Disclosure of information held by public bodies
42.—(1)  Subject to subsection (4), the General Division of the High Court may, on an application by the Public Prosecutor, order any material mentioned in subsection (3) which is in the possession of a public body to be produced to the General Division of the High Court within such period as the General Division of the High Court may specify.
[Act 40 of 2019 wef 02/01/2021]
(2)  The power to make an order under subsection (1) is exercisable if —
(a)the powers conferred on the General Division of the High Court by sections 16(1) and 17(1) are exercisable by virtue of section 15(1); or
[Act 40 of 2019 wef 02/01/2021]
(b)those powers are exercisable by virtue of section 15(2) and the General Division of the High Court has made a restraint or charging order which has not been discharged.
[Act 40 of 2019 wef 02/01/2021]
(2A)  Where the power to make an order under subsection (1) is exercisable by virtue only of subsection (2)(b), section 15(3) shall apply for the purposes of this section as it applies for the purposes of sections 16 and 17.
(3)  The material referred to in subsection (1) is any material which —
(a)has been submitted to an officer of a public body by the defendant or by a person who has at any time held property which was realisable property;
(b)has been made by an officer of a public body in relation to the defendant or such a person; or
(c)is correspondence which passed between an officer of a public body and the defendant or such a person.
(3A)  An order under subsection (1) may require the production of all material referred to in subsection (3), or of a particular description of such material, being material in the possession of the body concerned.
(4)  An order under subsection (1) shall not require the production of any material unless it appears to the General Division of the High Court that the material is likely to contain information that would facilitate the exercise of the powers conferred on the General Division of the High Court by section 16, 17 or 19 or on a receiver appointed under section 16 or 19 or in pursuance of a charging order.
[Act 40 of 2019 wef 02/01/2021]
(5)  The General Division of the High Court may, by order, authorise the disclosure to such a receiver of any material produced under subsection (1) or any part of such material.
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(5A)  The General Division of the High Court shall not make an order under subsection (5) unless a reasonable opportunity has been given for an officer of the public body to make representations to the General Division of the High Court.
[Act 40 of 2019 wef 02/01/2021]
(6)  Material disclosed in pursuance of an order under subsection (5) may, subject to any conditions contained in the order, be further disclosed for the purposes of the functions under this Act of the receiver or the General Division of the High Court.
[Act 40 of 2019 wef 02/01/2021]
(7)  The General Division of the High Court may, by order, authorise the disclosure to an authorised officer of any material produced under subsection (1) or any part of such material.
[Act 40 of 2019 wef 02/01/2021]
(7A)  The General Division of the High Court shall not make an order under subsection (7) unless —
(a)a reasonable opportunity has been given for an officer of the public body to make representations to the General Division of the High Court; and
[Act 40 of 2019 wef 02/01/2021]
(b)it appears to the General Division of the High Court that the material is likely to be of substantial value in exercising functions relating to drug dealing or criminal conduct, as the case may be.
[25/99]
[Act 21 of 2014 wef 01/09/2014]
[Act 40 of 2019 wef 02/01/2021]
(8)  Material disclosed in pursuance of an order under subsection (7) may, subject to any conditions contained in the order, be further disclosed for the purposes of functions relating to drug dealing or criminal conduct, as the case may be.
[25/99]
[Act 21 of 2014 wef 01/09/2014]
(9)  Material may be produced or disclosed in pursuance of this section notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise.
(10)  An order under subsection (1) and, in the case of material in the possession of a public body, an order under section 30(2) may require any officer of the public body (whether named in the order or not) who may for the time being be in possession of the material concerned to comply with it, and such an order shall be served as if the proceedings were civil proceedings against the Government.
(11)  In this section, “public body” means —
(a)any Ministry or Government department; and
(b)any body specified by the Minister by notification published in the Gazette to be a public body for the purposes of this section.
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