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.