75Determining protection application

75 Determining protection application

(1) After hearing a protection application, the Court may make a criminal intelligence protection order in respect of all or any part of the information, document or other thing to which the application relates if the Court is satisfied that—

(a) the information, document, thing or part is criminal intelligence; and

S. 75(1)(b) amended by No. 37/2024 s. 48(1).

(b) the reasons for maintaining the confidentiality of the criminal intelligence outweigh any prejudice or unfairness to the relevant party to the substantive application.

(2) If the Court declines to make a criminal intelligence protection order in respect of all or any part of the information, document or other thing—

(a) the Chief Commissioner is not obliged to adduce that information, document, other thing or part in evidence in the proceeding on the substantive application; and

S. 75(2)(b) substituted by No. 37/2024 s. 48(2).

(b) if the substantive application was made by the Chief Commissioner, the Chief Commissioner may withdraw the substantive application.

S. 75(3) amended by No. 37/2024 s. 48(3).

(3) If the substantive application was made by the Chief Commissioner, the Chief Commissioner may also withdraw the substantive application if the Court at any time during the proceeding on the substantive application makes an order for discovery of all or any part of the information, document or other thing that was the subject of the protection application, whether or not a criminal intelligence protection order was made.