C1Part I Disclosure

Annotations:
Modifications etc. (not altering text)
C1

Pt I: Power to modify conferred (27.7.1999 for specified purposes and otherwise (4.9.2000) by 1999 c. 23, s. 38(7)(a) (with s. 63(2), Sch. 7 paras. 3(3), 4, 5(2)); S.I. 2000/2091, art. 2(c)

Pt. I: Power to modify conferred (1.12.2003) by S.I. 1999/2789 (N.I. 8), art. 26(7); S.R. 2003/476, art. 4(a)

Other provisions

E121 Common law rules as to disclosure.

1

Where this Part applies as regards things falling to be done after the relevant time in relation to an alleged offence, the rules of common law which—

a

were effective immediately before the appointed day, and

b

relate to the disclosure of material by the prosecutor,

do not apply as regards things falling to be done after that time in relation to the alleged offence.

2

Subsection (1) does not affect the rules of common law as to whether disclosure is in the public interest.

3

References in subsection (1) to the relevant time are to the time when—

a

the accused pleads not guilty (where this Part applies by virtue of section 1(1)),

b

the accused is committed for trial (where this Part applies by virtue of section 1(2)(a))

c

the proceedings are transferred (where this Part applies by virtue of section 1(2)(b) or (c)),

d

the count is included in the indictment (where this Part applies by virtue of section 1(2)(d)), or

e

the bill of indictment is preferred (where this Part applies by virtue of section 1(2)(e)).

4

The reference in subsection (1) to the appointed day is to the day appointed under section 1(5).