OpenLegislation

Section 16 Applications: opportunity to be heard.E1

England, Wales and Northern Ireland

Where—

(a)

an application is made under section 3(6), F17A(8), 8(5) , 14(2) or 15(4),

(b)

a person claiming to have an interest in the material applies to be heard by the court, and

(c)

he shows that he was involved (whether alone or with others and whether directly or indirectly) in the prosecutor’s attention being brought to the material,

the court must not make an order under section 3(6), 7A(8), 8(5) , 14(3) or 15(5) (as the case may be) unless the person applying under paragraph (b) has been given an opportunity to be heard.

Annotations

Textual amendments

F1

Words in s. 16(a)(c) substituted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 3 para. 32; S.I. 2005/950, art. 2, Sch. 1; S.I. 2005/1817, art. 2

Extent

E1

In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79

Notes on Part I

Modifications

C1

Pt I: Power to modify conferred (27.7.1999 for specified purposes and otherwise (4.9.2000) by 1999 c. 23, s. 38(7)(a) (with s. 63(2), Sch. 7 paras. 3(3), 4, 5(2)); S.I. 2000/2091, art. 2(c)

Pt. I: Power to modify conferred (1.12.2003) by S.I. 1999/2789 (N.I. 8), art. 26(7); S.R. 2003/476, art. 4(a)

C2

Pt. I power to apply (with modifications) conferred by SI 2015/1490 rule 23.2 Note (as inserted (2.4.2018) by The Criminal Procedure (Amendment) Rules 2018 (S.I. 2018/132), rules 1, 11(a)(v))