The Criminal Procedure Rules 2015

Application containing information withheld from a respondent or other person

This section has no associated Explanatory Memorandum

47.21.—(1) This rule applies where—

(a)an applicant serves on a respondent or other person an application for one of the orders listed in rule 47.1(2), or for the variation or discharge of such an order; and

(b)the application includes information that the applicant thinks ought not be revealed to that recipient.

(2) The applicant must—

(a)omit that information from the part of the application that is served on the respondent or other person;

(b)mark the other part, to show that it is only for the court; and

(c)in that other part, explain why the applicant has withheld it.

(3) A hearing of an application to which this rule applies may take place, wholly or in part, in the absence of the respondent and any other person.

(4) At a hearing of an application to which this rule applies—

(a)the general rule is that the court must consider, in the following sequence—

(i)representations first by the applicant and then by the respondent and any other person, in the presence of them all, and then

(ii)further representations by the applicant, in the others’ absence; but

(b)the court may direct other arrangements for the hearing.