Sexual Offences (Protected Material) Act 1997

Prospective

5 Disclosure to unrepresented defendant. E+W

(1) This section applies where, in accordance with section 3(3), a copy of any material falls to be given by the prosecutor to the appropriate person for the purposes of this section in order for that person to show that copy to the defendant under this section.

(2) Subject to subsection (3), the appropriate person in such a case is—

(a) if the defendant is detained in a prison, the governor of the prison or any person nominated by the governor for the purposes of this section; and

(b) otherwise the officer in charge of such police station as appears to the prosecutor to be suitable for enabling the defendant to have access to the material in accordance with this section or any person nominated by that officer for the purposes of this section.

(3) The Secretary of State may by regulations provide that, in such circumstances as are specified in the regulations, the appropriate person for the purposes of this section shall be a person of any description so specified.

(4) The appropriate person shall take reasonable steps to ensure—

(a) that the protected material, or any copy of it, is only shown to the defendant in circumstances where it is possible to exercise adequate supervision to prevent the defendant retaining possession of the material or copy or making a copy of it,

(b) that, subject to paragraph (a), the defendant is given such access to that material, or a copy of it, as he reasonably requires in connection with any relevant proceedings, and

(c) that that material is not shown and no copy of it is given, and its contents are not otherwise revealed, to any person other than the defendant.

(5) The prosecutor shall, at the time of giving the protected material to the appropriate person, inform him—

(a) that that material is protected material for the purposes of this Act, and

(b) that he is required to discharge the obligations set out in subsection (4) in relation to that material.

(6) The prosecutor shall at that time also inform the defendant—

(a) that that material is protected material for the purposes of this Act,

(b) that the defendant can only inspect that material, or any copy of it, in circumstances such as are described in subsection (4)(a), and

(c) that it would be an offence for the defendant—

(i) to have that material, or any copy of it, in his possession otherwise than while inspecting it or the copy in such circumstances, or

(ii) to give that material or any copy of it, or otherwise reveal its contents, to any other person,

as well as informing him of the effect of subsection (7).

(7) If—

(a) the defendant requests the prosecutor in writing to give a further copy of the material mentioned in subsection (1) to some other person, and

(b) it appears to the prosecutor to be necessary to do so—

(i) in connection with any relevant proceedings, or

(ii) for the purposes of any assessment or treatment of the defendant (whether before or after conviction),

the prosecutor shall give such a copy to that other person.

(8) The prosecutor may give such a copy to some other person where no request has been made under subsection (7) but it appears to him that in the interests of the defendant it is necessary to do so as mentioned in paragraph (b) of that subsection.

(9) The prosecutor shall, at the time of giving such a copy to a person under subsection (7) or (8), inform that person—

(a) that the copy is protected material for the purposes of this Act,

(b) that he must not give any copy of the protected material or otherwise reveal its contents—

(i) to any person other than the defendant, or

(ii) to the defendant otherwise than in circumstances such as are described in subsection (4)(a); and

(c) that it would be an offence for him to do so.

(10) If the prosecutor—

(a) receives a request from the defendant under subsection (7) to give a further copy of the material in question to another person, but

(b) does not consider it to be necessary to do so as mentioned in paragraph (b) of that subsection and accordingly refuses the request,

he shall inform the defendant of his refusal.

(11) Any regulations under subsection (3) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.