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CRIME AND CORRUPTION ACT 2001 - SECT 201
Commission must give evidence to defence unless court certifies otherwise
201 Commission must give evidence to defence unless court certifies otherwise
(1) This section applies if a person is charged with an offence before a court
and anything stated at, or a document or thing produced at, a commission
hearing (the
"evidence" ) is relevant evidence for the defence against the charge.
(2) On
being asked by the defendant or the defendant’s lawyer, the commission must
give the evidence to the defendant or the defendant’s lawyer unless the
court makes an order under subsection (4) .
(3) A request under subsection
(2) may generally identify evidence to be given to the defendant or
defendant’s lawyer.
(4) On application by an authorised commission officer,
the court must order that the evidence not be given to the defendant or
defendant’s lawyer if the court considers that it would be unfair to a
person or contrary to the public interest to do so.
(5) Evidence given to a
defendant or a defendant’s lawyer under subsection (2) may be used only for
the defence to the charge.
(6) A person who uses the evidence as permitted
under subsection (5) does not contravene section 202 .
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