Published by Geoff Harrison | 13 January 2025
Other Sources:
Cases:
Extracted Legislation:
CRIMINAL PROCEDURE ACT 1986 - SECT 187
When brief of evidence need not be served
(1) The court may order that all or part of the copy of the brief of evidence need not be served if it is satisfied--
(a) that there are compelling reasons for not requiring service, or
(b) that it could not reasonably be served on the accused person.
(2) The court may make an order under this section on its own initiative or on the application of any party.
(3) An order may be made subject to any conditions that the court thinks fit.
(4) Without limiting any other power to adjourn proceedings, the court may grant one or more adjournments, if it appears to it to be just and reasonable to do so, if the copy of the brief of evidence is not served in accordance with this Division. For that purpose, the court may extend the time for service of the brief of evidence.
(5) A prosecutor is not required to serve a brief of evidence in proceedings for an offence of a kind, or proceedings of a kind, prescribed by the regulations.
CRIMINAL PROCEDURE ACT 1986 - SECT 188
Evidence not to be admitted
(1) The court must refuse to admit evidence sought to be adduced by the prosecutor in respect of an offence if, in relation to that evidence, this Division or any rules made under this Division have not been complied with by the prosecutor.
(2) The court may, and on the application of or with the consent of the accused person must, dispense with the requirements of subsection (1) on such terms and conditions as appear just and reasonable.
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