37 Continuing duty of disclosure by prosecutor
37 Continuing duty of disclosure by prosecutor

Before section 8 of the 1996 Act there is inserted—

“7A Continuing duty of prosecutor to disclose

(1)     This section applies at all times—

(a)     after the prosecutor has complied with section 3 or purported to comply with it, and

(b)     before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned.

(2)     The prosecutor must keep under review the question whether at any given time (and, in particular, following the giving of a defence statement) there is prosecution material which—

(a)     might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused, and

(b)     has not been disclosed to the accused.