Tasmanian Numbered Acts

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MAGISTRATES COURT (CRIMINAL AND GENERAL DIVISION) ACT 2019 (NO. 43 OF 2019) - SECT 63

Summary offence brief to be provided
(1)  In proceedings for a summary offence, the prosecutor is to provide to the defendant a summary offence brief relating to that offence if the defendant has pleaded not guilty to the charge for the offence at any attendance before the Court or by filing a written plea.
(2)  The prosecutor is to provide the summary offence brief to the defendant at least 28 days before –
(a) the case management hearing; or
(b) if a case management hearing is not held, the hearing of the charge for the summary offence.
(3)  On the application of the defendant or the prosecutor, the Court, by order, may vary the day by which the summary offence brief is to be provided under subsection (2) , whether that day as so varied is before or after the day specified under that subsection.
(4)  On the application, in proceedings where a case management hearing is to be held, of the defendant or the prosecutor made before the day by which the summary offence brief is to be provided under subsection (2) , the Court, by order, may vary the information, documents and things which are required to be included in the summary offence brief by removing any information, document or thing.
(5)  If the Court under subsection (4) has removed any information, document or thing from the information, documents and things that would otherwise have been required to be provided to the defendant, the prosecutor is to provide that removed information, document or thing to the defendant not later than 28 days before the hearing of the charge for the offence, unless the Court orders otherwise.



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