Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 590AE

590AE possession of the prosecution

(1) For a relevant proceeding, a thing is in the
"possession of the prosecution" only if the thing is in the possession of the prosecution under subsection (2) or (3) .

(2) A thing is in the possession of the prosecution if it is in the possession of the arresting officer or a person appearing for the prosecution.

(3) A thing is also in the possession of the prosecution if—

(a) the thing is in the possession of—

(i) for a prosecution conducted by the director of public prosecutions—the director; or

(ii) for a prosecution conducted by the police service—the police service; and

(b) the arresting officer or a person appearing for the prosecution—

(i) is aware of the existence of the thing; and

(ii) is, or would be, able to locate the thing without unreasonable effort.