PART 6

DISCLOSURE

Court rulings on disclosure: appellate proceedings

Application by appellant for ruling on disclosure
139
1
This section applies where the appellant—
a
has made a further disclosure request under section 135, and
b
considers that the prosecutor has failed, in responding to the request, to disclose to the appellant an item of information falling within section 133(3) (the “information in question”).
2
The appellant may apply to the court for a ruling on whether the information in question falls within section 133(3).
3
An application under subsection (2) is to be made in writing and must set out—
a
where the appellant is or was charged with more than one offence, the charge or charges to which the application relates,
b
a description of the information in question, and
c
the appellant’s grounds for considering that the information in question falls within section 133(3).
4
On receiving an application under subsection (2), the court must appoint a hearing at which the application is to be considered and determined.
5
However, the court may dispose of the application without appointing a hearing if the court considers that the application does not—
a
comply with subsection (3), or
b
otherwise disclose any reasonable grounds for considering that the information in question falls within section 133(3).
6
At a hearing appointed under subsection (4), the court must give the prosecutor and the appellant an opportunity to be heard before determining the application.
7
On determining the application, the court must—
a
make a ruling on whether the information in question, or any part of the information in question, falls within section 133(3), and
b
where the appellant is or was charged with more than one offence, specify the charge or charges to which the ruling relates.
8
In this section, “the court” means the court before which the appellant’s appeal is brought.
9
Except where it is impracticable to do so, the application is to be assigned to the judges who are to hear the appellant’s appeal.