- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
3.—(1) This Rule applies to the hearing of an application by the prosecutor under section 3(6), 7(5), 8(5) or 9(8) where Part I applies by virtue of section 1(1).
(2) Subject to Rule 6(4), where a copy of the notice of application has been served on the accused in accordance with Rule 2(3)—
(a)the clerk of petty sessions shall give notice to—
(i)the prosecutor;
(ii)the accused;
(iii)any person claiming to have an interest in the material to which the application relates who has applied under section 16(b) to be heard by the court,
of the date and time when and the place where, the hearing will take place and, unless the court orders otherwise, such notice shall be given in writing;
(b)the hearing shall be inter partes; and
(c)the prosecutor and the accused shall be entitled to make representations to the court.
(3) Where the prosecutor applies to the court for leave to make representations in the absence of the accused, the court may for that purpose sit in the absence of the accused and any legal representative of his.
(4) Where a copy of the notice of application has not been served on the accused in accordance with Rule 2(3), the clerk of petty sessions shall give notice to—
(a)the prosecutor;
(b)any person claiming to have an interest in the material to which the application relates who has applied under section 16(6) to be heard by the court,
of the date and time when, and the place where, the hearing will take place and unless the court orders otherwise, such notice shall be given in writing;
(c)the hearing shall be ex parte;
(d)subject to Rule 6(4) only the prosecutor shall be entitled to make representations to the court.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: