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ARTICLE · 28 NOVEMBER 2019

NSW police can criminally prosecute citizens without providing evidence

These NSW laws remove the ability of defendants to properly investigate the reliability of the evidence against them.

AustraliaLitigation, Mediation & Arbitration

It is a fundamental principle of our criminal justice system that accused persons are informed of the evidence against them and have the opportunity to investigate the veracity of that material before their cases reach contested hearings or jury trials.

In New South Wales, this principle is embodied in section 183 of the Criminal Procedure Act 1986, which provides that:

"(1) If an accused person pleads not guilty to an offence, the prosecutor must, subject to section 187, serve or cause to be served on the accused person a copy of the brief of evidence relating to the offence.

(2) The brief of evidence is, unless the regulations otherwise provide, to consist of documents regarding the evidence that the prosecutor intends to adduce in order to prove the commission of the offence and is to include–

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