New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 247E

247E Notice of prosecution case to be given to defendant

(1) The prosecutor is to give to the defendant notice of the prosecution case that includes the following--

(a) a copy of the application for any appearance order relating to the defendant,

(b) a statement of facts,

(c) a copy of the affidavit or statement (whichever is applicable) of each witness whose evidence the prosecutor proposes to adduce at the hearing of the proceedings,

(c1) in accordance with Division 3 of Part 4B of Chapter 6, a copy of any recorded statement of a witness that the prosecutor proposes to adduce at the hearing of the proceedings,

(d) a copy of each document, evidence of the contents of which the prosecutor proposes to adduce at the hearing of the proceedings,

(e) if the prosecutor proposes to adduce evidence at the hearing of the proceedings in the form of a summary, a copy of the summary or, where the summary has not yet been prepared, an outline of the summary,

(f) a copy of any exhibit that the prosecutor proposes to adduce at the hearing of the proceedings,

(g) a copy of any chart or explanatory material that the prosecutor proposes to adduce at the hearing of the proceedings,

(h) if any expert witness is proposed to be called at the hearing by the prosecutor, a copy of each report by the witness that is relevant to the case,

(i) a copy of any information, document or other thing provided by authorised officers to the prosecutor, or otherwise in the possession of the prosecutor, that may reasonably be regarded as relevant to the prosecution case or the defence case, and that has not otherwise been disclosed to the defendant,

(j) a list identifying--

(i) any information, document or other thing of which the prosecutor is aware and that would reasonably be regarded as relevant to the case but that is not in the prosecutor's possession and is not in the defendant's possession, and

(ii) the place at which the prosecutor believes the information, document or other thing is situated,

(k) a copy of any information in the possession of the prosecutor that is relevant to the reliability or credibility of a prosecution witness.

(2) The regulations may make provision for or with respect to the form and content of a statement of facts for the purposes of subsection (1) (b).

(2A) If the proceedings are for an offence under the Work Health and Safety Act 2011 , the prosecutor complies with subsection (1)(c) of this Act by giving the defendant--

(a) if the statement of a witness is in the form of information given under section 155(2)(a) of that Act--a copy of the notice issued under that section and the information, or

(b) if the statement of a witness is in the form of--

(i) a written record of evidence given under section 155(2)(c) or questions and answers under section 171(1)(c) of that Act--a copy of that written record, or

(ii) an electronic recording of evidence given under section 155(2)(c) or questions and answers under section 171(1)(c) of that Act--a copy of the transcript of the recording, or

(c) if the statement of a witness is in the form of questions and answers recorded under section 185A of that Act--a copy of the transcript of the recording.

Note--: If the same witness statement exists as both a written record of evidence, as set out in paragraph (b)(i), and an electronic recording of evidence, as set out in paragraph (b)(ii), it is intended that the prosecutor will comply with this section by providing either a copy of the written record under paragraph (b)(i) or a copy of the electronic recording under paragraph (b)(ii).

(3) In this section, an
"authorised officer" includes the following--

(a) a police officer,

(b) any person authorised by an Act in respect of which proceedings may be brought before the Supreme Court or the Land and Environment Court in its summary jurisdiction to investigate any contravention, or suspected contravention, of that Act,

(c) an inspector under the Work Health and Safety Act 2011 .