Crimes (Sentencing) Act 2005

This section applies if a court (on appeal or otherwise)—

deals with the question of whether information classified by the chief police officer as criminal intelligence is criminal intelligence; or

finds that information is criminal intelligence, and the information is not withdrawn.

The court must maintain the confidentiality of the information.

The court may take any steps it considers appropriate to maintain the confidentiality of the information.

The court must not give any reason for making a finding in relation to the information, other than public interest.

However, if the court finds that information is not criminal intelligence, and the information is not withdrawn—

the court need not maintain the confidentiality of the information and may give reasons for the finding; and

any other court need not maintain the confidentiality of the information and may give reasons for making a finding in relation to the information.

This section is subject to section 61O.