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).