Cybersecurity Act · s 35

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

35.
Protection of informers
(1) Except as provided in subsection (3) —
(a) no information for an offence against this Act shall be admitted in evidence in any proceedings; and
(b) no witness in any proceedings for an offence under Part 3 is obliged or permitted to —
(i) disclose the name, address or other particulars of an informer who has given information with respect to that offence, or the substance of the information received from the informer; or
(ii) answer any question if the answer thereto would lead, or would tend to lead, to the discovery of the name, address or other particulars of the informer.
(2) If any book, document or paper which is in evidence or liable to inspection in any proceedings contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause the entries to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.
(3) If, in any proceedings before a court for an offence against this
Act, the court after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties thereto without the discovery of the name of an informer, the court may permit inquiry and require full disclosure concerning the informer.

Cybersecurity 52

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 35Protection of informers

(1)

Except as provided in subsection (3) —

(a)

no information for an offence against this Act shall be admitted in evidence in any proceedings; and

(b)

no witness in any proceedings for an offence under Part 3 is obliged or permitted to —

(i)

disclose the name, address or other particulars of an informer who has given information with respect to that offence, or the substance of the information received from the informer; or

(ii)

answer any question if the answer thereto would lead, or would tend to lead, to the discovery of the name, address or other particulars of the informer.

(2)

If any book, document or paper which is in evidence or liable to inspection in any proceedings contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause the entries to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.

(3)

If, in any proceedings before a court for an offence against this

Act, the court after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties thereto without the discovery of the name of an informer, the court may permit inquiry and require full disclosure concerning the informer.

Cybersecurity 52