Page 3724 - Week 10 - Tuesday, 26 August 2008
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(2) Within the period, prescribed under the rules, before the date set for the committal hearing, the informant must serve the following documents on the accused person:
(a) a copy of the written statements that the informant proposes to tender at the hearing;
(b) for each exhibit identified in the statements—a copy of the exhibit or a notice relating to inspection of it.
(3) A copy of the documents served must be filed in the court within the period prescribed under the rules.
(4) Before the committal hearing, the accused person or the person’s lawyer may ask the informant to allow the accused person or the person’s lawyer to—
(a) inspect the exhibits mentioned in the notice (if any) served on the accused person under subsection (2) (b); and
(b) if a statement is in the form of a transcript of a recording as mentioned in section 90AA (3A)—listen to or view the recording.
(5) The informant must comply with a request under subsection (4).
(6) Subsection (4) (b) does not entitle the accused person or the person’s lawyer to be given or make a copy of the recording.
6
Schedule 1
Proposed new amendment 1.71A
Page 24, line 5—
insert
[1.71A] Section 90AA (1)
substitute
(1) If the informant has served a copy of a written statement on the accused person in accordance with section 90, the court at the committal hearing must admit the statement (and any exhibit identified in it) as evidence of the matters in it unless the statement (or exhibit) is inadmissible under this section or according to the rules of evidence.
7
Schedule 1
Amendment 1.73
Page 24, line 8—
omit amendment 1.73, substitute
[1.73] Section 90AA (10) and (11)
substitute
(10) A prosecution witness may give evidence-in-chief in person at a committal hearing only with the court’s leave.
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