§ 225A — Restrictions on use of material disclosed by prosecution

225A.—(1) Where the prosecution discloses (whether before, on or after 17 September 2018) any material to the accused or the accused’s advocate (if any) for the purposes of any criminal proceedings —(a)

that material may be disclosed, for the purposes of those criminal proceedings, to any co‑accused in those criminal proceedings, or to the advocate (if any) of any such co‑accused, by any of the following persons:(i)

the accused;

(ii)

the accused’s advocate (if any);

(iii)

any other co‑accused or advocate to whom that material was disclosed under this paragraph; and

(b)

on and after 17 September 2018, each of the following persons is deemed to give an undertaking to the court not to use that material for any purpose (other than the purposes of those criminal proceedings) without the permission of the Public Prosecutor:(i)

the accused;

(ii)

the accused’s advocate (if any);

(iii)

any co‑accused or advocate to whom that material is disclosed under paragraph (a).[19/2018]

(2) Subsection (1) applies regardless whether the material is disclosed by the prosecution voluntarily or pursuant to any written law or rule of law or any order of court.[19/2018]

(3) The undertaking in subsection (1)(b) ceases to apply to that material after that material is adduced as evidence in court in those criminal proceedings.[19/2018]

—(1) Where the prosecution discloses (whether before, on or after 17 September 2018) any material to the accused or the accused’s advocate (if any) for the purposes of any criminal proceedings —(a)

that material may be disclosed, for the purposes of those criminal proceedings, to any co‑accused in those criminal proceedings, or to the advocate (if any) of any such co‑accused, by any of the following persons:(i)

the accused;

(ii)

the accused’s advocate (if any);

(iii)

any other co‑accused or advocate to whom that material was disclosed under this paragraph; and

(b)

on and after 17 September 2018, each of the following persons is deemed to give an undertaking to the court not to use that material for any purpose (other than the purposes of those criminal proceedings) without the permission of the Public Prosecutor:(i)

the accused;

(ii)

the accused’s advocate (if any);

(iii)

any co‑accused or advocate to whom that material is disclosed under paragraph (a).[19/2018]

(2) Subsection (1) applies regardless whether the material is disclosed by the prosecution voluntarily or pursuant to any written law or rule of law or any order of court.[19/2018]

(3) The undertaking in subsection (1)(b) ceases to apply to that material after that material is adduced as evidence in court in those criminal proceedings.[19/2018]