# The Criminal Procedure Rules 2025, Rule 22.2: Exercise of court’s powers

Extent: E+W

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 (ruling at pre-trial hearing in a magistrates’ court), or
(ii) section 9 of the Criminal Justice Act 1987, or section 31 or 40 of the Criminal Procedure and Investigations Act 1996 (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, 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 and section 8A of the Magistrates’ Courts Act 1980.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/22.2 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-22.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.