What must be established for a court to inspect third-party records?

To permit a court to inspect third-party records, it has to be established that the material likely holds relevance to the case at hand. This relevance is crucial because the court must ensure that the records being inspected contain information that could impact the outcome of the proceedings or adequately inform the court regarding issues pertinent to the case.

For example, if a defendant argues that the evidence in the third-party records can demonstrate their innocence or mitigate their culpability, the court will need to assess if the records are likely to contain that information. Establishing this likelihood is a fundamental prerequisite for courts to balance privacy concerns with the need for a fair trial.

While the other options may involve certain aspects of legal process, they do not address the core requirement related directly to the inspection of the records. The willingness of the accused to agree to the inspection, a request from the prosecution, or allegations of misconduct by the defense do not inherently influence the necessity of demonstrating the potential relevance of the records in question.