Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 590AH

590AH Disclosure that must always be made

(1) This section applies—

(a) without limiting the prosecution’s obligation mentioned in section 590AB (1) ; and

(b) subject to section 590AC (1) (a) and chapter subdivision D.

(2) For a relevant proceeding, the prosecution must give the accused person each of the following—

(a) a copy of the bench charge sheet, complaint or indictment containing the charge against the person;

(b) a copy of the accused person’s criminal history in the possession of the prosecution;

(c) a copy of any statement of the accused person in the possession of the prosecution;

(d) for each proposed witness for the prosecution who is, or may be, an affected child—a written notice naming the witness and describing why the proposed witness is, or may be, an affected child;

(e) for each proposed witness for the prosecution other than a proposed witness mentioned in paragraph (d) —

(i) a copy of any statement of the witness in the possession of the prosecution; or

Example—

a statement made by a proposed witness for the prosecution in an audio recording of an interview

(ii) if there is no statement of the witness in the possession of the prosecution—a written notice naming the witness;

(f) if the prosecution intends to adduce evidence of a representation under the Evidence Act 1977 , section 93B , a written notice stating that intention and the matters mentioned in section 590C (2) (b) to (d) ;

(g) a copy of any report of any test or forensic procedure relevant to the proceeding in the possession of the prosecution;

Example—

DNA, fingerprint or another scientific identification procedure

(h) a written notice describing any test or forensic procedure, including a test or forensic procedure that is not yet completed, on which the prosecution intends to rely at the proceeding;

(i) a written notice describing any original evidence on which the prosecution intends to rely at the proceeding;

(j) a copy of anything else on which the prosecution intends to rely at the proceeding;

(k) a written notice or copy of anything else in possession of the prosecution prescribed under a regulation.

(3) Also, for a relevant proceeding or a summary proceeding under the Justices Act 1886 for an accused person who is charged with a domestic violence offence, the prosecution must give the accused person a copy of the person’s domestic violence history in the possession of the prosecution.

(4) In this section—

"domestic violence history" , of a person, means a document that states—

(a) each of the following, within the meaning of the Domestic and Family Violence Protection Act 2012 —

(i) a domestic violence order or recognised interstate order made against the person;

(ii) a police protection notice issued against the person; and

(b) each domestic violence order made against the person under the repealed Domestic and Family Violence Protection Act 1989 .

"domestic violence offence" includes an offence against the Domestic and Family Violence Protection Act 2012 , part 7 .

Example—

See also the definition of
"domestic violence offence" in section 1 .