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03related terms
May 2026reviewed
In detail
How disclosure works in practice.
Disclosure is the process by which the prosecution provides the accused and their lawyer with all relevant materials before the matter is heard. The obligation extends beyond the evidence the prosecution intends to lead at hearing; it includes any material in the prosecution's possession that is reasonably capable of assisting the accused's defence. In Victoria, disclosure obligations are set out in the Criminal Procedure Act 2009. Failure to comply with disclosure can be raised as a ground for an adjournment, an application to exclude evidence, or, in serious cases, a stay of proceedings.
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