Section 345C — Crimes Act 1961: Trial Judge may excuse disclosure of information relating to Police investigations

345C Trial Judge may excuse disclosure of information relating to Police investigations (1) A Trial Judge may, upon application, order that the prosecution be excused from disclosing to the accused any details relating to the nature or the purpose of investigations referred to in the application. (2) An order shall not be made under this section in any case unless— (a) An application has been made under section 345B of this Act in relation to the same case; and (b) The reason for that application is that further or continuing investigations in respect of the subject-matter of the trial in that case or any other matter that may affect the trial are being or are to be made by or for the prosecutor; and (c) The disclosure of the information will or may prejudice the investigations referred to in the application under this section; and (d) It is not contrary to the interests of justice to withhold the information. (3) At the hearing of an application under this section, any evidence to be adduced by the prosecutor shall be tendered to the Trial Judge in affidavit form and shall not be disclosed to the accused or to his or her counsel or solicitor unless the Trial Judge otherwise directs after considering the evidence and hearing from the prosecutor. (4) If an order is made under subsection (1) of this section, the Registrar shall, at the conclusion of the hearing, hold all evidence adduced by the prosecutor secure against search until the order is discharged by the Court. (5) A Trial Judge may, at any time after an order under subsection (1) of this section has been made, either of his or her own motion or upon application by the accused or the prosecutor, discharge the order if the Trial Judge is satisfied, after hearing from the prosecutor, that— (a) The investigations which were the subject of the order have been completed; or (b) Disclosure of the information referred to in the order is necessary in the interests of justice. Sections 345A to 345D were inserted, as from 1 March 1996, by section 3 Crimes Amendment Act (No 2) 1995 (1995 No 68). See section 5 of that Act for the savings provision relating to indictments. See also clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1).