Disclosure by prosecutor

12 Initial disclosure

(1)

At the commencement of criminal proceedings, or as soon as practicable after that time, and in any event not later than the applicable date, the prosecutor must disclose the following information to the defendant:

(aa)

a copy of the charging document; and

(a)

a summary that is sufficient to fairly inform the defendant of the facts on which it is alleged that an offence has been committed and the facts alleged against the defendant; and

(b)

a summary of the defendant’s right to apply for further information under subsection (2); and

(c)

the maximum penalty, and the minimum penalty (if one is provided for), for the offence; and

(d)

a list of the defendant’s previous convictions that are known to the prosecutor; and

(e)

a list of any previous offences proved to have been committed by the defendant and of a kind to which section 284(1)(g) of the Oranga Tamariki Act 1989 applies, that are known to the prosecutor.

(2)

At any time after criminal proceedings are commenced or, in the case of a child or young person who appears in the Youth Court in relation to the commission or possible commission of an offence, at any time after that person’s first appearance in the Youth Court, the prosecutor must, if requested by the defendant in writing, as soon as is reasonably practicable disclose the following information to the defendant:

(a)

the names of any witnesses whom the prosecutor intends to call at the hearing or trial; and

(b)

a list of the exhibits that are proposed to be produced on behalf of the prosecution at the hearing or trial; and

(c)

a copy of all records of interviews with the defendant; and

(d)

a copy of all records of interviews of prosecution witnesses by a law enforcement officer that contain relevant information; and

(e)

a copy of job sheets and other notes of evidence completed or taken by a law enforcement officer that contain relevant information; and

(f)

a copy of any records of evidence produced by a testing device that contain relevant information; and

(g)

a copy of any diagrams and photographs made or taken by a law enforcement officer that contain relevant information and are intended to be introduced as evidence as part of the case for the prosecution; and

(h)

a video copy of any video interview with the defendant; and

(i)

a copy of relevant records concerning compliance with the New Zealand Bill of Rights Act 1990; and

(j)

a copy of any statement made by, or record of an interview with, a co-defendant in any case where the defendants are to be proceeded against together for the same offence; and

(k)

a list of any information described in paragraphs (a) to (j) that the prosecutor refuses under section 15, 16, 17, or 18 to disclose to the defendant, together with—

(i)

the reason for the refusal; and

(ii)

if the defendant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 16, 17, or 18 and (in the case of the interests protected by section 18) there is no overriding public interest.

(3)

This section does not apply to a defendant who is charged with an infringement offence as defined in section 2(1) of the Summary Proceedings Act 1957.

(4)

In this section, applicable date means—

(a)

the date that is 15 working days after the commencement of criminal proceedings:

(b)

in the case of a child or young person who is required to appear in the Youth Court in relation to the commission or possible commission of an offence, the date on which that person first appears in that court:

(c)

any later date that the court or Registrar allows, on application by the prosecutor, for the purposes of disclosure under this section.

Section 12(1)(aa): inserted, on 1 July 2013, by section 4 of the Criminal Disclosure Amendment Act 2011 (2011 No 86).

Section 12(1)(b): amended, on 1 July 2013, by section 8 of the Criminal Disclosure Amendment Act 2011 (2011 No 86).

Section 12(1)(e): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 12(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 12(3): amended, on 1 July 2013, by section 8 of the Criminal Disclosure Amendment Act 2011 (2011 No 86).

Section 12(4)(a): amended, on 1 July 2013, by section 8 of the Criminal Disclosure Amendment Act 2011 (2011 No 86).

Section 12(4)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).