ABSTRACT
The prosecution may seek to claim public interest immunity at an ex parte hearing without notifying the defence. This is appropriate where the fact that an application is being made would in itself reveal to the defence the information to which the public interest immunity claim relates. The prosecution may seek to claim public interest immunity at an ex parte hearing, having notified the defence that an application is being made. This procedure is appropriate where revealing the nature of the relevant material would reveal to the defence the information to which the public interest immunity claim relates. Or finally, the prosecution may seek to claim public interest immunity at an inter partes hearing, having notified the defence of the nature of the material. Note, however, where the prosecution seeks to claim public interest immunity by way of one of the procedures described above, the court can direct the prosecution to adopt an alternative procedure.
