What is the Prosecution Duty of Disclosure Obligations?
The prosecution has an ongoing duty both under the common law
and legislation to disclose all material evidence to the defence
that could be relevant to the case, regardless of whether or not it
helps the defence case or the prosecution case. In this
article, our
criminal lawyers Sydney team outline this ongoing duty
which continues at least until the conclusion of the
prosecution.
This means that the prosecution is required by law to disclose
all relevant evidence to the person accused of a crime or his or
her legal defence team except if it falls within certain
exceptions, including public interest immunity; sensitive evidence
under Part 2A of Chapter 6 of the Criminal Procedure Act; sexual
assault communications evidence under Part 5 of Chapter 6 of the
Criminal Procedure Act; or pre-recorded interviews with vulnerable
witnesses under Part 6 of Chapter 6 of the Criminal Procedure
Act.
