... recommendations. The Bill urged the Government to amend the Justices Act 1902 and the Criminal Code WA, in order to demonstrate 'the Government's commitment to the reduction of unnecessary court delays and the realisation of greater efficiencies in the criminal justice system.' McGinty's recommendations sought to replace preliminary hearings with a 'regime of disclosure by the prosecution and, to a lesser extent, by the defence.' The Bill was passed, and became the Criminal Law (Procedure) Amendment Act 2002 (WA). This introduced, among other provisions, Section 611C of the Criminal Code (WA), entitled 'Disclosure by the accused person.' Between 1993 and the introduction of this legislation, criminal trials in the Supreme Court of Western Australia were subject to 'a non-statutory reciprocal disclosure regime under draft Criminal Practice rules.' Before trial these rules required the prosecution to serve the defence with 'a case statement summarising the facts and legal propositions it intended ...

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