Section 23Part 11 — Miscellaneous
Officers not required to disclose information
←→ Navigate · Click subsection badges to collapse · Press ? for help
Subject to subsection (2), no officer of the Centre, or the JPIP Agency shall be required to —
produce in any court or to another approved authority, any document that has come into the custody or control of the Centre or, the JPIP Agency in the course of, or because of, the performance of functions or duties under this Law; or
divulge, communicate or produce to or before such a body, any matter or thing that has come to the notice of the officer in the performance of functions or duties under this Law,
except where —
it is necessary to do so for the purpose of carrying the provisions of this Law into effect; or
a court, on an application, considers that it is necessary to do so in the interest of justice and that such production or disclosure is not likely to adversely affect the intent and purposes of this Law, and orders accordingly.
Where a court makes an order under subsection (1) for production or disclosure, the Director of Public Prosecutions or a person aggrieved by the order may —
upon the making of the order, give oral notice; or
within seven days of the making of the order, give written notice,
of his intention to appeal against the order.
Where notice is given under subsection (2), the court shall stay the execution of the order pending the outcome of the appeal.
Where, in the determination of legal proceedings it becomes necessary for the judge or magistrate presiding to be advised of a person's participation in the Programme, the Director of Public Prosecutions may issue a certificate in the form set out in Schedule 6.
A certificate issued under subsection (4) shall be conclusive evidence that the person named therein is a participant in the Programme for any of the purposes of the legal proceedings and the judge or magistrate shall not disclose the fact of that person's participation in the Programme otherwise than in accordance with this Law.