C1Part I Disclosure
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).
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)