Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/703 |
| Year | 1997 |
1997 No. 703 (L. 9)
MAGISTRATES' COURTSPROCEDURE
The Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997
Made 10th March 1997
Laid before Parliament 11th March 1997
Coming into force 1st April 1997
The Lord Chancellor, in exercise of the powers conferred upon him by section 144, as extended by section 145, of the Magistrates' Courts Act 19801and section 19 of the Criminal Procedure and Investigations Act 19962, and after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:
Commencement, citation and interpretation
1.—(1) These Rules may be cited as the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997 and shall come into force on 1st April 1997.
(2) In these Rules any reference to a numbered section or Part is a reference to the section or Part so numbered in the Criminal Procedure and Investigations Act 1996.
Public interest: application by prosecutor
2.—(1) This rule applies to the making of an application by the prosecutor under section 3(6), 7(5), 8(5) or 9(8) where Part I applies by virtue of section 1(1) (summary trial).
(2) Notice of an application to which this rule applies shall be served on the clerk of the magistrates' court trying the offence referred to in section 1(1) and shall specify the nature of the material to which the application relates.
(3) Subject to paragraphs (4) and (5) below, a copy of the notice of application shall be served on the accused by the prosecutor.
(4) Where the prosecutor has reason to believe that to reveal to the accused the nature of the material to which the application relates would have the effect of disclosing that which the prosecutor contends should not in the public interest be disclosed, paragraph (3) above shall not apply but the prosecutor shall notify the accused that an application to which this rule applies has been made.
(5) Where the prosecutor has reason to believe that to reveal to the accused the fact that an application is being made would have the effect of disclosing that which the prosecutor contends should not in the public interest be disclosed, paragraph (3) above shall not apply.
Public interest: hearing of application by prosecutor
3.—(1) This rule applies to the hearing of an application by the prosecutor under section 3(6), 7(5), 8(5) or 9(8) where Part I applies by virtue of section 1(1).
(2) Subject to paragraph (3) below and to rule 6(4), where a copy of the notice of application has been served on the accused in accordance with rule 2(3)—
(a)
(a) the clerk of the court shall give notice to—
(i) the prosecutor;
(ii) the accused; and
(iii) any person claiming to have an interest in the material to which the application relates who has applied under section 16(b) to be heard by the court,
of the date and time when and the place where the hearing will take place and, unless the court orders otherwise, such notice shall be given in writing;
(b)
(b) the hearing shall beinter partes; and
(c)
(c) the prosecutor and the accused shall be entitled to make representations to the court.
(3) Where the prosecutor applies to the court for leave to make representations in the absence of the accused, the court may for that purpose sit in the absence of the accused and any legal representative of his.
(4) Subject to rule 6(4), where a copy of the notice of application has not been served on the accused in accordance with rule 2(3)—
(a)
(a) the hearing shall beex parte;
(b)
(b) only the prosecutor shall be entitled to make representations to the court; and
(c)
(c) the accused shall not be given notice as specified in paragraph (2) above.
Public interest: non-disclosure order
4.—(1) This rule applies to an order under section 3(6), 7(5), 8(5) or 9(8).
(2) On making an order to which this rule applies, the court shall state its reasons for doing so.
(3) In a case where such an order is a made following—
(a)
(a) an application to which rule 2(4) applies, or
(b)
(b) an application notice of which has been served on the accused in accordance with rule 2(3) but the accused has not appeared or been represented at the hearing of that application,
the clerk of the court shall notify the accused that an order has been made.
Review of non-disclosure order: application by accused
5.—(1) This rule applies to an application by the accused under section 14(2).
(2) An application to which this rule applies shall be made by notice in writing to the clerk of the magistrates' court trying the offence referred to in section 1(1) and shall specify the reason why the accused believes the court should review the question mentioned in section 14(2).
(3) A copy of the notice referred to in paragraph (2) above shall be served on the prosecutor at the same time as it is sent to the clerk of the court.
(4) On receipt of an application to which this rule applies the clerk of the court shall take such steps as he thinks fit to ensure that the court determining the application has before it any document or other material which was available to the court which made the order mentioned in section 14(2).
(5) Subject to paragraphs (6) to (8) below and to rule 6(4), the hearing of an application to which this rule applies shall beinter partes and the accused and the prosecutor shall be entitled to make representations to the court.
(6) Where the court considers that there are no grounds on which it might conclude that it is in the public interest to disclose material to any extent it may determine the application without hearing...
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