35EProcedure on application for review

35E Procedure on application for review (1) This section applies if an application is made to a court for review of a decision by the Chief Commissioner under section 33 to make an exclusion order. (2) If the Chief Commissioner objects to the disclosure or production of protected information at the hearing of the application for review, the Chief Commissioner may apply before the hearing to the court to hear and determine the application for review— S. 35E(2)(a) amended by No. 37/2014 s. 10(Sch. item 139.3(a)). (a) at a hearing at which evidence given by a police officer is given on the basis of a confidential affidavit that is not disclosed to one or more of the parties or any representative of those parties; or (b) at a hearing held in closed court in which the Chief Commissioner and each party to the proceeding has a right to make submissions; or (c) at a hearing held without notice to, and without the presence of, one or more of the parties or any representative of those parties; or (d) by any combination of the methods set out in paragraphs (a), (b) and (c). (3) If the court is satisfied that it is not in the public interest to hear and determine the application for review by the method elected by the Chief Commissioner, the court may hear and determine the application by any other method set out in subsection (2). (4) In deciding which method to hear and determine the application for review, the court must take into account— (a) the public interest in protecting the confidentiality of police investigative techniques and protected information in the possession of the police; and (b) the extent to which the method of hearing and determining the matter may disclose any intelligence information, or document or thing the disclosure of which— S. 35E(4)(b)(i) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(i)). (i) reveals the identity of the police officer who provided information on the basis of which the exclusion order was made or puts that police officer's safety at risk; or S. 35E(4)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(ii)). (ii) reveals the identity of a person who has provided a police officer with information on the basis of which the exclusion order was made, or puts that person's safety at risk; or S. 35E(4)(b)(iii) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(ii)). (iii) reveals the identity of a person whose name appears in any evidence given or information provided to a police officer relating to an investigation, or puts that person's safety at risk; or S. 35E(4)(b)(iv) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(ii)). (iv) reveals the identity of a person who is or has been the subject of an investigation by a police officer, or puts that person's safety at risk; or S. 35E(4)(b)(v) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(ii)). (v) places at risk an ongoing investigation by a police officer; or S. 35E(4)(b)(vi) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(iii)). (vi) risks the disclosure of any investigative method used by police officers; or (vii) is otherwise not in the public interest. S. 35E(5) amended by No. 37/2014 s. 10(Sch. item 139.3(c)). (5) If the court decides to hear and determine the application for review by the method set out in subsection (2)(a), the court may require the police officer to provide the court with any further confidential affidavits the court requires to determine the application. (6) In this section ***protected information*** means any intelligence information, document or thing the production or inspection of which— (a) is likely to reveal any matter referred to in subsection (4)(b)(i) to (iv); or S. 35E(6)(b) amended by No. 37/2014 s. 10(Sch. item 139.3(d)(i)). (b) is likely to place at risk an ongoing investigation by a police officer; or S. 35E(6)(c) amended by No. 37/2014 s. 10(Sch. item 139.3(d)(ii)). (c) is likely to risk the disclosure of any investigative method used by police officers; or (d) is otherwise not in the public interest. S. 35F inserted by No. 3/2009 s. 15.