Security Offences (Special Measures)
(8)
17
(a)
the statement or summary of the sensitive information is
admissible as evidence; or
(b)
the sensitive information be disclosed to the accused.
The decision of the court under this section is non-appealable.
Notice of accused’s intention to disclose sensitive information
9. (1) If an accused reasonably expects to disclose or to cause the
disclosure of sensitive information in any manner, in his defence, the
accused shall give two days’ notice to the Public Prosecutor and the
court in writing of his intention to do so.
(2) The notice shall include a brief description of the sensitive
information.
(3) Whenever an accused learns of additional sensitive
information which he reasonably expects to disclose at his trial, he
shall give two days’ notice to the Public Prosecutor and the court in
writing of his intention to do so and such notice shall include a brief
description of the sensitive information.
(4) No accused shall disclose any information known or believed
to be sensitive in connection with his trial until notice has been given
under this section and until the court makes a decision pursuant to the
procedure in section 10.
(5) If the accused fails to comply with the requirements in this
section, the court may preclude disclosure of any sensitive
information not made the subject of notice and may prohibit the
examination by the accused of any witness with respect to any such
information.
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