Rule 15.7 Defendant’s application to use disclosed materialI1

England and Wales

(1)

This rule applies where a defendant wants the court’s permission to use disclosed prosecution material—

(a)

otherwise than in connection with the case in which it was disclosed; or

(b)

beyond the extent to which it was displayed or communicated publicly at a hearing.

(2)

The defendant must serve an application on—

(a)

the court officer; and

(b)

the prosecutor.

(3)

The application must—

(a)

specify what the defendant wants to use or disclose; and

(b)

explain why.

(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 permit the use of such material unless—

(a)

the prosecutor has had at least 20 business days in which to make representations; and

(b)

the court is satisfied that it has been able to take adequate account of any rights of confidentiality that may apply to the material.

[Note. The court’s power to allow a defendant to use disclosed material is provided for by section 17 of the Criminal Procedure and Investigations Act 1996^f1.

See also section 19 of the 1996 Act.]

Annotations

Commencement

I1: Rule 15.7 in force at 6.10.2025, see Preamble

Footnotes

f1: 1996 c. 25; section 17 was amended by section 331 of, and paragraphs 20 and 33 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).