Rule 22.2 Exercise of court’s powersI1

England and Wales

The court—

(a)

must determine an application under rule 22.4 (Application for permission to introduce evidence or cross-examine)—

(i)

at a hearing in private, and

(ii)

in the absence of the complainant;

(b)

must not determine the application unless—

(i)

each party other than the applicant is present, or has had at least 10 business days in which to make representations, and

(ii)

the court is satisfied that it has been able to take adequate account of the complainant’s rights;

(c)

may adjourn the application; and

(d)

may discharge or vary a determination where it can do so under—

(i)

section 8B of the Magistrates’ Courts Act 1980^f1 (ruling at pre-trial hearing in a magistrates’ court), or

(ii)

section 9 of the Criminal Justice Act 1987^f2, or section 31 or 40 of the Criminal Procedure and Investigations Act 1996^f3 (ruling at preparatory or other pre-trial hearing in the Crown Court).

[Note. See alsosection 43 of the Youth Justice and Criminal Evidence Act 1999^f4, which among other things requires an application under section 41 of the Act to be heard in private and in the absence of the complainant.

At a pre-trial hearing a court may make binding rulings about the admissibility of evidence and about questions of law under sections 31 and 40 of the Criminal Procedure and Investigations Act 1996^f5 and section 8A of the Magistrates’ Courts Act 1980^f6.]

Annotations

Commencement

I1: Rule 22.2 in force at 6.10.2025, see Preamble

Footnotes

f1: 1980 c. 43; section 8B was inserted by section 45 of, and Schedule 3 to, the Courts Act 2003 (c. 39) and amended by paragraph 51 of Schedule 3, and Part 4 of Schedule 37, to the Criminal Justice Act 2003 (c. 44).
f2: 1987 c. 38; section 9 was amended by section 170 of, and Schedule 16 to, the Criminal Justice Act 1988 (c. 33), section 6 of the Criminal Justice Act 1993 (c. 36), sections 72, 74 and 80 of, and paragraph 3 of Schedule 3 and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25), sections 45 and 310 of, and paragraphs 18, 52 and 54 of Schedule 36 and Part 3 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), article 3 of, and paragraphs 21 and 23 of the Schedule to, S.I. 2004/2035, section 59 of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4) and Part 10 of Schedule 10 to the Protection of Freedoms Act 2012 (c. 9).
f3: 1996 c. 25; section 31 was amended by sections 310, 331 and 332 of, and paragraphs 20, 36, 65 and 67 of Schedule 36 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44).
f4: 1999 c. 23; section 43(3) was amended by section 109(1) of, and paragraph 384(g) of Schedule 8 to, the Courts Act 2003 (c. 39).
f5: 1996 c. 25; section 31 was amended by sections 310, 331 and 332 of, and paragraphs 20, 36, 65 and 67 of Schedule 36 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44).
f6: 1980 c. 43; section 8A was inserted by section 45 of, and Schedule 3 to, the Courts Act 2003 (c. 39) and amended by S.I. 2006/2493 and paragraphs 12 and 14 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).