Paragraph 10 Disclosure of material to accused

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

Sch. para. 1(3) inserted by Investigatory Powers (Consequential Amendments etc.) 2018 Sch. 1 para. 8
Sch. para. 2(1) words inserted by Armed Forces (Tri-Service Serious Crime Unit) 2022 reg. 3(3)(a)(i)
Sch. para. 2(1) words inserted by Armed Forces (Tri-Service Serious Crime Unit) 2022 reg. 3(3)(a)(ii)
Sch. para. 3(1) words inserted by Armed Forces (Tri-Service Serious Crime Unit) 2022 reg. 3(3)(b)(i)
Sch. para. 3(3) words substituted by Armed Forces (Tri-Service Serious Crime Unit) 2022 reg. 3(3)(b)(ii)
Sch. para. 3(7) words inserted by Armed Forces (Tri-Service Serious Crime Unit) 2022 reg. 3(3)(b)(iii)

(1)

If material has not already been copied to the Director, and he requests its disclosure to the accused on the ground that it satisfies the test for prosecution disclosure under the Application Order, the disclosure officer must disclose it to the accused.

(2)

If material has been copied to the Director and it is to be disclosed, whether it is disclosed by the Director or the disclosure officer is a matter for agreement between the two of them.

(3)

The disclosure officer must disclose material to the accused either by giving him a copy or by allowing him to inspect it. If the accused asks for a copy of any material which he has been allowed to inspect, the disclosure officer must give it to him, unless in the opinion of the disclosure officer that is either not practicable (for example because the material consists of an object which cannot be copied, or because the volume of material is so great), or not desirable (for example because the material is a statement by a child witness in relation to a sexual offence).

(4)

If material which the accused has been allowed to inspect consists of information which is recorded other than in writing, whether it should be given to the accused in its original form or in the form of a transcript is a matter for the discretion of the disclosure officer. If the material is transcribed, the disclosure officer must ensure that the transcript is certified to the accused as a true record of the material which has been transcribed.

(5)

If a judge advocate concludes that an item of sensitive material satisfies the test for prosecution disclosure under the Application Order and that the interests of the defence outweigh the public interest in withholding disclosure, it will be necessary to disclose the material if the case is to proceed. This does not mean that sensitive documents must always be disclosed in their original form: for example, the judge advocate may agree that sensitive details still requiring protection should be blocked out, or that documents may be summarised, or that the Director may make an admission about the substance of the material under section 10 of the Criminal justice Act 1967^f1.

Annotations

Footnotes

f1: 1967 c. 58.