The Criminal Procedure Rules 2015

Application for reporting restriction pending application for order for retrial

27.3.—(1) This rule applies where―

(a) no application has been made under rule 27.4 (Application for order for retrial);

(b) an investigation by officers has begun into an offence with a view to an application under that rule; and

(c) the Director of Public Prosecutions wants the Court of Appeal to make, vary or remove an order for a reporting restriction under section 82 of the Criminal Justice Act 2003 (Restrictions on publication in the interests of justice).

(2) The Director must—

(a) apply in writing;

(b) serve the application on—

(i) the Registrar, and

(ii) the defendant, unless the court otherwise directs.

(3) The application must, as appropriate—

(a) explain why the Director wants the court to direct that it need not be served on the defendant until the application under rule 27.4 is served;

(b) specify the proposed terms of the order, and for how long it should last;

(c) explain why an order in the terms proposed is necessary;

(d) explain why an order should be varied or removed.

[Note: For other rules about reporting restrictions, see Part 6.]