Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 590AO

590AO Limit on disclosure of sensitive evidence

(1AA) This section does not apply to an Evidence Act section 93A device statement or a recorded statement.

(1) The prosecution is not, for a relevant proceeding, required under this chapter division to give the accused person a copy of a thing the prosecution reasonably considers to be sensitive evidence other than as required under this section.

(2) If—

(a) apart from this section, the prosecution would have to give the accused person a copy of the thing; and

(b) the prosecution does not give the accused person a copy of the thing;

then the prosecution must give the accused person a written notice—

(c) describing the thing; and

(d) stating that the prosecution—

(i) considers the thing to be sensitive evidence; and

(ii) is not required to give the accused person a copy of the thing other than as required under this section; and

(e) if the thing is not original evidence, stating the place where the accused person may, on request, view the thing for the purposes of the relevant proceeding; and

(f) if the thing is original evidence, stating that the prosecution may, on request, allow an appropriate person to view and examine the thing for the purposes of the relevant proceeding at a stated place—

(i) under the supervision of the prosecution; and

(ii) subject to any other conditions the prosecution considers appropriate to ensure—

(A) the thing will only be viewed and examined for a legitimate purpose connected with the relevant proceeding; and

(B) there is no unauthorised reproduction or circulation of the thing; and

(C) the integrity of the thing is protected.

(3) If the thing is original evidence, the court may direct that the prosecution allow an appropriate person to view and examine the thing for the purposes of the proceeding subject to the conditions the court considers appropriate.

(4) The court may make the direction under subsection (3) only if the court is satisfied the terms of the direction can ensure—

(a) the thing will only be viewed and examined for a legitimate purpose connected with the relevant proceeding; and

(b) there is no unauthorised reproduction or circulation of the thing; and

(c) the integrity of the thing is protected.

(5) Also, the court may direct that the prosecution give the accused person a copy of the thing (whether or not the thing is original evidence).

(6) The court may make the direction under subsection (5) only if—

(a) the accused person satisfies the court a legitimate purpose is achieved by the accused person being given a copy of the thing; and

(b) the court is satisfied the terms of the direction can ensure there is no unauthorised reproduction or circulation of the thing.

(7) If, under subsection (5) , the court directs the prosecution to give the accused person a copy of the thing, the court may also direct that the accused person return the copy of the thing to the prosecution within the period stated in the direction to the accused person.

(8) In this section—

"appropriate person" means—

(a) the accused person; or

(b) a lawyer acting for the accused person; or

(c) another person engaged by the accused person if the prosecution or court considers it is appropriate for the other person to view or examine the thing.