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Annex 11 Article 11 of the Law Society of Scotland Code of Conduct in Criminal Work
(11.1) A solicitor will receive in the course of defence work the documents, materials or recordings related to the cases in which he is instructed. These documents, materials and recordings will include those disclosed to the solicitor by the Crown Office and Procurator Fiscal Service (" COPFS"). A solicitor should not give a client, or any other third party, even on a temporary basis, copies of any documents, materials or recordings. There may be exceptional circumstances justifying a departure from this rule in a particular case and if the solicitor believes that such exceptional circumstances exist, he must refer the matter to the Professional Practice Department of the Law Society of Scotland for guidance. If items are to be given to the client or third party, the solicitor must explain that the items must retained securely by them; must be kept confidential; must not be revealed to others, let alone released to others; must not be copied and must be returned to the solicitor by a fixed date which must be as soon as possible having regard to the circumstances justifying giving the items to the client in the first place.
(11.2) Some documents, materials or recordings may be of a sensitive nature and should never be given to the client. These documents should only be shown to the client in circumstances where the solicitor is present and it is possible to exercise adequate supervision to prevent the client retaining possession of the material or making a copy of it. Before showing the client the material, the solicitor should ensure that he has redacted the material to obscure any information tending to identify the home address or contact details of a witness. Some examples of sensitive material or documents are listed below:-
(a) A precognition or statement of a victim of a sexual offence;
(b) A photograph or pseudo photograph of any such victim or a deceased victim;
(c) A medical or other report or statement relating to the physical or mental condition of any such victim or a deceased victim;
(d) Any document, other than a document served on the client by the Crown or by a co-accused, containing the addresses or telephone numbers of witnesses or their relatives/friends or information from which there addresses and telephone numbers can be deduced;
(e) Any video or audio recording of a statement made by a vulnerable witness; and
(f) Any record in relation to previous convictions or outstanding charges of complainers or witnesses.
(11.3) In the event of a solicitor ceasing to act on behalf of a client, that client being unrepresented, any documents, materials or recordings which had been disclosed should be returned to the COPFS. If there is a transfer of agency, the documents, materials or recordings should be transferred on receipt of a mandate to the new solicitor. When a case has been concluded, a solicitor holding material disclosed by the COPFS should arrange for the material to be stored securely or to be disposed of as confidential waste.
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