Page:Security Offences (Special Measures) Act 2012.pdf/13

Rh (4) Upon delivery of the statement or summary of the sensitive information pursuant to section 51 of the Criminal Procedure Code, if the accused objects to the admission of the statement or summary of the sensitive information as evidence, the accused’s counsel shall be allowed to—
 * (a) view the sensitive information;
 * (b) submit against admission of the statement or summary of the sensitive information in the trial; and
 * (c) submit that the sensitive information is to be disclosed to the accused.

(5) The Public Prosecutor shall then submit rebuttal submission.

(6) The hearing shall be held in camera.

(7) After hearing the Public Prosecutor’s submission, the court shall decide whether—
 * (a) the statement or summary of the sensitive information is admissible as evidence; or
 * (b) the sensitive information be disclosed to the accused.

(8) The decision of the court under this section is nonappealable.

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.