrary intention appears —
disclosure requirement means a requirement imposed
on a party by section 95 or 96 and any order made under section 138.
(2) If before or at a
trial on indictment the court is satisfied that a party has not obeyed a
disclosure requirement, the court, on the application of a party affected by
the breach, may adjourn the trial for a period that allows enough time —
(a) if
necessary, for the party in breach of the requirement to obey it; and
(b) for
a party affected by the breach to investigate properly any evidence or other
matter disclosed in accordance with the requirement and to obtain any evidence
that may be necessary as a result of the disclosure,
or, if the trial is a
trial by jury, may discontinue the trial, discharge the jury from giving its
verdict and adjourn the prosecution.
(3) On any resumption
of a trial adjourned under subsection (2) a party affected by the breach
—
(a) may
require a person who has given evidence in the trial, including the accused,
to be recalled as a witness; and
(b) may
cross-examine or further cross-examine the person about the evidence or other
matter disclosed in accordance with the disclosure requirement; and
(c) may
adduce evidence in rebuttal of the evidence or other matter disclosed in
accordance with the disclosure requirement.
(4) The failure by a
party to obey a disclosure requirement may be the subject of adverse comment
to the jury by the judge, the accused or the prosecutor.