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Rule 23.5 Application to discharge prohibition imposed by the courtI1

England and Wales

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

(1)

A party who wants the court to discharge a prohibition against cross-examination which the court imposed under section 36 of the Youth Justice and Criminal Evidence Act 1999 must—

(a)

apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and

(b)

serve the application on—

(i)

the court officer, and

(ii)

each other party.

(2)

The applicant must—

(a)

explain what material circumstances have changed since the prohibition was imposed; and

(b)

ask for a hearing, if the applicant wants one, and explain why it is needed.

[Note. Under section 37 of the Youth Justice and Criminal Evidence Act 1999, the court can discharge a prohibition against cross-examination which it has imposed—

(a)

on application, if there has been a material change of circumstances; or

(b)

on its own initiative.]

Annotations

Commencement

I1

Rule 23.5 in force at 6.10.2025, see Preamble