When must the prosecutor permit inspection or copying of the documents the prosecutor holds, and when may the prosecutor refuse that request?
General information · Not legal advice
Material to check
In the practice file, we read the application for inspection or copying, any written reasons the prosecutor sent, and papers showing whether the case is still pending and whether the request is needed for the victim's right to redress or statement rights.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that where the case is still pending and the applicant is the victim, their legal representative, or one of the victim's spouse, lineal relatives, siblings or lawyer authorised by them, and the prosecutor recognises inspection or copying as necessary for the victim's right to redress or the guarantee of statement rights, the prosecutor must permit it, and refusal is only a discretion the provision allows in defined cases.
Another reading stresses the grounds for refusal: the prosecutor may refuse where the request falls within one of the cases listed in the provision on restricting access, or where, in view of the state of the trial, there is a reasonable ground, so a request meeting the first conditions can still be turned down.
Your judgment
When the prosecutor refuses, how can the applicant show the refusal rests on a ground the provision actually allows?
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 provision is amended to change the grounds for refusal or the duty to notify reasons, or if a court decision explains what counts as a reasonable ground in view of the state of the trial.