Which court papers may anyone inspect and copy at the court that keeps them, and when may access be limited?
General information · Not legal advice
Material to check
In a practice file we check the certified copy of the judgment and its date, the list of evidence once the case is final, and any list of documents and items the prosecution, the accused or defence counsel filed with the court, since each sits at a different point in the provision.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that anyone may inspect and copy, at the court keeping the records, a judgment once judgment has been pronounced, whether or not it is final, and that once a case is final the list of evidence and the titles or lists of documents and items filed by the prosecution, the accused or defence counsel are also open to anyone.
Another reading reads the proviso as a discretionary power: access may be limited where the hearing was held in private, the case concerns a juvenile under the Juvenile Act, access could facilitate evidence destruction or flight by joint offenders and others, the trial of a related case could be seriously affected, a risk of substantially impairing national security is clear, a ground cross-referenced from another provision exists but only where a party applies, or a case not yet final could see its trial seriously affected.
Your judgment
When the court limits access to a file's judgment, which ground does the record show it relied on, and what does the file hold to show that ground was met?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the list of limiting grounds is amended, or if a decision explains how seriously a court must weigh the risk of a serious impact on the trial of a related case.