Article 8 Public interest rulings

This article applies where a public interest ruling is the subject of an appeal or application for leave to appeal.

In any appeal or application for leave to appeal against a public interest ruling, the prosecutor need not describe the material that is the subject of the ruling in the notice of appeal or application for leave to appeal under article 5 of this Order.

Where the prosecutor has reason to believe that to reveal to the accused or any interested party the category of material that is the subject of the public interest ruling would have the effect of disclosing that which the prosecutor considers should not be disclosed, the prosecutor need not describe the category of the material in the notice of appeal or application for leave to appeal under article 5 of this Order.

Where the prosecutor has reason to believe that to reveal to the accused or to any other interested party the fact that a public interest ruling has been made would have the effect of disclosing that which the prosecutor considers should not be disclosed, the prosecutor need not serve notice of appeal or application for leave to appeal on the accused or any interested party as otherwise required under article 5 of this Order, unless the Courts-Martial Appeal Court otherwise directs.

Where the prosecutor has taken the measures set out in paragraphs (2), (3) or (4), the notice of appeal or application for leave to appeal served on the registrar under article 5(1)(a) of this Order, must be accompanied by a confidential annexe indicating that the measures have been taken and giving the prosecutor’s reasons for taking them.

Where the prosecutor has taken the measures set out in paragraph (4), the accused shall not be entitled to be present in person at the hearing by the Courts-Martial Appeal Court of the appeal or application for leave to appeal, or appear by way of live television link, unless the Courts-Martial Appeal Court otherwise directs.