Commentary on Sections Part 6 - Disclosure Section 133 – Duty to disclose after conclusion of proceedings at first instance
613.This section applies in cases where an appeal is taken against the verdict in the first instance proceedings. Subsection (2) requires the prosecutor to review the information of which he is aware that relates to the grounds of appeal and to disclose to the appellant that information that is specified in subsection (3). The definition of relevant act in subsection (5) specifies the trigger point for this duty, with reference to each individual type of appeal that is listed in the definition provision. The effect of this is that the duty requires to be complied with only when certain specified events have taken place. Subsection (4) provides that the prosecutor is not required to disclose anything that has already been disclosed to the appellant.