PART 6DISCLOSURE
F1Court rulings on disclosure: 2011 Act proceedings
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.
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)