11.07.2015 Views

Criminal Code Act 1899 - Queensland Legislation

Criminal Code Act 1899 - Queensland Legislation

Criminal Code Act 1899 - Queensland Legislation

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Schedule 1 The <strong>Criminal</strong> <strong>Code</strong>Part 8 ProcedureChapter 62 Trial—adjournment—pleas— practice[s 590AB]directed person would be required to admit to the failure tocomply.(7) However, the affidavit or evidence is not admissible againstthe directed person in a criminal proceeding or a proceedingfor contempt.(8) Subsection (7) does not stop the affidavit or evidence frombeing admissible against the person—(a) in a perjury proceeding in relation to the affidavit orevidence; or(b) for the purposes of making an order under subsection(4).(9) In this section—direction includes ruling.perjury proceeding, in relation to an affidavit or evidence,means a proceeding in which the falsity or misleading natureof the affidavit or evidence is relevant.Chapter division 3Disclosure by the prosecutionChapter subdivision A Preliminary provisions590AB Disclosure obligation(1) This chapter division acknowledges that it is a fundamentalobligation of the prosecution to ensure criminal proceedingsare conducted fairly with the single aim of determining andestablishing truth.(2) Without limiting the scope of the obligation, in relation todisclosure in a relevant proceeding, the obligation includes anongoing obligation for the prosecution to give an accusedperson full and early disclosure of—Current as at 1 December 2014 Page 363

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