Section 8 Application by accused for disclosure.

England, Wales and Northern Ireland

F1(1)

This section applies where the accused has given a defence statement under section 5, 6 or 6B and the prosecutor has complied with section 7A(5) or has purported to comply with it or has failed to comply with it.

C1(2)

If the accused has at any time reasonable cause to believe that there is prosecution material which is required by section 7A to be disclosed to him and has not been, he may apply to the court for an order requiring the prosecutor to disclose it to him.

(3)

For the purposes of this section prosecution material is material—

(a)

which is in the prosecutor’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 operative under Part II, he has inspected in connection with the case for the prosecution against the accused, or

(c)

which falls within subsection (4).

(4)

Material falls within this subsection if in pursuance of a code operative under Part II the prosecutor 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 section to the extent that the court, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.

(6)

Material must not be disclosed under this section to the extent that F2it is material the disclosure of which is prohibited by F3section 56 of the Investigatory Powers Act 2016 .

Annotations

Textual amendments

F1: S. 8(1)(2) substituted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 38, 336; S.I. 2005/950, art. 2; S.I.2005/1817, art. 2
F2: Words in s. 8(6) substituted for s. 8(6)(a)(b) (2.10.2000) by 2000 c. 23, s. 82(1), Sch.4 para. 7(1) (with s. 82(3)); S.I. 2000/2543, art. 3
F3: Words in s. 8(6) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 39(4) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)

Modifications

C1: S. 8(2) modified (6.10.2025) by The Criminal Procedure Rules 2025 (S.I. 2025/909), rule 23.2(8)(a)

Notes on Part I

Modifications

C1

Pt I: Power to modify conferred (27.7.1999 for specified purposes and otherwise (4.9.2000) by 1999 c. 23, s. 38(7)(a) (with s. 63(2), Sch. 7 paras. 3(3), 4, 5(2)); S.I. 2000/2091, art. 2(c)

Pt. I: Power to modify conferred (1.12.2003) by S.I. 1999/2789 (N.I. 8), art. 26(7); S.R. 2003/476, art. 4(a)

C2

Pt. I power to apply (with modifications) conferred by SI 2015/1490 rule 23.2 Note (as inserted (2.4.2018) by The Criminal Procedure (Amendment) Rules 2018 (S.I. 2018/132), rules 1, 11(a)(v))