Rule 22.5 Application containing information withheld from another partyI1
England and Wales
This rule applies where—
an applicant serves an application under rule 22.4 (Application for permission to introduce evidence or cross-examine); and
the application includes information that the applicant thinks ought not be revealed to another party.
The applicant must—
omit that information from the part of the application that is served on that other party;
mark the other part to show that, unless the court otherwise directs, it is only for the court; and
in that other part, explain why the applicant has withheld that information from that other party.
If the court so directs, the hearing of an application to which this rule applies may be, wholly or in part, in the absence of a party from whom information has been withheld.
At the hearing of an application to which this rule applies—
the general rule is that the court must consider, in the following sequence—
representations first by the applicant and then by each other party, in all the parties’ presence, and then
further representations by the applicant, in the absence of a party from whom information has been withheld; but
the court may direct other arrangements for the hearing.
[Note. See section 43(3)(c) of the Youth Justice and Criminal Evidence Act 1999.]