While a mandatory prosecution application is being reviewed, what may a party see of the file, and what might the court still let them see?
General information · Not legal advice
Material to check
In the practice file of this exercise, read the application for a mandatory prosecution, the court's paper showing the review has opened, the list of related documents and evidence items, and any request asking the court for permission to inspect or copy.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the prohibition at full strength: while the review of a mandatory prosecution application is pending, related documents and evidence items may not be inspected or copied, so the papers in the file stay out of the parties' hands for that whole period.
Another reading turns on the proviso, where the court 'may permit' inspection or copying of documents made wholly or in part in the course of the evidence examination carried out under the later part of the provision on mandatory prosecution applications, which leaves the decision with the court and reaches nothing else in the file.
Your judgment
When the court permits only part of the documents made in the evidence examination, how could a party put on the record why the rest is still needed?
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 which papers may be inspected or copied during the review, or if a court decision defines what counts as a document made in the course of that evidence examination.