Defendant’s application for prosecution disclosure
15.5.—(1) This rule applies where the defendant—
(a)has served a defence statement given under the Criminal Procedure and Investigations Act 1996; and
(b)wants the court to require the prosecutor to disclose material.
(2) The defendant must serve an application on—
(a)the court officer; and
(b)the prosecutor.
(3) The application must—
(a)describe the material that the defendant wants the prosecutor to disclose;
(b)explain why the defendant thinks there is reasonable cause to believe that—
(i)the prosecutor has that material, and
(ii)it is material that the Criminal Procedure and Investigations Act 1996 requires the prosecutor to disclose; and
(c)ask for a hearing, if the defendant wants one, and explain why it is needed.
(4) The court may determine an application under this rule—
(a)at a hearing, in public or in private; or
(b)without a hearing.
(5) The court must not require the prosecutor to disclose material unless the prosecutor—
(a)is present; or
(b)has had at least 14 days in which to make representations.
[Note. The Practice Direction sets out a form of application for use in connection with this rule.
Under section 8 of the Criminal Procedure and Investigations Act 1996(1), a defendant may apply for prosecution disclosure only if the defendant has given a defence statement.]
1996 c. 25; section 8 was amended by section 82 of, and paragraph 7 of Schedule 4 to, the Regulation of Investigatory Powers Act 2000 (c. 23) and section 38 of the Criminal Justice Act 2003 (c. 44).