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CRIMINAL LAW CONSOLIDATION (CHILD PORNOGRAPHY) AMENDMENT ACT 2004 (NO 52 OF 2004) - SECT 10

10—Amendment of section 104—Preliminary examination of charges of indictable offences

        (1)         Section 104(1)(a)(ii)—delete subparagraph (ii) and substitute:

                  (ii)         copies of any documents on which the prosecutor relies as tending to establish the guilt of the defendant (other than documents that are, in the opinion of the prosecutor, of a pornographic nature or of only peripheral relevance to the subject matter of the charge);

        (2)         Section 104(1)(a)(iii)—delete "(including documents of peripheral relevance that have not been filed in the Court)" and substitute:

(including documents that have not been filed in the Court because of their pornographic nature or their peripheral relevance to the subject matter of the charge)

        (3)         Section 104—after subsection (4) insert:

        (5)         If the prosecutor relies on pornographic material as tending to establish the guilt of the defendant—

            (a)         the prosecutor must, at least 14 days before the date appointed for the defendant's appearance to answer the charge, inform the defendant of the nature of the material and appoint a time and place for inspection of the material by the defendant, the defendant's legal representative and any person who may be called to give expert evidence for the defendant; and

            (b)         ensure that the material is available for inspection at the appointed time and place (but the time and place of inspection may be modified by agreement).



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