42. Continuing obligation of disclosure

42. Continuing obligation of disclosure

(1) This section applies to any information, document or thing that-

(a) comes into the informant's possession or comes to the informant's notice after the service of a preliminary brief or a full brief, as the case may be; and

(b) would have been required to be listed, or a copy of which would have been required to be served, in the preliminary brief or the full brief.

(2) The informant must serve on the accused a copy of the document or list as soon as practicable after the information, document or thing comes into the informant's possession or comes to the informant's notice.

(3) If the informant refuses to disclose any information, document or thing that is required to be disclosed under this section, the informant must serve on the accused as soon as practicable a written notice that the informant refuses disclosure under section 45, identifying the ground for refusing disclosure.

Note

See section 416 as to the prosecution's general obligation of disclosure.