Paragraph 57.2 Disclosed information: hearingF1
This rule applies where a prosecutor of a case has had disclosed to him or her information under section 18(7)(a) of the 2000 Act and considers it appropriate to invite the judge to order disclosure in terms of section 18(7)(b) of the 2000 Act.
The prosecutor may request a hearing before the judge.
A request for a hearing under paragraph (2)—
may be made at any time, either verbally or in writing;
shall be to either the Clerk of Justiciary or the clerk of court, whoever being more appropriate in the circumstances.
The hearing shall be—
in court;
in private.
In paragraph (4), “private” means outwith the presence of any person (including, in a trial, the accused, his representatives and the jury) except the judge, the prosecutor and any other person whose presence the judge considers necessary for the proper determination of the matter.
The hearing shall be recorded by mechanical means as if it were a trial in solemn proceedings.
Paragraph (8) applies where the prosecutor indicates that information disclosed during the hearing has a particular status under any scheme operated by the United Kingdom Government for the protection of sensitive information.
The record of the hearing and any retained documents shall be stored by the court in accordance with the security measures which the scheme stipulates for information of that status.
Annotations
Textual amendments
- F1
Sch. 2 Chs. 56-58 inserted (28.3.2011) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2011 (S.S.I. 2011/194), paras. 1(2), 6(1)