Rule 47.39 Application containing information withheld from another partyI1

England and Wales

(1)

This rule applies where—

(a)

an applicant serves an application to which rule 47.37 (Application for an order under section 1 of the Police (Property) Act 1897) or rule 47.38 (Application for an order under section 59 of the Criminal Justice and Police Act 2001) applies; 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, any 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 any 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.

Annotations

Commencement

I1: Rule 47.39 in force at 6.10.2025, see Preamble

Notes on Part 47

Textual amendments

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)