Criminal Investigations (Bodily Samples) Act 1995

15 Information may be withheld from respondent

(1)

Where an application is made under section 13, a District Court Judge or a High Court Judge may, on the ex parte application of the applicant, order that any information included in the application made under section 13 shall not be disclosed to the respondent, and that information is not required to be included in the notice given to the respondent pursuant to subsection (3)(a) of that section.

(2)

On the hearing of any application made under section 13, the Judge may, on the application of the applicant, order that any evidence to be tendered on behalf of the applicant may be tendered in writing, and shall not be disclosed to the respondent. An application for such an order shall be heard in the absence of the respondent.

(3)

A Judge may not make an order under subsection (1) or subsection (2) in relation to any information or evidence unless the Judge is satisfied—

(a)

that the disclosure of that information or evidence to the respondent would be likely—

(i)

to identify, or lead to the identification of, any constable whose identity is being concealed, or was concealed, for the purposes of the investigation of any offence relevant to the application; or

(ii)

to endanger the safety of any person; or

(iii)

to substantially prejudice the investigation of the offence to which the application relates, or any other offence; and

(b)

that the withholding of the information or evidence from the respondent would not be contrary to the interests of justice.

(4)

Where, pursuant to an order made under subsection (1) of this section, any information is omitted from the notice served on the respondent pursuant to section 13(3)(a), the notice shall include a statement that information has been omitted from the notice pursuant to such an order.

(5)

Notwithstanding any enactment or rule of law or rules of court entitling any party to any proceedings to demand the production of any documents, the respondent shall not be entitled to demand the production, for the purposes of the proceedings on the application made under section 13, of any document that contains information or evidence withheld from the respondent pursuant to an order made under subsection (1) of this section; but if any such document would, apart from this subsection, be required to be made available to the respondent, that document may be made available by making a copy of the document available with such deletions or alterations as are necessary.

(6)

Nothing in this section shall be construed to limit or restrict the provisions of any other enactment relating to the prohibition or regulation of—

(a)

the disclosure of evidence tendered in any judicial proceedings; or

(b)

the publication of reports or particulars relating to any such proceedings.

Section 15(1): amended, on 14 November 2018, by section 116 of the Courts Matters Act 2018 (2018 No 50).

Section 15(1): amended, on 5 December 2011, by section 38 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 15(3)(a)(i): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).