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

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Initial duty of prosecutor to disclose

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3.—(1) The prosecutor must—

(a)disclose to the accused any prosecution material which has not previously been disclosed to the accused and which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused, or

(b)give to the accused a written statement that there is no material of a description mentioned in paragraph (a).

(2) For the purposes of this article prosecution material is material—

(a)which is in the prosecutor’s possession, and came into his possession in connection with the case for the prosecution against the accused; or

(b)which, in pursuance of a code of practice made under section 78(2)(b) of the 1996 Act, he has inspected in connection with the case for the prosecution against the accused.

(3) Where material consists of information which has been recorded in any form, the prosecutor discloses it for the purposes of this section—

(a)by securing that a copy is made of it and that the copy is given to the accused, or

(b)if in the prosecutor’s opinion that is not practicable or not desirable, by allowing the accused to inspect it at a reasonable time and a reasonable place or by taking steps to secure that he is allowed to do so;

and a copy may be in such form as the prosecutor thinks fit and need not be in the same form as that in which the information has already been recorded.

(4) Where material consists of information which has not been recorded, the prosecutor discloses it for the purposes of this section by securing that it is recorded in such form as he thinks fit and—

(a)by securing that a copy is made of it and that the copy is given to the accused, or

(b)if in the prosecutor’s opinion that is not practicable or not desirable, by allowing the accused to inspect it at a reasonable time and a reasonable place or by taking steps to secure that he is allowed to do so.

(5) Where material does not consist of information, the prosecutor discloses it for the purposes of this article by allowing the accused to inspect it at a reasonable time and a reasonable place or by taking steps to secure that he is allowed to do so.

(6) Material must not be disclosed under this article to the extent that a judicial officer, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.

(7) Material must not be disclosed under this article to the extent that it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000(1).

(8) The prosecutor must act under this article as soon as reasonably practicable after the charge is preferred by the prosecutor against the accused.

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