Disclosure after conclusion of proceedings at first instance

133Duty to disclose after conclusion of proceedings at first instance

(1)This section applies where appellate proceedings are instituted in relation to an appellant.

(2)As soon as practicable after the relevant act the prosecutor must—

(a)review all information of which the prosecutor is aware that relates to the grounds of appeal in the appellate proceedings, and

(b)disclose to the appellant any information that falls within subsection (3).

(3)Information falls within this subsection if it is—

(a)information that the prosecutor was required by virtue of section 121(2)(b) or 123(2)(b) to disclose in the earlier proceedings but did not disclose,

(b)information to which, during the earlier proceedings, the prosecutor considered paragraph (a) or (b) of section 121(3) did not apply but to which the prosecutor now considers one or both of those paragraphs would apply, or

(c)information of which the prosecutor has become aware since the disposal of the earlier proceedings that, had the prosecutor been aware of it during those proceedings, the prosecutor would have been required to disclose by virtue of section 121(2)(b) or 123(2)(b).

(4)The prosecutor need not disclose under subsection (2) anything that the prosecutor has already disclosed to the appellant.

(5)In this section—