PART 6

DISCLOSURE

General

Means of disclosure
160
1
This section applies where by virtue of this Part the prosecutor is required to disclose information to an accused.
2
The prosecutor may disclose the information by any means.
3
In particular, the prosecutor may disclose the information by enabling the accused to inspect it at a reasonable time and in a reasonable place.
4
Subsection (5) applies if the information is contained in—
a
a precognition,
b
a victim statement,
c
a statement given by a person whom the prosecutor does not intend to call to give evidence in the proceedings, or
d
where the proceedings relating to the accused are summary proceedings, a statement given by a person whom the prosecutor intends to call to give evidence in the proceedings.
5
In complying with the requirement, the prosecutor need not disclose the precognition or, as the case may be, statement.
6
Subsection (7) applies where the proceedings relating to the accused are solemn proceedings and—
a
the information is contained in a statement given by a person whom the prosecutor intends to call to give evidence in the proceedings, or
b
the information is contained in a statement and the prosecutor intends to apply under section 259 of the 1995 Act to have evidence of the statement admitted in the proceedings.
7
In complying with the requirement, the prosecutor must disclose a copy of the statement (but subsections (2) and (3) continue to apply).
8
This section is subject to any provision made by an order under section 145(7), 146(11), 155(6) or 156(6).
9
In this section—
- “accused” includes appellant or, in any case relating to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies,
- “appellant” has the meaning given by section 132.