Textual Amendments
F1Rules 5.7-5.11 and cross-heading substituted for rules 5.7, 5.8 (4.10.2021) by The Criminal Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/849), rules 1, 5(c)
5.10.—(1) This rule applies where the court officer refers to the court a request for information under rule 5.8 (Request for information about a case) or rule 5.9 (Request for information by a party or person directly affected by a case).
(2) The court officer must—
(a)serve the request on—
(i)the applicant for any direction, order or warrant that the request concerns which was made or issued in the absence of the party or person making the request, and
(ii)anyone else, and to such extent, as the court directs; and
(b)notify the party or person making the request of—
(i)the date of its service under this rule, and
(ii)the identity of each person served with it, if the court so directs.
(3) If a party or person served with the request objects to the supply of information requested the objector must—
(a)give notice of the objection not more than 20 business days after service of the request, or within any longer period allowed by the court;
(b)serve that notice on the court officer and on the party or person making the request; and
(c)if the objector wants a hearing, explain why one is needed.
(4) A notice of objection must explain—
(a)whether the objection is to the supply of the whole of the information requested, or only to the supply of a specified part or specified parts;
(b)whether the objection applies without limit of time, or only for a specified period (for example, until a date or event specified by the objector); and
(c)the grounds of the objection.
(5) Where a notice of objection includes material that the objector thinks ought not be revealed to the party or person making the request, the objector must—
(a)omit that material from the notice served on that party or person;
(b)mark the material to show that it is only for the court; and
(c)with that material include an explanation of why it has been withheld.
(6) The court must not determine the request, and information requested must not be supplied, until—
(a)each party or person served with the request has had at least 20 business days, or any longer period allowed by the court, in which to object or make other representations; and
(b)the court is satisfied that in all the circumstances every such party or person has had a reasonable opportunity to do so.
(7) The court may determine the request—
(a)without a hearing; or
(b)at a hearing, which—
(i)may be in public or private, but
(ii)must be in private, unless the court otherwise directs, where the request concerns a direction, order or warrant made or issued in the absence of the party or person making the request.
(8) Where a notice of objection includes material that the objector thinks ought not be revealed to the party or person making the request—
(a)any hearing of the request may take place, wholly or in part, in the absence of the party or person making it; and
(b)at any such hearing the general rule is that the court must consider, in the following sequence—
(i)representations first by the party or person making the request and then by the objector, in the presence of both, and then
(ii)further representations by the objector, in the absence of the party or person making the request
but the court may direct other arrangements for the hearing.
(9) In deciding whether to order the supply of the information requested the court must have regard to—
(a)the open justice principle;
(b)any reporting restriction;
(c)rights and obligations under other legislation;
(d)the importance of any public interest in the withholding of that information, or in its supply only in part or subject to conditions (which public interest might be, for example, in preventing injustice, protecting others’ rights, protecting the confidentiality of a criminal investigation or protecting national security); and
(e)the extent to which that information is otherwise available to the party or person making the request.
(10) Where the court orders the supply of the information requested the supply may be, at the court’s direction—
(a)by word of mouth;
(b)in writing, including by written certificate or extract from a court record; or
(c)by a copy of a document.
[Note. See also rule 5.7 (The open justice principle).
The court’s decision under this rule may be affected by—
(a)a reporting restriction imposed by legislation or by the court (Part 6 lists the reporting restrictions that might apply);
(b)Articles 6, 8 and 10 of the European Convention on Human Rights;
(c)the Rehabilitation of Offenders Act 1974 (section 5 of the Act lists sentences and rehabilitation periods);
(d)section 18 of the Criminal Procedure and Investigations Act 1996, which affects the supply of information about material, other than evidence, disclosed by the prosecutor;
(e)Part 3 of the Data Protection Act 2018 (sections 43(3) and 117 of which make exceptions for criminal proceedings from some other provisions of that Act); and
(f)sections 33, 34 and 35 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which affect the supply of information about applications for legal aid.]]