OpenLegislation

Article 7 Public interest rulings

Original text. Later amendments are not shown.

(1)

This rule applies where a public interest ruling is the subject of an appeal or application for leave to appeal.

(2)

In any appeal or application for leave to appeal against a public interest ruling, the prosecution need not describe the material that is the subject of the ruling in the notice of appeal or application for leave to appeal under rule 3.

(3)

Where the prosecution has reason to believe that to reveal to the defendant or any interested party the category of material that is the subject of the public interest ruling would have the effect of disclosing that which the prosecution considers should not be disclosed, the prosecution need not describe the category of the material in the notice of appeal or application for leave to appeal under rule 3.

(4)

Where the prosecution has reason to believe that to reveal to the defendant or to any interested party the fact that a public interest ruling has been made would have the effect of disclosing that which the prosecution considers should not be disclosed, the prosecution need not serve notice of appeal or application for leave to appeal on the defendant or any interested party as required under rule 3, unless the Court otherwise directs.

(5)

Where the prosecution has taken the measures set out in paragraph (2), (3) or (4), the notice of appeal or application for leave to appeal served on the proper officer under rule 3(1)(a) shall be accompanied by a confidential annexe indicating that the measures have been taken and giving the prosecution’s reasons for taking them.

(6)

Where the prosecution has taken the measures set out in paragraph (4), the defendant shall not be entitled to be present in person at the hearing of the appeal or application for leave to appeal, or to appear by way of live television link, unless the Court otherwise directs.