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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 590AL](iii) the prosecution must give the accused personwritten notice of the thing under section590AOA(2) and, apart from section 590AOA, theprosecution would have to give the person a copyof the thing on request under section 590AJ(2).(2) The prosecution must give the accused person the particulars,copy or notice as soon as practicable after the request is made.590AL Ongoing obligation to disclose(1) If the prosecution can not comply with a time requirementbecause the thing to be disclosed was not in the possession ofthe prosecution in sufficient time, including, for example,because the thing did not exist at the time, the prosecutionmust disclose the thing to the accused person as soon aspracticable after it comes into the possession of theprosecution.(2) The obligation to disclose a thing, other than an exculpatorything, to the accused person continues despite a failure tocomply with a time requirement or subsection (1) until theprosecution ends, whether by the accused person beingdischarged, acquitted or convicted, or in another way.(3) If a thing is an exculpatory thing, the obligation to disclose itto the accused person continues despite a failure to complywith a time requirement or subsection (1) until 1 of thefollowing happens—(a) the accused person is discharged or acquitted;(b) the accused person dies.(4) In this section—time requirement means a requirement under section 590AIor 590AK.Current as at 1 December 2014 Page 373

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