PART 6DISCLOSURE

F1Court rulings on disclosure: 2011 Act proceedings

Annotations:
Amendments (Textual)
F1

Ss. 140A-140F and cross-headings inserted (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), ss. 13(2), 17(3); S.S.I. 2011/365, art. 3 (with arts. 4, 5)

140EApplication by respondent for ruling on disclosure

1

This section applies where the respondent—

a

has made a further disclosure request under section 140D, and

b

considers that the prosecutor has failed, in responding to the request, to disclose to the respondent an item of information falling within section 140B(3) (the “information in question”).

2

The respondent may apply to the court for a ruling on whether the information in question falls within section 140B(3).

3

An application under subsection (2) is to be made in writing and must set out—

a

a description of the information in question, and

b

the respondent's grounds for considering that the information in question falls within section 140B(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 140B(3).

6

At a hearing appointed under subsection (4), the court must give the prosecutor and the respondent an opportunity to be heard before determining the application.

7

On determining the application, the court must make a ruling on whether the information in question, or any part of the information in question, falls within section 140B(3).

8

In this section and in section 140F, “the court” means the High Court.

9

Except where it is impracticable to do so, the application is to be assigned to the judge or judges who are to hear the 2011 Act proceedings.