Disclosure
Disclosure by accused generally not required - although note exceptions for notice of alibi (s 590A Criminal Code) and for expert evidence (s 590B Criminal Code).
Disclosure by prosecution generally required for a fair trial - see the statutory obligations in ss 590AAA-590AX Criminal Code.
Specifically s 590AB(2): full and early disclosure required of:
(a) all evidence to be used
(b) all things in the possession of the prosecution that would tend to help the case for the accused. See, eg. R v Button [2001] QCA 133 - prosecution failed to have tests done on DNA evidence because it was not essential to the Crown case.
Section 590AE(3): In the possession of the prosecution includes things of which the arresting officer or prosecutor is aware and has or would be able to locate without unreasonable effort.
Section 590AH: Mandatory disclosure including - bench charge sheet/indictment, accused's criminal history, copy of any statement by accused, copies of statements of proposed witnesses, copies of any report of any test/forensic procedure.
Section 590AJ: Disclosure required on request - copy of criminal history of proposed witness, and/or a copy of any statement of a relevant person/any other relevant thing in the possession of the prosecution on which the prosecution does not intend to rely (see R v Rollason & Jenkins; ex parte A-G(Qld) [2007] QCA 65).
Section 590AO-590AQ: Qualifications for sensitive material and witness contact details and where disclosure would be contrary to the public interest.
Section 590AV: The Court can make a direction for disclosure of its own initiative or upon application.
Disclosure by prosecution generally required for a fair trial - see the statutory obligations in ss 590AAA-590AX Criminal Code.
Specifically s 590AB(2): full and early disclosure required of:
(a) all evidence to be used
(b) all things in the possession of the prosecution that would tend to help the case for the accused. See, eg. R v Button [2001] QCA 133 - prosecution failed to have tests done on DNA evidence because it was not essential to the Crown case.
Section 590AE(3): In the possession of the prosecution includes things of which the arresting officer or prosecutor is aware and has or would be able to locate without unreasonable effort.
Section 590AH: Mandatory disclosure including - bench charge sheet/indictment, accused's criminal history, copy of any statement by accused, copies of statements of proposed witnesses, copies of any report of any test/forensic procedure.
Section 590AJ: Disclosure required on request - copy of criminal history of proposed witness, and/or a copy of any statement of a relevant person/any other relevant thing in the possession of the prosecution on which the prosecution does not intend to rely (see R v Rollason & Jenkins; ex parte A-G(Qld) [2007] QCA 65).
Section 590AO-590AQ: Qualifications for sensitive material and witness contact details and where disclosure would be contrary to the public interest.
Section 590AV: The Court can make a direction for disclosure of its own initiative or upon application.