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Article 2 Public interest: application by prosecutor

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

(1)

This rule applies to the making of an application by the prosecutor under section 3(6), 7(5), 8(5) or 9(8) where Part I applies by virtue of section 1(1) (summary trial).

(2)

Notice of an application to which this rule applies shall be served on the clerk of the magistrates' court trying the offence referred to in section 1(1) and shall specify the nature of the material to which the application relates.

(3)

Subject to paragraphs (4) and (5) below, a copy of the notice of application shall be served on the accused by the prosecutor.

(4)

Where the prosecutor has reason to believe that to reveal to the accused the nature of the material to which the application relates would have the effect of disclosing that which the prosecutor contends should not in the public interest be disclosed, paragraph (3) above shall not apply but the prosecutor shall notify the accused that an application to which this rule applies has been made.

(5)

Where the prosecutor has reason to believe that to reveal to the accused the fact that an application is being made would have the effect of disclosing that which the prosecutor contends should not in the public interest be disclosed, paragraph (3) above shall not apply.