PART 6REPORTING, ETC. RESTRICTIONS

GENERAL RULES

Exercise of court’s powers to which this Part applies6.2

1

When exercising a power to which this Part applies, as well as furthering the overriding objective, in accordance with rule 1.3, the court must have regard to the importance of—

a

dealing with criminal cases in public; and

b

allowing a public hearing to be reported to the public.

2

The court may determine an application or appeal under this Part—

a

at a hearing, in public or in private; or

b

without a hearing.

3

But the court must not exercise a power to which this Part applies unless each party and any other person directly affected—

a

is present; or

b

has had an opportunity—

i

to attend, or

ii

to make representations.

[Note. See also section 121 of the Magistrates’ Courts Act 1980146 and rule 24.2 (general rules about trial and sentence in a magistrates’ court).]