New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 281I

281I Procedure for dealing with terrorism evidence

(1) If, but for this Part, a prosecuting authority would be required, in or in connection with any criminal investigation or criminal proceedings, to give to an accused person any thing designated by the prosecuting authority as terrorism evidence, the prosecuting authority must--

(a) identify the thing that has been designated as terrorism evidence in a written notice (a
"terrorism evidence notice" ), and

(b) serve the notice on--

(i) in the case of an unrepresented accused person--the accused person, or

(ii) in the case of an accused person represented by an Australian legal practitioner--the Australian legal practitioner.

(2) A terrorism evidence notice must also contain the following information--

(a) that the prosecuting authority is not required to, and will not, give the accused person a copy of designated terrorism evidence,

(b) that an unrepresented accused person may view or listen to the designated terrorism evidence at a place nominated by the prosecuting authority and under the supervision of the prosecuting authority,

(c) the name and contact details of the person responsible for arranging for the unrepresented accused person to view or listen to the designated terrorism evidence on behalf of the prosecuting authority,

(d) that the prosecuting authority will give an Australian legal practitioner representing the accused person a copy of the designated terrorism evidence but the Australian legal practitioner is not to allow the accused person to view or listen to the evidence except under the supervision of the Australian legal practitioner,

(e) that it is an offence for an accused person to be in possession of designated terrorism evidence and for an Australian legal practitioner to give possession of designated terrorism evidence to the accused person.