The Criminal Procedure Rules 2005

Forfeiture of object used or disclosed without authority

26.5.—(1) Where the Crown Court finds a person guilty of contempt under section 18 of the Criminal Procedure and Investigations Act 1996 and proposes to make an order under section 18(4) or (7), the court may adjourn the proceedings.

(2) Where the court adjourns the proceedings under paragraph (1), the court officer shall give notice to the person found guilty and to the prosecutor—

(a) that the court proposes to make such an order and that, if an application is made in accordance with paragraph (5), it will before doing so hear any representations made by the person found guilty, or by any person in respect of whom the prosecutor gives notice to the court under paragraph (3); and

(b) of the time and date of the adjourned hearing.

(3) Where the prosecutor has reason to believe that a person may claim to have an interest in the object which has been used or disclosed in contravention of section 17 of the 1996 Act he shall, on receipt of notice under paragraph (2), give notice of that person’s name and address to the court office for the court which made the finding of guilt.

(4) Where the court officer receives a notice under paragraph (3), he shall, within 7 days of the finding of guilt, notify the person specified in that notice—

(a) that the court has made a finding of guilt under section 18 of the 1996 Act, that it proposes to make an order under section 18(4) or, as the case may be, 18(7) and that, if an application is made in accordance with paragraph (5), it will before doing so hear any representations made by him; and

(b) of the time and date of the adjourned hearing.

(5) An application under section 18(6) of the 1996 Act shall be made by notice in writing to the court officer not less than 24 hours before the time set for the adjourned hearing.

[Note. Formerly rule 6 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules 1997.]