OpenLegislation

Article 14 Application by accused for disclosure

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This article applies where the accused has given a defence statement under article 7 and the Director has complied with article 13(5) or has purported to comply with it or has failed to comply with it.

(2)

If the accused has at any time reasonable cause to believe that there is prosecution material which is required by article 13 to be disclosed to him and has not been, he may apply to a judge advocate for an order requiring the Director to disclose it to him.

(3)

For the purposes of this article prosecution material is material—

(a)

which is in the Director’s possession and came into his possession in connection with the case for the prosecution against the accused;

(b)

which, in pursuance of a code of practice made under section 78(2)(b) of the 1996 Act, he has inspected in connection with the case for the prosecution against the accused; or

(c)

which falls within paragraph (4).

(4)

Material falls within this paragraph if in pursuance of a code of practice made under section 78(2)(b) of the 1996 Act the Director must, if he asks for the material, be given a copy of it or be allowed to inspect it in connection with the case for the prosecution against the accused.

(5)

Material must not be disclosed under this article to the extent that a judge advocate, on an application by the Director, concludes it is not in the public interest to disclose it and orders accordingly.

(6)

Material must not be disclosed under this article to the extent that it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000.