OpenLegislation

Rule 47.40 Representations in responseI1

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 person wants to make representations about an application under rule 47.37 or rule 47.38.

(2)

Such a person must—

(a)

serve the representations on—

(i)

the court officer, and

(ii)

the applicant and any other party to the application;

(b)

do so not more than 10 business days after service of the application; and

(c)

ask for a hearing, if that person wants one.

(3)

Representations in opposition to an application must explain why the grounds on which the applicant relies are not met.

(4)

Where representations include information that the person making them thinks ought not be revealed to another party, that person must—

(a)

omit that information from the representations served on that other party;

(b)

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

(c)

with that information include an explanation of why it has been withheld from that other party.

Annotations

Commencement

I1

Rule 47.40 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)