Document ID: chunk:federal_register_of_legislation:C2024C00819:section:23cg
Version: federal_register_of_legislation:C2024C00819
Segment Type: section
Provision Reference: s 23CG
Character Range: 107637–109752

23CG  Prosecutor's response to accused's response
  The notice of the prosecution's response to matters contained in the accused's response must include the following:
 (a) notice as to whether the prosecutor requires the accused to prove:
 (i) the continuity of handling of any specified exhibits; or
 (ii) the accuracy of any specified exhibits that are transcripts, summaries or charts;
  that were notified to the prosecutor by the accused under section 23CF;
 (b) in relation to each report given under paragraph 23CF(1)(k), notice as to:
 (i) whether the prosecutor accepts or contests the opinions expressed in the report; and
 (ii) whether the report can be tendered at trial without the expert being called as a witness at the trial;
 (c) any consent that the prosecutor gives under section 190 of the Evidence Act 1995 in relation to:
 (i) any evidence notified under section 23CF as evidence proposed to be adduced by the accused; or
 (ii) any other evidence relating to the trial;
 (d) notice of any fact that the prosecutor agrees to as an agreed fact for the purposes of section 191 of the Evidence Act 1995 at the trial;
 (e) 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;
 (f) if the prosecutor reasonably believes additional 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 necessary to suggest that existence;
 (g) a list identifying:
 (i) any additional information, document or other thing not in the prosecutor's possession that the prosecutor reasonably believes contains evidence that may be relevant to the accused's case; and
 (ii) for each item of information, and each document or other thing, a place where the prosecutor reasonably believes the item, document or thing to be;
and may include other matters.
Note: Information and things do not need to be disclosed more than once (see section 23CK).