Rule 17.4 Written application: form and serviceI1
England and Wales As made
An application in writing under rule 17.3 must be in the form issued under the Practice Direction, containing the same declaration of truth as a witness statement.
The party applying must serve the application—
in every case, on the court officer and as directed by the court; and
as required by rule 17.5, if that rule applies.
[Note. Declarations of truth in witness statements are required by section 9 of the Criminal Justice Act 1967f1. Section 89 of the 1967 Actf2 makes it an offence to make a written statement under section 9 of that Act which the person making it knows to be false or does not believe to be true.]
Annotations
Commencement
Footnotes
- f1
1967 c. 80; section 9 was amended by section 56 of, and paragraph 49 of Schedule 8 to, the Courts Act 1971 (c. 23), section 168 of, and paragraph 6 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 69 of the Criminal Procedure and Investigations Act 1996 (c. 25), regulation 9 of, and paragraph 4 of Schedule 5 to, S.I. 2001/1090, paragraph 43 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), section 26 of, and paragraph 7 of Schedule 2 to, the Armed Forces Act 2011 (c. 18) and section 80 of the Deregulation Act 2015 (c. 20). It is further amended by section 72 of, and paragraph 55 of Schedule 5 to, the Children and Young Persons Act 1969 (c. 54) and section 65 of, and paragraph 1 of Schedule 4 to, the Courts Act 2003 (c. 39), with effect from dates to be appointed.
- f2
1967 c. 80; section 89 was amended by section 154 of, and Schedule 9 to, the Magistrates’ Courts Act 1980 (c. 43).