Western Australian Numbered Acts Western Australian Numbered Acts (1) In this section,
unless the contrary intention appears —
“alibi evidence” has the meaning given
by section 62(1);
“expert evidence material” has the
meaning given by section 62(1);
“lodge” means to lodge with the
superior court concerned;
“serve” has the meaning given by
section 62(1).
(2) The operation of
this section, other than subsection (3)(a), is subject to any order made
under section 138.
(3) Within the
prescribed period before the trial date for a charge in an indictment, the
accused must lodge and serve the following —
(a) if
the accused intends to give or adduce any alibi evidence, written notice
of —
(i)
the accused’s intention to do so;
(ii)
the details of the nature of the evidence; and
(iii)
the name of each person who the accused intends to call
to give any such evidence and the person’s address or other information
sufficient to enable the person to be located;
(b) any
expert evidence material that relates to the charge;
(c)
written notice of the factual elements of the offence that the accused may
contend cannot be proved;
(d)
written notice of any objection by the accused to —
(i)
any document that the prosecutor intends to adduce at the
trial; or
(ii)
any evidence to be given by a witness whom the prosecutor
intends to call at the trial,
and the grounds for
the objection.
(4) If, after
complying with subsection (3), an accused receives or obtains evidence,
information or material referred to in subsection (3), the accused must
lodge and serve it as soon as practicable.