Document ID: chunk:federal_register_of_legislation:C2024C00819:section:23ch:p1
Version: federal_register_of_legislation:C2024C00819
Segment Type: section
Provision Reference: s 23CH (pt 1/2)
Character Range: 109752–112491

23CH  Ongoing disclosure obligations
 (1) If the Court makes an order under subsection 23CD(1) requiring ongoing disclosure in accordance with this section:
 (a) the accused's ongoing disclosure obligations are set out in subsection (2); and
 (b) the prosecutor's ongoing disclosure obligations are set out in subsections (4) and (5).

Accused's ongoing disclosure obligations
 (2) If, contrary (or in addition) to the accused's response under section 23CF, the accused later:
 (a) no longer takes issue with, or no longer contests, something set out in the notice of the prosecution's case; or
 (b) takes issue with something set out in the notice of the prosecution's case on an alternate or additional basis to the basis set out in the accused's response; or
 (c) no longer requires the prosecution to do something, or to ensure that something is done; or
 (d) agrees or accepts, or consents to, something set out in the notice of the prosecution's case; or
 (e) obtains a report, relevant to the trial, that has been prepared by an expert witness whom the accused proposes to call at the trial;
the accused must notify this to the prosecutor. When giving notice of a report by an expert witness, the accused must include a copy of the report.
Note: The order may specify the time within which the accused must notify this to the prosecutor (see section 23CD).

Prosecution's ongoing disclosure obligations
 (4) If, contrary (or in addition) to the prosecution's response under section 23CG, the prosecutor later:
 (a) no longer contests something set out in the accused's response; or
 (b) no longer requires the accused to do something, or to ensure that something is done; or
 (c) agrees or accepts, or consents to, something set out in the accused's response; or
 (d) obtains a report, relevant to the trial, that has been prepared by an expert witness whom the prosecution proposes to call at the trial;
the prosecutor must notify this to the accused as soon as practicable. When giving notice of a report by an expert witness, the prosecutor must include a copy of the report.
Note: The order may specify the time within which the prosecutor must notify this to the accused (see section 23CD).
 (5) After giving the prosecution's response under section 23CG, the prosecutor must give the accused:
 (a) a copy or details of any additional information, document or other thing in the prosecutor's possession that the prosecutor reasonably believes contains evidence that may be relevant to the accused's case; and
 (b) if the prosecutor reasonably believes information in the prosecutor's possession suggests the existence of evidence that may be relevant to the accused's case—a copy or details of so much of that information as is