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Section 11

Sensitive information that arises during trial

of Security Offences (Special Measures) Act 2012

ActIn forceProvision 11 of 34
Section 11

(1)

If during the course of the trial the court issues a summons to the Public Prosecutor to produce a document under section 51 of the Criminal Procedure Code and the document contains sensitive information, the Public Prosecutor shall produce the documents for the court to refer to the document.

(2)

The court after referring to the document shall decide on the relevancy of the document in the trial.

(3)

Subject to subsection (4), if the court decides that the document is relevant the court shall then direct the Public Prosecutor to produce—

(a)

a statement setting out relevant facts that the sensitive information would tend to prove; or

(b)

a summary of the sensitive information, to be admitted as evidence.

Security Offences (Special Measures)

(4)

The court shall not direct the Public Prosecutor to produce any—

(a)

statement setting out relevant facts that the sensitive information would tend to prove; or

(b)

summary of the sensitive information, if the Minister certifies that the production of the statement or summary is prejudicial to national security or national interest.