Australian Capital Territory Current Acts

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CRIMES (SENTENCING) ACT 2005 - SECT 61O

Disclosure of criminal intelligence to offender

    (1)     This section applies if—

        (a)     criminal intelligence is proposed to be used in a proceeding for the sentencing of an offender for a schedule offence; and

        (b)     the director of public prosecutions does not withdraw the intelligence.

    (2)     The court must hear submissions from the director of public prosecutions and the defence about whether access to the criminal intelligence should be given to the defence.

    (3)     If the court is satisfied that the defence must be given access to the criminal intelligence, the court may order access to the intelligence in a form and on any condition the court considers appropriate.

    (4)     However, if the director of public prosecutions objects to access being given to the defence or the form or any condition of that access, the director may withdraw the information from the proceeding before the defence has access to the intelligence.

    (5)     In this section:

"defence" means—

        (a)     any lawyer representing the offender; or

        (b)     if the offender is not legally represented—the offender.



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