Part II Criminal Investigations
24 Examples of disclosure provisions.
1
This section gives examples of the kinds of provision that may be included in the code by virtue of section 23(5).
2
The code may provide that if the person required to reveal material has possession of material which he believes is sensitive he must give a document which—
a
indicates the nature of that material, and
b
states that he so believes.
3
The code may provide that if the person required to reveal material has possession of material which is of a description prescribed under this subsection and which he does not believe is sensitive he must give a document which—
a
indicates the nature of that material, and
b
states that he does not so believe.
4
The code may provide that if—
a
a document is given in pursuance of provision contained in the code by virtue of subsection (2), and
b
a person identified in accordance with prescribed provisions asks for any of the material,
the person giving the document must give a copy of the material asked for to the person asking for it or (depending on the circumstances) must allow him to inspect it.
5
The code may provide that if—
a
a document is given in pursuance of provision contained in the code by virtue of subsection (3),
b
all or any of the material is of a description prescribed under this subsection, and
c
a person is identified in accordance with prescribed provisions as entitled to material of that description,
the person giving the document must give a copy of the material of that description to the person so identified or (depending on the circumstances) must allow him to inspect it.
6
The code may provide that if—
a
a document is given in pursuance of provision contained in the code by virtue of subsection (3),
b
all or any of the material is not of a description prescribed under subsection (5), and
c
a person identified in accordance with prescribed provisions asks for any of the material not of that description,
the person giving the document must give a copy of the material asked for to the person asking for it or (depending on the circumstances) must allow him to inspect it.
7
The code may provide that if the person required to reveal material has possession of material which he believes is sensitive and of such a nature that provision contained in the code by virtue of subsection (2) should not apply with regard to it—
a
that provision shall not apply with regard to the material,
b
he must notify a person identified in accordance with prescribed provisions of the existence of the material, and
c
he must allow the person so notified to inspect the material.
8
For the purposes of this section material is sensitive to the extent that its disclosure under Part I would be contrary to the public interest.
9
In this section “prescribed” means prescribed by the code.