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The Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2008

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16.—(1) This section applies at all times—

(a)after a judicial officer makes an order under article 3(6), 12(8) or 13(5), and

(b)before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned.

(2) The accused may apply at any time to a judicial officer for a review of the question whether, at any given time, it is still in the public interest to disclose material affected by the order referred to in paragraph (1).

(3) Without prejudice to paragraph (2), during the trial of the accused before a court-martial or the Standing Civilian Court the judicial officer must keep the question mentioned in paragraph (2) under review without the need for an application.

(4) If the judicial officer at any time concludes that it is in the public interest to disclose material to any extent—

(a)he shall so order, and

(b)he shall take such steps as are reasonable to inform the prosecutor of his order.

(5) Where the prosecutor is informed of an order made under paragraph (4) he must act accordingly having regard to the provisions of this Order (unless he decides not to proceed with the case concerned).

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