s. s. 32D 32D available, or disclose its contents, to the applicant for leave. S. 32C(7) (7) Evidence that, because of subsection (1), is not to amended by be compelled to be produced, produced or No. 2/2006 adduced in a legal proceeding is not admissible in s. 29(3). the proceeding. S. 32D 32D Restriction on granting leave inserted by No. 21/1998 s. 4. S. 32D(1) (1) A court must not grant leave to compel the amended by production of, to produce or to adduce protected No. 2/2006 evidence unless it is satisfied, on the balance of s. 30(1)(a). probabilities, that— (a) the evidence will, either by itself or having S. 32D(1)(a) substituted by regard to other evidence produced or No. 2/2006 adduced or to be produced or adduced by the s. 30(1)(b). party seeking leave, have substantial probative value to a fact in issue; and (b) other evidence of similar or greater probative value concerning the matters to which the protected evidence relates is not available; and (c) the public interest in preserving the confidentiality of confidential communications and protecting a protected confider from harm is substantially outweighed by the public interest in admitting, into evidence, evidence of substantial probative value. S. 32D(2) (2) Without limiting the matters that the court may substituted by take into account for the purposes of subsection No. 2/2006 s. 30(2). (1)(c), the court must take into account— (a) the likelihood, and the nature or extent, of harm that would be caused to the protected confider if the protected evidence is produced or adduced;
available, or disclose its contents, to the applicant for leave. S. 32C(7) amended by No. 2/2006 s. 29(3). (7) Evidence that, because of subsection (1), is not to be compelled to be produced, produced or adduced in a legal proceeding is not admissible in the proceeding. S. 32D inserted by No. 21/1998 s. 4. 32D Restriction on granting leave s. 32D S. 32D(1) amended by No. 2/2006 s. 30(1)(a). (1) A court must not grant leave to compel the production of, to produce or to adduce protected evidence unless it is satisfied, on the balance of probabilities, that— S. 32D(1)(a) substituted by No. 2/2006 s. 30(1)(b). (a) the evidence will, either by itself or having regard to other evidence produced or adduced or to be produced or adduced by the party seeking leave, have substantial probative value to a fact in issue; and (b) other evidence of similar or greater probative value concerning the matters to which the protected evidence relates is not available; and s. 32D (c) the public interest in preserving the confidentiality of confidential communications and protecting a protected confider from harm is substantially outweighed by the public interest in admitting, into evidence, evidence of substantial probative value. S. 32D(2) substituted by No. 2/2006 s. 30(2). (2) Without limiting the matters that the court may take into account for the purposes of subsection (1)(c), the court must take into account— (a) the likelihood, and the nature or extent, of harm that would be caused to the protected confider if the protected evidence is produced or adduced;
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