Offences relating to applicable statements and audiovisual recordings
5.—(1)  A person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 2 years or to both, if the person —
(a)without the authorisation of a relevant officer, makes a copy of an audiovisual recording mentioned in regulation 3;
(b)knows or has reason to believe that the audiovisual recording the person is making a copy of is one mentioned in regulation 3; and
(c)knows or has reason to believe that the making of that copy is not authorised by any relevant officer.
(2)  A person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 2 years or to both, if the person —
(a)without the authorisation of a relevant officer, makes any audio recording, visual recording or audiovisual recording of the making of a statement mentioned in regulation 3(a) or (b);
(b)knows or has reason to believe that the statement, the making of which the person is making an audio recording, a visual recording or an audiovisual recording of, is one mentioned in regulation 3(a) or (b); and
(c)knows or has reason to believe that the making of that recording is not authorised by any relevant officer.
(3)  To avoid doubt, neither of the following constitutes the making under paragraph (2)(a) of an audio recording, a visual recording, or an audiovisual recording, of the making of a statement mentioned in regulation 3(a) or (b):
(a)the making of a drawing of any part of the process of making the statement;
(b)the making of a transcript of the whole or any part of any of the following:
(i)the statement;
(ii)the process of making the statement;
(iii)the aggregate of sounds made during that process.
(4)  A person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 2 years or to both, if the person —
(a)without the authorisation of a relevant officer, uses or distributes the original or a copy of an audiovisual recording mentioned in regulation 3;
(b)knows or has reason to believe that the audiovisual recording, the original or a copy of which the person uses or distributes, is one mentioned in regulation 3; and
(c)knows or has reason to believe that the use or distribution of that original or copy of that recording is not authorised by any relevant officer.
(5)  Paragraph (4) does not apply to any of the following:
(a)the use of the original or a copy of an audiovisual recording mentioned in regulation 3 for a viewing, pursuant to section 23(6)(a), 162(2), 166(2), 214(2), 218(2), 225B(3) or 235(7)(b) of the Code, of the audiovisual recording;
(b)the disclosure of the original or a copy of an audiovisual recording mentioned in regulation 3 by the prosecution to an accused or the accused’s advocate (if any) for the purposes of any criminal proceedings, whether such disclosure is voluntary or pursuant to any written law or rule of law or any order of court.