Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 590AS

590AS Viewing particular original evidence—generally

(1) This section applies if a thing that is original evidence, and is not the body of a deceased person, sensitive evidence, an Evidence Act section 93A device statement or a recorded statement, is disclosed to an accused person under section 590AH (2) (i) or 590AJ .

Example—

1 For the viewing of original evidence that is the body of a deceased person, see section 590ASA .

2 For the viewing of original evidence that is sensitive evidence, see section 590AO (2) (f) , (3) and (4) .

(2) The prosecution is not required to allow the accused person to view or examine the thing for the relevant proceeding other than as required under this section.

(3) The prosecution may, on request, allow an appropriate person to view or examine the thing for the purposes of the relevant proceeding—

(a) under the supervision of the prosecution; and

(b) subject to any other conditions the prosecution considers appropriate to protect the integrity of the thing.

(4) Also, 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 to protect the integrity of the thing.

(5) The court may make the direction only if the court is satisfied the terms of the direction can ensure the integrity of the thing is protected.

(6) 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.

"body" see the Coroners Act 2003 , schedule 2 .