Investigatory Powers Act 2016

Disclosures to prosecutors and judges U.K.

21 (1) Nothing in section 56(1) prohibits— U.K.

(a) a disclosure to a person (“P”) conducting a criminal prosecution that is made for the purpose only of enabling P to determine what is required of P by P's duty to secure the fairness of the prosecution, or

(b) a disclosure to a relevant judge in a case in which the judge has ordered the disclosure to be made to the judge alone.

(2) A relevant judge may order a disclosure under sub-paragraph (1)(b) only if the judge considers that the exceptional circumstances of the case make the disclosure essential in the interests of justice.

(3) Where in any criminal proceedings—

(a) a relevant judge orders a disclosure under sub-paragraph (1)(b), and

(b) in consequence of that disclosure, the judge considers that there are exceptional circumstances requiring the judge to make a direction under this sub-paragraph,

the judge may direct the person conducting the prosecution to make for the purposes of the proceedings any admission of fact which the judge considers essential in the interests of justice.

(4) But nothing in any direction under sub-paragraph (3) may authorise or require anything to be done in contravention of section 56(1).

(5) In this paragraph “relevant judge” means—

(a) any judge of the High Court or of the Crown Court or any Circuit judge,

(b) any judge of the High Court of Justiciary or any sheriff,

(c) in relation to proceedings before the Court Martial, the judge advocate for those proceedings, or

(d) any person holding a judicial office that entitles the person to exercise the jurisdiction of a judge falling within paragraph (a) or (b).

Commencement Information

I1 Sch. 3 para. 21 in force at 27.6.2018 by S.I. 2018/652, reg. 8(w)