Rule 47.36 Exercise of court’s powersI1

England and Wales

(1)

The court may determine an application for an order—

(a)

at a hearing (which must be in private unless the court otherwise directs), or without a hearing; and

(b)

in a party’s absence, if that party—

(i)

applied for the order, or

(ii)

has had at least 10 business days in which to make representations.

(2)

The court officer must arrange for the court to hear such an application no sooner than 10 business days after it was served, unless—

(a)

the court directs that no hearing need be arranged; or

(b)

the court gives other directions for the hearing.

(3)

If the court so directs, the parties to an application may attend a hearing by live link.

(4)

The court may—

(a)

shorten or extend (even after it has expired) a time limit under this Section;

(b)

dispense with a requirement for service under this Section (even after service was required); and

(c)

consider an application made orally instead of in writing.

(5)

A person who wants an extension of time must—

(a)

apply when serving the application or representations for which it is needed; and

(b)

explain the delay.

Annotations

F1: Words in Pt. 47 Table of Contents omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(i)