Article 4 Amendments to the Criminal Procedure Rules

in rule 3.1 (When this Part applies), in paragraph (4) for “Rule 3.28 applies” substitute “Rules 3.28 and 3.29 apply”;

after rule 3.28 (Directions for commissioning medical reports, other than for sentencing purposes) insert—

“NOTIFICATION HEARINGS

Hearing to inform the court of sensitive material

3.29.

(1)

This rule applies where the prosecutor has, or is aware of, material—

(a)

the revelation of which to the public or to the defendant the prosecutor thinks would give rise to a real risk of serious prejudice to an important public interest;

(b)

to which the prosecutor does not think the obligation to disclose prosecution material applies, under Part I of the Criminal Procedure and Investigations Act 1996; but

(c)

of the existence of which the prosecutor thinks it necessary to inform the court to avoid—

(i)

potential unfairness to the defendant in the conduct of the trial,

(ii)

potential prejudice to the fair management of the trial, or

(iii)

potential prejudice to that important public interest.

(2)

Such a prosecutor must―

(a)

ask for a hearing so to inform the court; and

(b)

notify the defendant of that request only to such extent, if any, and at such time, if at all, as the court directs.

(3)

At or before the hearing the prosecutor must―

(a)

explain—

(i)

why the hearing is necessary, and

(ii)

why it is necessary for the hearing to take place in the defendant’s absence;

(b)

explain to what extent, if any, and when, if at all, the defendant should be informed―

(i)

of the hearing,

(ii)

of the material of which the prosecutor wants to inform the court; and

(c)

provide or describe the material to the court―

(i)

only to the extent needed to achieve the purpose for which the hearing is convened, and

(ii)

in such manner as the court directs.

(4)

Unless the court otherwise directs―

(a)

any such hearing―

(i)

must be in private, and

(ii)

must take place in the defendant’s absence;

(b)

the court officer must not give notice to anyone other than the prosecutor of—

(i)

the court’s decision on the request for a hearing,

(ii)

the arrangements for any such hearing,

(iii)

any directions given at such a hearing; and

(c)

the court officer may—

(i)

keep any written representations or material received under this rule, or

(ii)

arrange for the whole or any part to be kept by some other appropriate person, subject to any conditions that the court may impose.”; and

amend the table of contents correspondingly.