MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 43A Release of restricted evidence to a person charged with an offence

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 43A

    (1)     If a court considers that it may be desirable in the interests of justice that restricted evidence be made available to a person charged with an offence before the court, or to a legal practitioner representing a person charged, the court, on the application of the Chief Commissioner, the Director of Public Prosecutions or the person charged, may give the Chief Examiner or the Chief Commissioner a certificate to that effect.

    (2)     If the court gives a certificate under subsection (1), the Chief Examiner or the Chief Commissioner (as the case requires) must make the restricted evidence available to the court.

    (3)     If restricted evidence is made available to a court under subsection (2), the court must give each person referred to in subsection (4) an opportunity to make submissions to the court as to whether or not the restricted evidence should be made available, in whole or part, to the person charged or a legal practitioner representing the person charged.

    (4)     For the purposes of subsection (3), the persons are—

        (a)     the Chief Examiner; and

        (b)     the Chief Commissioner; and

        (c)     if the direction under section 43(1) in relation to the restricted evidence involves the interests of a witness, the witness.

    (5)     The court may make the restricted evidence available to the person charged or a legal practitioner representing the person charged, and to the Director of Public Prosecutions, if, after examining the restricted evidence and considering any submissions made under subsection (3), the court is satisfied that the interests of justice so require.

S. 43B inserted by No. 55/2014 s. 164.