New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 281D

281D Procedures for giving access to sensitive evidence to accused person

(1) If, but for this Part, a prosecuting authority would be required, in or in connection with any criminal investigation or criminal proceedings, to provide a copy of a thing to an accused person, and the prosecuting authority does not give a copy of the thing to the accused person as a result of this Part, the prosecuting authority must give the accused person a written notice (a
"sensitive evidence notice" ) that complies with this section.

(2) The sensitive evidence notice must--

(a) describe the thing that the prosecuting authority considers to be sensitive evidence, and

(b) indicate that, as the prosecuting authority considers the thing to be sensitive evidence, the prosecuting authority is not required to give the accused person a copy of the thing, and

(c) indicate that the accused person will not be given a copy of the thing, and

(d) contain information to the effect that the accused person is entitled to view or listen to the thing at a place nominated by the prosecuting authority and under the supervision of the prosecuting authority, and

(e) set out the name and contact details of the person who is responsible for arranging the viewing of, or listening to, the thing on behalf of the prosecuting authority.

(3) After receiving a sensitive evidence notice, the accused person may give the prosecuting authority a written notice (an
"access request notice" ) that indicates that the accused person requires access to the thing.

(4) The prosecuting authority must, as soon as practicable after receiving an access request notice, give the accused person, and any other person who has been engaged to assist with the accused person's case, reasonable access to the thing so as to enable them to view or listen to (but not copy) the thing. This may require access to be given on more than one occasion.

(5) The prosecuting authority may require any such access to take place subject to such conditions as the prosecuting authority considers appropriate to ensure that there is no unauthorised reproduction or circulation of the thing and that the integrity of the thing is protected.

(6) Without limiting subsection (5), the prosecuting authority may require any such access to take place under the supervision of the prosecuting authority or a person assisting the prosecuting authority.

(7) A person who is given access to a thing by a prosecuting authority under this section must not, without the authority of the prosecuting authority--

(a) copy, or permit a person to copy, the thing, or

(b) give the thing to another person, or

(c) remove the thing from the custody of the prosecuting authority.

: Maximum penalty--100 penalty units, or 2 years imprisonment, or both.

(8) The Attorney General may approve the form of any notice to be used for the purposes of this section.