The Criminal Procedure Rules 2020

SECTION 1: GENERAL RULES E+W

When this Part applies E+W

47.1.  This Part applies to the exercise of the powers listed in each of rules 47.4, 47.24, 47.35, 47.42, 47.46, 47.51, 47.54, 47.59 [F1 and 47.63].

Textual Amendments

F1 Words in rule 47.1 substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 27(a) (with rule 3)

Commencement Information

I1 Rule 47.1 in force at 5.10.2020, see Preamble

Meaning of ‘court’, ‘applicant’ and ‘respondent’ E+W

47.2.  In this Part—

(a) a reference to the ‘court’ includes a reference to any justice of the peace or judge who can exercise a power to which this Part applies;

(b) ‘applicant’ means a person who, or an authority which, can apply for an order or warrant to which this Part applies; and

(c) ‘respondent’ means any person—

(i) against whom such an order is sought or made, or

(ii) on whom an application for such an order is served.

Commencement Information

I2 Rule 47.2 in force at 5.10.2020, see Preamble

Documents served on the court officer E+W

47.3.— [F2 (1) Unless the court otherwise directs—

(a) the court officer—

(i) may keep a written application, or arrange for the whole or any part to be kept by some other appropriate person, including the applicant, subject to any conditions that the court may impose, and

(ii) must arrange for any separate document to which rule 47.26(4) refers (information that the applicant thinks should be kept confidential) to be retained by the applicant, subject to any such conditions; and

(b) a person who, under such arrangements, keeps an application or retains such a document must return it to the court if and when the court officer so requires.]

(2) Where the court makes an order when the court office is closed, the applicant must, not more than 72 hours later, serve on the court officer—

(a) a copy of the order; and

(b) any written material that was submitted to the court.

(3) Where the court issues a warrant—

(a) the applicant must return it to the court officer as soon as practicable after it has been executed, and in any event not more than 3 months after it was issued (unless other legislation otherwise provides); and

(b) the court officer must—

(i) keep the warrant for 12 months after its return, and

(ii) during that period, make it available for inspection by the occupier of the premises to which it relates, if that occupier asks to inspect it.

[Note. See section 16(10) of the Police and Criminal Evidence Act 1984(1).]

Textual Amendments

F2 Rule 47.3(1) substituted (4.10.2021) by The Criminal Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/849), rules 1, 12(a)

Commencement Information

I3 Rule 47.3 in force at 5.10.2020, see Preamble

(1)

1984 c. 60; section 16(10) was substituted by section 114 of the Serious Organised Crime and Police Act 2005 (c. 15).