Part II E+W+N.I. The Criminal Cases Review Commission

Supplementary powersE+W+N.I.

17 Power to obtain documents etc. [F1from those serving in public bodies] E+W+N.I.

(1)This section applies where the Commission believe that a person serving in a public body has possession or control of a document or other material which may assist the Commission in the exercise of any of their functions.

(2)Where it is reasonable to do so, the Commission may require the person who is the appropriate person in relation to the public body—

(a)to produce the document or other material to the Commission or to give the Commission access to it, and

(b)to allow the Commission to take away the document or other material or to make and take away a copy of it in such form as they think appropriate,

and may direct that person that the document or other material must not be destroyed, damaged or altered before the direction is withdrawn by the Commission.

(3)The documents and other material covered by this section include, in particular, any document or other material obtained or created during any investigation or proceedings relating to—

(a)the case in relation to which the Commission’s function is being or may be exercised, or

(b)any other case which may be in any way connected with that case (whether or not any function of the Commission could be exercised in relation to that other case).

(4)The duty to comply with a requirement under this section is not affected by any obligation of secrecy or other limitation on disclosure (including any such obligation or limitation imposed by or by virtue of an enactment) which would otherwise prevent the production of the document or other material to the Commission or the giving of access to it to the Commission.

Textual Amendments