MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 43B Release of restricted evidence where person not yet charged

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

    (1)     The Chief Commissioner may apply to a court for an order that restricted evidence be made available to the Director of Public Prosecutions for the purpose of prosecuting a person for an offence if the Chief Commissioner suspects on reasonable grounds that there are reasonable prospects for the conviction of a person for an offence if the evidence is made so available.

    (2)     On an application under subsection (1), the court may direct the Chief Examiner or the Chief Commissioner to make the restricted evidence available to the court.

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

    (4)     If restricted evidence is made available to the court under subsection (3), the court must give each person referred to in subsection (5) 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 Director of Public Prosecutions for the purpose of prosecuting a person for an offence.

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

        (a)     the Chief Examiner; and

        (b)     the Chief Commissioner; and

        (c)     the Director of Public Prosecutions; and

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

    (6)     The court may, by order, make the restricted evidence available to the Director of Public Prosecutions for the purpose of prosecuting a person for an offence if, after examining the restricted evidence and considering any submissions made under subsection (4), the court is satisfied that—

        (a)     there are reasonable grounds for the suspicion founding the application for the order; and

        (b)     the interests of justice require the evidence to be made so available.

    (7)     If restricted evidence is made available to the Director of Public Prosecutions under this section and a person is subsequently charged with an offence as a result, nothing in this Act prevents the Director of Public Prosecutions from making the evidence available to the person charged or a legal practitioner representing the person charged.

    (8)     In this section—

"court" means the Supreme Court or the County Court.