OpenLegislation

Rule 22.5 Application containing information withheld from another partyI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies where—

(a)

an applicant serves an application under rule 22.4 (Application for permission to introduce evidence or cross-examine); and

(b)

the application includes information that the applicant thinks ought not be revealed to another party.

(2)

The applicant must—

(a)

omit that information from the part of the application that is served on that other party;

(b)

mark the other part to show that, unless the court otherwise directs, it is only for the court; and

(c)

in that other part, explain why the applicant has withheld that information from that other party.

(3)

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.

(4)

At the hearing of an application to which this rule applies—

(a)

the general rule is that the court must consider, in the following sequence—

(i)

representations first by the applicant and then by each other party, in all the parties’ presence, and then

(ii)

further representations by the applicant, in the absence of a party from whom information has been withheld; but

(b)

the court may direct other arrangements for the hearing.

[Note. See section 43(3)(c) of the Youth Justice and Criminal Evidence Act 1999.]

Annotations

Commencement

I1

Rule 22.5 in force at 6.10.2025, see Preamble