6.9.—(1) This rule applies where the court can give permission to—
(a)bring into a hearing for use, or use during a hearing, a device for—
(i)recording sound, or
(ii)communicating by electronic means; or
(b)publish a sound recording made during a hearing.
(2) The court may give such permission—
(a)on application; or
(b)on its own initiative.
(3) A person who wants the court to give such permission must—
(a)apply as soon as reasonably practicable;
(b)notify—
(i)each party, and
(ii)such other person (if any) as the court directs; and
(c)explain why the court should permit the use or publication proposed.
(4) As a condition of the applicant using such a device, the court may direct arrangements to minimise the risk of its use—
(a)contravening a reporting restriction;
(b)disrupting the hearing; or
(c)compromising the fairness of the hearing, for example by affecting—
(i)the evidence to be given by a witness, or
(ii)the verdict of a jury.
(5) Such a direction may require that the device is used only—
(a)in a specified part of the courtroom;
(b)for a specified purpose;
(c)for a purpose connected with the applicant’s activity as a member of a specified group, for example representatives of news-gathering or reporting organisations; or
(d)at a specified time, or in a specified way.
Commencement Information
I1Rule 6.9 in force at 5.10.2020, see Preamble
6.10.—(1) This rule applies where someone without the court’s permission—
(a)uses a device for recording sound during a hearing; or
(b)publishes a sound recording made during a hearing.
(2) The court may exercise its power to forfeit the device or recording—
(a)on application by a party, or on its own initiative; and
(b)provisionally, despite rule 6.2(3), to allow time for representations.
(3) A party who wants the court to forfeit a device or recording must—
(a)apply as soon as reasonably practicable;
(b)notify—
(i)as appropriate, the person who used the device, or who published the recording, and
(ii)each other party; and
(c)explain why the court should exercise that power.
[Note. Under section 9(3) of the Contempt of Court Act 1981(1), the court can forfeit any device or recording used or made in contravention of section 9(1) of the Act.]
Commencement Information
I2Rule 6.10 in force at 5.10.2020, see Preamble