OpenLegislation

Paragraph 7

England, Wales and Northern Ireland

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

After section 14 there shall be inserted—

“F1Public interest: review for offences tried under section 5 of the Justice and Security (Northern Ireland) Act 2007

14A
(1)

This section applies where this Part applies by virtue of section 1(2) and F2section 5 of the Justice and Security (Northern Ireland) Act 2007 (trials on indictment without a jury) applies in relation to the trial of the accused for the offence charged .

(2)

At any time—

(a)

after a court makes an order under section F33(6), 7A(8) or 8(5), and

(b)

before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned,

the accused may apply to the court for a review of the question whether it is still not in the public interest to disclose material affected by its order.

(3)

In such a case the court must review that question, and if it concludes that it is in the public interest to disclose material to any extent—

(a)

it shall so order; and

(b)

it shall take such steps as are reasonable to inform the prosecutor of its order.

(4)

Where the prosecutor is informed of an order made under subsection (3) he must act accordingly having regard to the provisions of this Part (unless he decides not to proceed with the case concerned).”

Annotations

Textual amendments

F1

Words in Sch. 4 para. 7 substituted (N.I.) (1.8.2007 and shall expire (1.8.2009) in accordance with s. 9(1) of the amending Act) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 8, 53(4), Sch. 1 para. 1(3); S.I. 2007/2045, art. 2(q) (with art. 3 and with S.I. 2007/2259, art. 2)

F2

Words in Sch. 4 para. 7 substituted (N.I.) (1.8.2007 and shall expire (1.8.2009) in accordance with s. 9(1) of the amending Act) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 8, 53(4), Sch. 1 para. 1(2); S.I. 2007/2045, art. 2(q) (with art. 3 and with S.I. 2007/2259, art. 2)

F3

Words in Sch. 4 para. 7 substituted (15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 3 para. 38; S.I. 2005/1817, art. 2 (subject to art. 3)

Notes on Schedule 4

Extent

E1

Sch. 4 extends to Northern Ireland but the operation of Sch. 4 is limited by application as mentioned in s. 79(4)