NCJ Number
191629
Journal
Judicial Officers' Bulletin Volume: 13 Issue: 6 Dated: July 2001 Pages: 41-48
Date Published
July 2001
Length
5 pages
Annotation
This article discusses the main aspects of the Criminal Procedure Amendment (Pre-Trial Disclosure) Act 2001 in New South Wales.
Abstract
The purpose of the Act is to enable the court, on a case by case basis, to impose pretrial disclosure requirements on both the prosecution and the defense, in order to reduce delays in complex criminal trials. Pretrial disclosure has significant benefits for the parties involved in a case, the courts, and the criminal justice system generally. It enables the parties to focus on issues that are in contention, rather than having to prepare evidence in relation to issues that are not in dispute. This will result in more efficient use of court time and the time of counsel, and less inconvenience to witnesses whose evidence would not in any event be challenged. Adjournments in response to unexpected developments in the course of a trial would be minimized. Where pretrial disclosure requirements are not complied with, the court may exercise certain sanctions, including exclusion of evidence, dispensing with formal proof, adjournment, and comment to jury. Notes