sec.149Court to decide matters afresh

### sec.149 Court to decide matters afresh A Magistrates Court hearing an appeal under section 148 is to decide afresh whether the information given to the chief executive as investigative information about the investigated person is investigative information. A person who is the relevant complainant under section 147 must not be asked or called on by the investigated person to give evidence in person before the court. Subsection (2) does not prevent documentary evidence being tendered and received in evidence by the court. After hearing the appeal, the court may confirm or set aside the decision. For subsection (4) , the court must have regard to the matters the police commissioner was required to have regard to under this Act when the police commissioner made the decision. The clerk of the court must give notice of the decision to the investigated person and the chief executive. (sec.149-ssec.1) A Magistrates Court hearing an appeal under section 148 is to decide afresh whether the information given to the chief executive as investigative information about the investigated person is investigative information. (sec.149-ssec.2) A person who is the relevant complainant under section 147 must not be asked or called on by the investigated person to give evidence in person before the court. (sec.149-ssec.3) Subsection (2) does not prevent documentary evidence being tendered and received in evidence by the court. (sec.149-ssec.4) After hearing the appeal, the court may confirm or set aside the decision. (sec.149-ssec.5) For subsection (4) , the court must have regard to the matters the police commissioner was required to have regard to under this Act when the police commissioner made the decision. (sec.149-ssec.6) The clerk of the court must give notice of the decision to the investigated person and the chief executive.