The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018

Material not yet in possession or existence

19.—(1) A production or access order under article 18 may be made in relation to a person (“P”) who the judge considers is likely to have material to which the application relates in P’s possession, custody or power within the period of 28 days beginning with the date of the order, including material which is expected to come into existence within that period.

(2) Where a production or access order is made in respect of material described in paragraph (1)—

(a) the order must require P to notify a named constable as soon as is reasonably practicable after any material to which the application relates comes into P’s possession, custody or power, and

(b) article 18 has effect with the following modifications—.

(i) the references in article 18(5) to material which P has in P’s possession, custody or power are to be read as references to the material that comes into P’s possession, custody or power; and

(ii) the reference in article 18(6) to the date of the order is to be read as reference to the date of the notification required by paragraph (3).

(3) In the application of this Order to Scotland, for the reference to “the judge” in paragraph (1) there is substituted a reference to “the sheriff”.