PART 6DISCLOSURE

Disclosure after conclusion of proceedings at first instance

135Application to prosecutor for further disclosure

1

This section applies where—

a

the prosecutor has complied with section 133(2) in relation to an appellant, and

b

the appellant lodges a further disclosure request—

i

during the preliminary period, or

ii

if the court on cause shown allows it, after the preliminary period but before the relevant conclusion.

2

A further disclosure request must set out—

a

by reference to the grounds of appeal, the nature of the information that the appellant wishes the prosecutor to disclose, and

b

the reasons why the appellant considers that disclosure by the prosecutor of any such information is necessary.

3

As soon as practicable after receiving a copy of the further disclosure request the prosecutor must—

a

review any information of which the prosecutor is aware that relates to the request, and

b

disclose to the appellant any of that information that falls within section 133(3).

4

The prosecutor need not disclose under subsection (3)(b) anything that the prosecutor has already disclosed to the appellant.

5

In this section—

  • “preliminary period”, in relation to the appellate proceedings concerned, means the period beginning with the relevant act and ending with the beginning of the hearing of the appellate proceedings,

  • “relevant act” has the meaning given by section 133(5),

  • “relevant conclusion” has the meaning given by section 134(5).