(1) This section and section 109 apply in any case where a person is being, or is to be, proceeded against by indictment—
(a) for any offence that is punishable by imprisonment for life or for a term of at least 7 years; or
(b) for any other offence against any provisions of the Misuse of Drugs Act 1975, except sections 7 and 13; or
(c) for an offence against section 98A of the Crimes Act 1961; or
(d) for conspiracy to commit, or for attempting to commit, an offence described in paragraph (a) or (b).
(2) If, in any proceeding to which this section applies, it is intended to call an undercover Police officer as a witness for the prosecution, the Commissioner of Police may, at any time before an indictment is presented, file in the court in which the proceedings are to be held a certificate signed by the Commissioner stating, in respect of that witness, the following particulars:
(a) that during the period specified in the certificate the witness was a member of the Police and acted as an undercover Police officer:
(b) that the witness has not been convicted of any offence or (as the case may require) that the witness has not been convicted of any offence other than the offence, or offences, described in the certificate:
(c) that the witness has not been found guilty of a breach of the code of conduct prescribed under section 20 of the Policing Act 2008, or (as the case may require) that the witness has not been found guilty of any breach of that kind, other than a breach described in the certificate.
(3) If, to the knowledge of the Commissioner of Police, the credibility of the witness in giving evidence in any other proceeding has been the subject of adverse comment by the Judge, the Commissioner must also include in the certificate a statement of the relevant particulars.
(4) It is sufficient for the purposes of subsections (2) and (3) if the certificate includes a statement of the nature of any offence or comment referred to in the certificate and the year in which the offence was committed or the comment was made, and it is not necessary to include the venue or precise date of the proceedings or any other particulars that might enable the true name or true address of the witness to be discovered.
(5) In this section and in section 109, undercover Police officer, in relation to any proceeding to which this section applies, means a member of the Police whose identity was concealed for the purpose of any investigation relevant to the proceedings.
(6) This section also applies, with any necessary modifications, in any case where a person is being, or is to be, proceeded against under—
(a) the Criminal Proceeds (Recovery) Act 2009; or
(b) sections 142A to 142Q of the Sentencing Act 2002.
Compare: 1908 No 56 s 13A(1)–(5)
Section 108(2)(c): substituted, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Section 108(6): added, on 1 December 2009, by section 184 of the Criminal Proceeds (Recovery) Act 2009 (2009 No 8).