Sexual Offences (Protected Material) Act 1997

7 Regulation of disclosures by Criminal Cases Review Commission

(1) Where, in connection with any relevant application made to the Criminal Cases Review Commission, any material falling within any of paragraphs (a) to (c) of section 1(1) would (apart from this section) fall to be disclosed by the Commission to the applicant—

(a) the Commission shall not disclose that material to the applicant; and

(b) it shall instead be disclosed under this Act in accordance with subsections (2) and (3).

(2) The following provisions, namely—

(a) section 3(2) to (5), and

(b) sections 4 to 6,

shall apply in connection with any disclosure by the Commission in relation to which subsection (1) above applies as they apply in connection with any disclosure by the prosecutor in relation to which section 3(1) applies.

(3) For the purposes of—

(a) subsection (1) above, and

(b) the operation, in connection with any such disclosure by the Commission, of the provisions applied by subsection (2) above,

references in this Act to the prosecutor and the defendant shall be read as references to the Commission and the applicant respectively.

(4) In this section—

(a) “relevant application” means an application made to the Commission for the reference under section 9 or 11 of the [1995 c. 35.] Criminal Appeal Act 1995 of any conviction, verdict, finding or sentence of a court in proceedings for a sexual offence; and

(b) “the applicant”, in relation to a relevant application, means the person by or on whose behalf the application is made.