Which copies seen or copied at the prosecutor's direction may the accused or defence counsel hand to anyone else, and for what purpose may that be done?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the prosecutor's authorisation of inspection or copying and the list of papers it covers, to see which copies fall inside the provision; we also read any paper showing who received a copy and the preparation in the case or related proceedings that the sharing was said to serve.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that the accused or defence counsel, including a former accused or former defence counsel, must not hand or present to another person, including by providing it over telecommunications equipment, a copy of the documents and papers the prosecutor allowed to be inspected or copied under the disclosure provision, for any purpose other than preparation in the case or in related proceedings; sharing for that preparation is therefore outside the prohibition.
Another reading stresses that the provision attaches only to a copy of what the prosecutor allowed to be inspected or copied under the disclosure provision, so the file has to show the link between the paper shared and that authorisation, and the provision does not say how that link is proved.
Your judgment
What in the file could show that a copy given to another person was for preparation in the case or related proceedings rather than any other purpose?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to widen or narrow the permitted purpose or the papers it covers, or if a court decision explains what counts as related proceedings or how the link to the prosecutor's authorisation is shown.