PART 16REPORTING, ETC. RESTRICTIONS
SECTION 2: REPORTING AND ACCESS RESTRICTIONS
Trial in private16.6
1
This rule applies where the court can order a trial in private.
2
A party who wants the court to do so must—
a
apply in writing not less than 5 business days before the trial is due to begin; and
b
serve the application on—
i
the court officer, and
ii
each other party.
3
The applicant must explain—
a
the reasons for the application;
b
how much of the trial the applicant proposes should be in private; and
c
why no measures other than trial in private will suffice, such as—
i
reporting restrictions,
ii
an admission of facts,
iii
the introduction of hearsay evidence,
iv
a direction for a special measure under section 19 of the Youth Justice and Criminal Evidence Act 1999,
v
a witness anonymity order under section 86 of the Coroners and Justice Act 2009, or
vi
arrangements for the protection of a witness.
4
Where the application includes information that the applicant thinks ought not be revealed to another party, the applicant must—
a
omit that information from the part of the application that is served on that other party;
b
mark the other part to show that, unless the court otherwise directs, it is only for the court; and
c
in that other part, explain why the applicant has withheld that information from that other party.
5
The court officer must at once—
a
display notice of the application somewhere prominent in the vicinity of the courtroom; and
b
give notice of the application to reporters by such other arrangements as the Lord Chancellor directs.
6
The application must be determined at a hearing which—
a
must be in private, unless the court otherwise directs;
b
if the court so directs, may be, wholly or in part, in the absence of a party from whom information has been withheld; and
c
in the Crown Court, must be after the defendant is arraigned but before the jury is sworn.
7
At the hearing of the application—
a
the general rule is that the court must consider, in the following sequence—
i
representations first by the applicant and then by each other party, in all the parties’ presence, and then
ii
further representations by the applicant, in the absence of a party from whom information has been withheld; but
b
the court may direct other arrangements for the hearing.
8
The court must not hear a trial in private until—
a
the business day after the day on which it orders such a trial, or
b
the disposal of any appeal against, or review of, any such order, if later.