Housing and urban development in Bogota : the institutional backdrop

a statement relating to that or any other sexual offence made by any victim of the offence (whether the statement is recorded in writing or in any other form),

a photograph or pseudo-photograph of any such victim, or

a report of a medical examination of the physical condition of any such victim,

the charge, summons or indictment by which the proceedings are instituted names that person as a person in relation to whom that offence was committed; or

that offence can, in the prosecutor’s opinion, be reasonably regarded as having been committed in relation to that person;

references to any protected material include references to any part of any such material; and

references to a copy of any such material include references to any part of any such copy.

so far as it refers to a defendant making any copy of— applies to a manuscript copy which is not a verbatim copy of the whole of that material or copy; or

so far as it refers to a defendant having in his possession any copy of any protected material, applies to a manuscript copy made by him which is not a verbatim copy of the whole of that material.

any appeal or application for leave to appeal brought or made by or in relation to a defendant in such proceedings;

any application made to the Criminal Cases Review Commission for the reference under section 9 or 11 of the Criminal Appeal Act 1995 of any conviction, verdict, finding or sentence recorded or imposed in relation to any such defendant; and

any petition to the Secretary of State requesting him to recommend the exercise of Her Majesty’s prerogative of mercy in relation to any such defendant.

references to the prosecutor include references to a person acting on behalf of the prosecutor; and

where any such copy falls to be given to the defendant’s legal representative, references to the defendant’s legal representative include references to a person acting on behalf of the defendant’s legal representative.

the prosecutor shall not disclose that material to the defendant; and

it shall instead be disclosed under this Act in accordance with whichever of subsections (2) and (3) below is applicable.

the defendant has a legal representative, and

the defendant’s legal representative gives the prosecutor the undertaking required by section 4 (disclosure to defendant’s legal representative),

may be in such form as the prosecutor thinks fit, and

where the material consists of information which has been recorded in any form, need not be in the same form as that in which the information has already been recorded.

that the protected material, or any copy of it, is only shown to the defendant in circumstances where it is possible to exercise adequate supervision to prevent the defendant retaining possession of the material or copy or making a copy of it, and

that the protected material is not shown and no copy of it is given, and its contents are not otherwise revealed, to any person other than the defendant, except so far as it appears to him necessary to show the material or give a copy of it to any such person—

that the protected material is such material for the purposes of this Act,

that the defendant can only inspect that material, or any copy of it, in circumstances such as are described in subsection (2)(a), and

that it would be an offence for the defendant—

that that person must not give any copy of that material, or otherwise reveal its contents—

that it would be an offence for that person to do so.

inform the prosecutor of that fact, and

if he is informed by the prosecutor that the defendant has a new legal representative who has given the prosecutor the undertaking required by this section, give the protected material, and any copies of it in his possession, to the defendant’s new legal representative.

that that material is protected material for the purposes of this Act, and

of the extent to which— to any other person (including the defendant).

if the defendant is detained in a prison, the governor of the prison or any person nominated by the governor for the purposes of this section; and

otherwise the officer in charge of such police station as appears to the prosecutor to be suitable for enabling the defendant to have access to the material in accordance with this section or any person nominated by that officer for the purposes of this section.

that the protected material, or any copy of it, is only shown to the defendant in circumstances where it is possible to exercise adequate supervision to prevent the defendant retaining possession of the material or copy or making a copy of it,

that, subject to paragraph (a), the defendant is given such access to that material, or a copy of it, as he reasonably requires in connection with any relevant proceedings, and

that that material is not shown and no copy of it is given, and its contents are not otherwise revealed, to any person other than the defendant.

that that material is protected material for the purposes of this Act, and

that he is required to discharge the obligations set out in subsection (4) in relation to that material.

that that material is protected material for the purposes of this Act,

that the defendant can only inspect that material, or any copy of it, in circumstances such as are described in subsection (4)(a), and

that it would be an offence for the defendant— as well as informing him of the effect of subsection (7).

the defendant requests the prosecutor in writing to give a further copy of the material mentioned in subsection (1) to some other person, and

it appears to the prosecutor to be necessary to do so— the prosecutor shall give such a copy to that other person.

that the copy is protected material for the purposes of this Act,

that he must not give any copy of the protected material or otherwise reveal its contents—

that it would be an offence for him to do so.

receives a request from the defendant under subsection (7) to give a further copy of the material in question to another person, but

does not consider it to be necessary to do so as mentioned in paragraph (b) of that subsection and accordingly refuses the request,

any material has been disclosed in accordance with section 3(2) to the defendant’s legal representative, and

at a time when any relevant proceedings are current or in contemplation the legal representative either— that material shall be further disclosed under this Act in accordance with whichever of section 3(2) or (3) is for the time being applicable.

any material has been disclosed in accordance with section 3(3), and

at a time when any relevant proceedings are current or in contemplation the defendant acquires a legal representative who gives the prosecutor the undertaking required by section 4,

the Commission shall not disclose that material to the applicant; and

it shall instead be disclosed under this Act in accordance with subsections (2) and (3).

section 3(2) to (5), and

sections 4 to 6,

subsection (1) above, and

the operation, in connection with any such disclosure by the Commission, of the provisions applied by subsection (2) above,

“relevant application” means an application made to the Commission for the reference under section 9 or 11 of the Criminal Appeal Act 1995 of any conviction, verdict, finding or sentence of a court in proceedings for a sexual offence; and

“the applicant”, in relation to a relevant application, means the person by or on whose behalf the application is made.

to have the protected material, or any copy of it, in his possession otherwise than while inspecting it or the copy in circumstances such as are described in section 4(2)(a) or 5(4)(a), or

to give that material or any copy of it, or otherwise reveal its contents, to any other person.

to any person other than the defendant, or

to the defendant otherwise than in circumstances such as are described in section 4(2)(a) or 5(4)(a).

on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

any disclosure made in the course of any proceedings before a court or in any report of any such proceedings, or

any disclosure made or copy given by a person when returning any protected material, or a copy of any such material, to the prosecutor or the defendant’s legal representative;