Commentary on Sections Part 6 - Disclosure Section 155 – Review of section 145 order
672.This section entitles the prosecutor or the accused to apply to the court to seek review of a section 145 order. This would be on the basis that they have become aware of information which was not available at the time the order was made.
673.Subsections (1) and (2) provide that such an application for review can be made only where the court has made a section 145 order, where the prosecutor or accused becomes aware of information that was unavailable to the court at the time of making that order and that the prosecutor or accused considers that the section 145 order should be revisited in light of this new information. Where appointed, special counsel may also make the application.
674.Subsection (3) provides who can attend the review hearing. Subject to subsection (4), the same parties as were heard in relation to the section 145 order will have the opportunity to make representations.
675.In terms of subsection (4), where there was a non-notification order in place and the court is satisfied that the grounds for non-notification remain, the court may make an order prohibiting the accused from being notified of the application for review, thus having the same effect as a non-notification order.
676.Similarly, in terms of subsection (5), where there was an exclusion order in place and the court is satisfied that the grounds for exclusion remain, the court may make an order excluding the accused from the review.
677.Subsection (6) provides that if the court on reviewing the order in light of the new information is satisfied that the grounds for the section 145 order no longer remain, the court may recall the order, or make an order for partial disclosure.
678.Subsections (8) and (9) have the effect of allowing applications for review at any time following the making of the section 145 order until the conclusion of the proceedings, as defined in subsection (9).