When must the presiding judge permit a victim to inspect or copy the trial record, and on what grounds may that permission be withheld?
General information · Not legal advice
Material to check
In a practice file we read the application to inspect or copy the record, to see which eligible person's status is asserted, and any paper showing why the record is needed for the victim's rights redress or for making a statement. We also read the record of the notice of the application, showing that the prosecutor, the accused or defence counsel was told of it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the main clause together with its proviso: the presiding judge must permit inspection or copying where it is recognised as necessary for the victim's rights redress or for securing the right to make a statement, and only where neither refusal ground the proviso lists applies.
Another reading keeps the proviso's own tests in view, since the presiding judge may still withhold permission where the case falls within the categories the Act sets out, or where, considering the circumstances of the hearing, there is a substantial reason, so a recognised necessity does not by itself settle the outcome.
Your judgment
What in the file could show that access is necessary for the victim's rights redress or for making a statement, rather than merely useful?
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 change the necessity test or the refusal grounds, or if a court decision explains what counts as a substantial reason in the circumstances of the hearing.