CHAPTER THREE
Procedure

PART VI
INDICTABLE TRIALS

SUB-PART A
THE TRIAL

Disclosure by Prosecutor and Accused

Disclosure by the prosecutor
908.— (1) Subject to any guidelines as may from time to time be issued by the Director of Public Prosecutions, at the trial of any indictable offence the prosecutor shall —
(a) disclose to the accused any prosecution material which has not previously been disclosed to the accused and which in the opinion of the prosecutor might undermine the case for the prosecutor against the accused; or
(b) give to the accused a written statement that there is no material of a description mentioned in paragraph (a).

(2) For the purposes of this section prosecution material is material —
(a) which is in the prosecutor’s possession and which came into his or her possession in connection with the case for the prosecution against the accused;
(b) which he or she has inspected in connection with the case for the prosecution against the accused.

(3) Where the material consists of information which has been recorded in any form, the prosecutor discloses it for the purposes of this section —
(a) by ensuring that a copy is made of it and that the copy is given to the accused; or
(b) if in the prosecutor’s opinion it is not practicable or not desirable to make a copy, by allowing the accused to inspect it at a reasonable time and place or by taking steps to ensure that he or she is allowed to do so;
and a copy may be in such form as the prosecutor thinks fit and need not be in the same form as that in which the information has already been recorded.

(4) Where the material consists of information which has not been recorded, the prosecutor discloses it for the purposes of this section by ensuring that it is recorded in such form as he or she thinks fit and —
(a) by ensuring that a copy is made of it and that the copy is given to the accused; or
(b) if in the prosecutor’s opinion it is not practicable or not desirable, by allowing the accused to inspect it at a reasonable time and place or by taking steps to ensure that he or she is allowed to do so.

(5) Where the material does not consist of information, the prosecutor discloses it for the purpose of this section by allowing the accused to inspect it at a reasonable time and place or by taking steps to ensure that he or she is allowed to do so.

(6) Material shall not be disclosed under this section to the extent that the Court, on an application by the prosecutor, concludes that it is not in the public interest to disclose it and orders accordingly.

(7) For the purposes of this section, if the prosecution intends to adduce evidence of an expert witness, it shall disclose any material relating to the evidence of the expert witness, which may include but not be limited to —
(a) a Coroner’s report or postmortem report;
(b) any certificate of analysis;
(c) any ballistic or armourers’ report;
(d) any medical or psychiatric report.

(8) The prosecutor shall make a disclosure as soon as is reasonably practicable after the accused is committed for trial or as soon as is practicable after the accused gives a defence statement or, where the Court makes an order under section 910, within such time as the Court may specify in that order.

CHAPTER THREE
Procedure

PART VI
INDICTABLE TRIALS

SUB-PART A
THE TRIAL

Disclosure by Prosecutor and Accused

Application by accused for disclosure
910.— (1) If the accused has at any time reasonable cause to believe that —
(a) there is prosecution material which might be reasonably expected to assist the accused’s defence as disclosed by the defence statement given under section 909; and
(b) the material has not been disclosed to the accused;
the accused may apply to the Court for an order requiring the prosecutor
to disclose such material to the accused in accordance with section 913.

(2) For the purpose of this section prosecution material has the same meaning as in section 913.


Continuing duty of prosecutor to disclose
911.— Subject to subsection (8) of section 913, the duty of the prosecutor to disclose arises from the commencement of the trial to its conclusion.

Article 67
Rights of the accused
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.