Part IE+W+N.I. Disclosure

Modifications etc. (not altering text)

C2Pt. I power to apply (with modifications) conferred by SI 2015/1490 rule 23.2 Note (as inserted (2.4.2018) by The Criminal Procedure (Amendment) Rules 2018 (S.I. 2018/132), rules 1, 11(a)(v))

The main provisionsE+W+N.I.

3[F1Initial duty of prosecutor to disclose].E+W+N.I.

(1)The prosecutor must—

(a)disclose to the accused any prosecution material which has not previously been disclosed to the accused and which [F2might reasonably be considered capable of undermining] the case for the prosecution against the accused [F3or of assisting the case for the accused] , or

(b)give to the accused a written statement that there is no material of a description mentioned in paragraph (a).

(2)For the purposes of this section prosecution material is material—

(a)which is in the prosecutor’s possession, and came into his possession in connection with the case for the prosecution against the accused, or

(b)which, in pursuance of a code operative under Part II, he has inspected in connection with the case for the prosecution against the accused.

(3)Where material consists of information which has been recorded in any form the prosecutor discloses it for the purposes of this section—

(a)by securing that a copy is made of it and that the copy is given to the accused, or

(b)if in the prosecutor’s opinion that is not practicable or not desirable, by allowing the accused to inspect it at a reasonable time and a reasonable place or by taking steps to secure that he is allowed to do so;

and a copy may be in such form as the prosecutor thinks fit and need not be in the same form as that in which the information has already been recorded.

(4)Where material consists of information which has not been recorded the prosecutor discloses it for the purposes of this section by securing that it is recorded in such form as he thinks fit and—

(a)by securing that a copy is made of it and that the copy is given to the accused, or

(b)if in the prosecutor’s opinion that is not practicable or not desirable, by allowing the accused to inspect it at a reasonable time and a reasonable place or by taking steps to secure that he is allowed to do so.

(5)Where material does not consist of information the prosecutor discloses it for the purposes of this section by allowing the accused to inspect it at a reasonable time and a reasonable place or by taking steps to secure that he is allowed to do so.

(6)Material must not be disclosed under this section to the extent that the court, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.

(7)Material must not be disclosed under this section to the extent that [F4it is material the disclosure of which is prohibited by [F5section 56 of the Investigatory Powers Act 2016] .]

(8)The prosecutor must act under this section during the period which, by virtue of section 12, is the relevant period for this section.

Textual Amendments

F1S. 3 heading substituted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 3 para. 21; S.I. 2005/950, art. 2, Sch. 1; S.I. 2005/1817, art. 2 (with savings in art. 2(3))

F2Words in s. 3(1)(a) substituted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 32; S.I. 2005/950 {art. 2} Sch. 1; S.I. 2005/1817, art. 2 (with savings in art. 2(3))

F3Words in s. 3(1)(a) inserted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 32, 336; S.I. 2005/950, art. 2, Sch. 1; S.I. 2005/1817, art. 2 (with savings in art. 2(3))

F4Words in s. 3(7) substituted for s. 3(7)(a)(b) (2.10.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 7(1) (with s. 82(3)); S.I. 2000/2543, art. 3

Modifications etc. (not altering text)

C3S. 3(3)-(5) excluded (E.W.) (prosp.) by 1997 c. 39, ss. 9(2), 11(2).