Criminal Justice and Licensing (Scotland) Act 2010

141 Application for section 145 order

(1) This section applies where the conditions in subsection (2) or (3) are met.

(2) The conditions are that—

(a) by virtue of section 121(2)(b), 123(2)(b), 124(2)(b), 125(4)(b) or 126(6)(b) the prosecutor is required to disclose an item of information to an accused,

(b) section 121(3)(a) or (b) applies to the information, and

(c) the prosecutor considers that subsection (4) applies.

(3) The conditions are that—

(a) by virtue of section 133(2)(b), 134(2)(b), 135(3)(b), 136(2), 137(2) or 138(2) the prosecutor is required to disclose an item of information to an appellant or, as the case may be, a person,

(b) where there are proceedings, the information is not likely to form part of the evidence to be led by the prosecutor in the proceedings, and

(c) the prosecutor considers that subsection (4) applies.

(4) This subsection applies if disclosure of the item of information would be likely to cause a real risk of substantial harm or damage to the public interest.

(5) The prosecutor must apply to the court for an order under section 145 (a “section 145 order”).