Defendant’s application to use disclosed material
15.7.—(1) This rule applies where a defendant wants the court’s permission to use disclosed prosecution material—
(a)otherwise than in connection with the case in which it was disclosed; or
(b)beyond the extent to which it was displayed or communicated publicly at a hearing.
(2) The defendant must serve an application on—
(a)the court officer; and
(b)the prosecutor.
(3) The application must—
(a)specify what the defendant wants to use or disclose; and
(b)explain why.
(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 permit the use of such material unless—
(a)the prosecutor has had at least 28 days in which to make representations; and
(b)the court is satisfied that it has been able to take adequate account of any rights of confidentiality that may apply to the material.
[Note. The court’s power to allow a defendant to use disclosed material is provided for by section 17 of the Criminal Procedure and Investigations Act 1996(1).
See also section 19 of the 1996 Act.]
1996 c. 25; section 17 was amended by section 331 of, and paragraphs 20 and 33 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).