The Criminal Procedure Rules 2010

Application to hold a Crown Court trial in camera

This section has no associated Explanatory Memorandum

16.10.—(1) Where a prosecutor or a defendant intends to apply for an order that all or part of a trial be held in camera for reasons of national security or for the protection of the identity of a witness or any other person, he shall not less than 7 days before the date on which the trial is expected to begin serve a notice in writing to that effect on the Crown Court officer and the prosecutor or the defendant as the case may be.

(2) On receiving such notice, the court officer shall forthwith cause a copy thereof to be displayed in a prominent place within the precincts of the Court.

(3) An application by a prosecutor or a defendant who has served such a notice for an order that all or part of a trial be heard in camera shall, unless the Court orders otherwise, be made in camera, after the defendant has been arraigned but before the jury has been sworn and, if such an order is made, the trial shall be adjourned until whichever of the following shall be appropriate—

(a)24 hours after the making of the order, where no application for leave to appeal from the order is made; or

(b)after the determination of an application for leave to appeal, where the application is dismissed; or

(c)after the determination of the appeal, where leave to appeal is granted.

[Note. As to the procedure for appealing against an order, see rule 67.2.]