South Australian Numbered Acts

STATUTES AMENDMENT (CRIMINAL PROCEDURE) ACT 2005 (NO 74 OF 2005) - SECT 11

11—Insertion of section 10A

After section 10 insert:

10A—Disclosure of information to Director

        (1)         A police officer in charge of the investigation of an indictable offence (the "chief investigator") has a duty to disclose to the Director all documentary material collected or created in the course of the investigation that might reasonably be expected to assist the case for the prosecution or the case for the defence.

        (2)         The chief investigator must, when so required by the Director, provide the Director with—

            (a)         a list, certified by the chief investigator, of all documentary material so far collected or created in the course of the investigation that might reasonably be expected to assist the case for the prosecution or the case for the defence; and

            (b)         copies of documentary material referred to in the list.

        (3)         The duty of disclosure under subsection (1)—

            (a)         extends to material that would be exempt from production in court because it is protected by privilege or for any other reason; and

            (b)         continues until the termination date.

        (4)         The chief investigator must ensure that all material disclosed, or liable to disclosure, under subsection (1), is retained until the termination date.

        (5)         The chief investigator must, at the request of the Director, provide the Director with copies of specified documentary material collected or created in the course of the investigation that is not liable to disclosure under subsection (1).

        (6)         Copies of documentary material to be provided under this section may be provided in electronic form.

        (7)         A police officer must not, without good and sufficient cause, fail to carry out a duty under this section promptly and diligently.

        (8)         The police officer in charge of the investigation of an indictable offence will, for the purposes of this section, be the police officer appointed by the Commissioner for that purpose.

        (9)         In this section—

"termination date" means the date when—

            (a)         the Director decides that the person suspected of having committed the alleged offence not be prosecuted for the offence; or

            (b)         the prosecution is terminated; or

            (c)         the accused person is convicted or acquitted, and all rights of appeal have expired or been exhausted.