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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Crown Court (Reports Relating to Adult Witnesses) Rules 2004 No. 2420 URL: http://www.bailii.org/uk/legis/num_reg/2004/20042420.html |
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| Made | 13th September 2004 | ||
| Laid before Parliament | 16th September 2004 | ||
| Coming into force | 7th October 2004 |
(3) Reference to a form is a reference to a form set out in the Schedule to these Rules or a form with the same effect.
Application for a reporting direction
2.
- (1) An application for a reporting direction made by a party to any criminal proceedings, in relation to a witness in those proceedings, must be made in writing in Form A or orally under rule 4.
(2) If an application for a reporting direction is made in writing, the applicant shall send that application to the appropriate court officer and copies shall be sent at the same time to every other party to those proceedings.
Opposing an application for a reporting direction
3.
- (1) If an application for a reporting direction is made in writing, any party to the proceedings who wishes to oppose that application must notify the applicant and the appropriate court officer in writing of his opposition and give reasons for it.
(2) A person opposing an application must state in the written notification whether he disputes that the-
(3) The notification under paragraph (1) must be given within five business days of the date the application was served on him unless an extension of time is granted under rule 7.
Urgent action
4.
- (1) The court may give a reporting direction under section 46 of the Act in relation to a witness in those proceedings, notwithstanding that the five business days specified in rule 3(3) have not expired if:
(2) Any party to the proceedings may make the application under paragraph (1) whether or not an application has already been made under rule 2.
(3) An application under paragraph (1) may be made orally or in writing.
(4) If an application is made orally, the court may hear and take into account representations made to it by any person who in the court's view has a legitimate interest in the application before it.
(5) The application must specify the exceptional circumstances on which the applicant relies.
Excepting direction
5.
- (1) An application for an excepting direction may be made by-
(2) If an application for an excepting direction is made, the applicant must state why-
(3) An application for an excepting direction may be made in writing, pursuant to paragraph (4), at any time after the commencement of the proceedings in the court or orally at a hearing of an application for a reporting direction.
(4) If the application for an excepting direction is made in writing it must be in Form B and the applicant shall send that application to the appropriate court officer and copies shall be sent at the same time to every party to those proceedings.
(5) Any person served with a copy of an application for an excepting direction who wishes to oppose it, must notify the applicant and the appropriate court officer in writing of his opposition and give reasons for it.
(6) The notification under paragraph (5) must be given within five business days of the date the application was served on him unless an extension of time is granted under rule 7.
Variation or revocation
6.
- (1) An application for the court to-
may be made to the court at any time after the commencement of the proceedings in the court.
(2) An application under paragraph (1) may be made by a party to the proceedings in which the direction was issued, or by a person who, although not a party to those proceedings, is in the opinion of the court directly affected by the direction.
(3) An application under paragraph (1) must be made in writing and the applicant shall send that application to the appropriate officer of the court in which the proceedings commenced, and at the same time copies of the application shall be sent to every party or, as the case may be, every party to the proceedings.
(4) The applicant must set out in his application the reasons why he seeks to have the direction varied or, as the case may be, revoked.
(5) Any person served with a copy of an application who wishes to oppose it, must notify the applicant and the appropriate court officer in writing of his opposition and give reasons for it.
(6) The notification under paragraph (5) must be given within five business days of the date the application was served on him unless an extension of time is granted under rule 7.
Application for an extension of time
7.
- (1) An application may be made in writing to extend the period of time for notification under rules 3(3), 5(6) or 6(6) before that period has expired.
(2) An application must be accompanied by a statement setting out the reasons why the applicant is unable to give notification within that period.
(3) An application must be sent to the appropriate court officer and a copy of the application must be sent at the same time to the applicant.
Decisions of the court
8.
- (1) The court may-
(2) The appropriate court officer shall notify all the parties of the court's decision as soon as reasonably practicable.
(3) If a hearing of an application is to take place, the appropriate court officer shall notify each party to the proceedings of the time and place of the hearing.
(4) A court may hear and take into account representations made to it by any person who in the court's view has a legitimate interest in the application before it.
Hearings in camera
9.
If in any proceedings, a prosecutor or defendant has served notice under rule 24A(1) of the Crown Court Rules 1982[3] of his intention to apply for an order that all or part of a trial be held in camera, any application under these Rules relating to a witness in those proceedings need not identify the witness by name and date of birth.
Falconer of Thoroton, C.
Woolf, C.J.
Master Venne
Carol Hagen
Jeffrey Pegden, Q.C.
Peter Carter. Q.C.
Elizabeth Barnett, J.P.
Graham White
Ewen Smith
Dated 13th September 2004
| Details required | Notes |
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1.
Details of applicant |
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2.
Details of witness Name of witness: Date of birth of witness: |
If these details have not been given, please provide the reason below. These details need not be given where:
(b) the applicant can show that there is a good reason for not providing such details in order to protect the true identity of that witness. |
|
3.
Case details Name of Crown Prosecution Service office: Crown Prosecution Service number: Defendant(s): surname: forenames: Case reference numbers:
(b) trial number:
Court area: |
The area in which the court hearing the case is situated. Give brief details of those charges to which this application applies. |
|
4.
Details of application State the grounds on which the applicant relies in support of the application for a reporting direction: Give a description of evidence submitted in support of this application: Set out the views of the witness for whom the direction is sought on this application: |
The statement should make clear why, in the applicant's view, if the direction is not given-(a) the quality of evidence given by the witness, or
is likely to be diminished by fear or distress if the witness is identified by members of the public as a witness in the proceedings. |
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5.
Does the application need to be determined URGENTLY (i.e. on less than 5 days' notice)? |
If so, give reasons and specify any time-limit by which the application needs to be determined. |
|
6.
Public interest and interests of justice State why a reporting direction-
(b) is in the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of proceedings. |
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Signature of applicant or applicant's Solicitor: |
Date: |
| Details required | Notes |
|
1.
Details of applicant |
|
|
2.
Details of witness Name of witness: Date of birth of witness: |
If these details have not been given, please provide the reason below. These details need not be given where:
(b) the applicant can show that there is a good reason for not providing such details in order to protect the true identity of that witness. |
|
3.
Case details Name of Crown Prosecution Service office: Crown Prosecution Service number: Defendant(s): surname: forenames: Case reference numbers:
(b) trial number:
Court area: |
The area in which the court hearing the case is situated. Give brief details of those charges to which this application applies. The applicant should attach a copy of the reporting direction if available. |
|
4.
Details of application State the extent to which you invite the court to dispense with the restrictions imposed by the reporting direction. In particular state why-
(b) it would be in the interests of justice to do so.
If the applicant is not a party to the proceedings, state why they are directly affected by a reporting direction given in relation to a witness in those proceedings. |
|
|
Signature of applicant or applicant's Solicitor: |
Date: |
[3] S.I.1982/1109; the relevant amending instrument is S.I.1989/1103.back
