PART 23RESTRICTION ON CROSS-EXAMINATION BY A DEFENDANT

APPLICATION TO PROHIBIT CROSS-EXAMINATION

Representations in response23.7

1

This rule applies where a party wants to make representations about—

a

an application under rule 23.4 for a prohibition against cross-examination;

b

an application under rule 23.5 for the discharge of such a prohibition; or

c

a prohibition or discharge that the court proposes on its own initiative.

2

Such a party must—

a

serve the representations on—

i

the court officer, and

ii

each other party;

b

do so not more than 14 days after, as applicable—

i

service of the application, or

ii

notice of the prohibition or discharge that the court proposes; and

c

ask for a hearing, if that party wants one, and explain why it is needed.

3

Representations against a prohibition must explain in what respect the conditions for imposing it are not met.

4

Representations against the discharge of a prohibition must explain why it should not be discharged.

5

Where representations include information that the person making them thinks ought not be revealed to another party, that person must—

a

omit that information from the representations served on that other party;

b

mark the information to show that, unless the court otherwise directs, it is only for the court; and

c

with that information include an explanation of why it has been withheld from that other party.