The Criminal Procedure Rules 2020

Defendant’s application for prosecution disclosure E+W

15.5.—(1) This rule applies where the defendant—

[F1 (a) has given a defence statement under rule 15.4 (Defence disclosure); 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 10 business days in which to make representations.

F2 [Note. ...

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.]

Textual Amendments

F1 Rule 15.5(1)(a) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 7(e)

F2 Words in rule 15.5 Note omitted (2.10.2023) by virtue of The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rule 1, Sch. para. 8

Commencement Information

I1 Rule 15.5 in force at 5.10.2020, see Preamble

(1)

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).