Examination material and examinee
4B Examination material and examinee
Examination material is:
any evidence given by a person before an examiner at an examination; or
a document or thing produced by a person to an examiner at an examination; or
any information that might enable a person who has given evidence before an examiner at an examination to be identified; or
the fact that a person has given or may be about to give evidence at an examination.
To avoid doubt, information, a document or a thing is not covered by paragraph (1)(a) or (b) to the extent that it is obtained otherwise than at an examination.
Before a document is produced at an examination, a law enforcement agency obtains a copy of the document when executing a search warrant. The copy obtained under the warrant is not examination material.
The examinee is:
for an examination or examination material—the person referred to in paragraph (1)(a), (b), (c) or (d); or
for derivative material—the person who is the examinee for the examination material from which the derivative material was obtained.
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