Rule 47.43 Exercise of court’s powersI1

England and Wales

(1)

The court must determine an application under rule 47.44, and an appeal under rule 47.45—

(a)

at a hearing, which must be in private unless the court otherwise directs; and

(b)

in the presence of the applicant or appellant.

(2)

The court must not determine such an application or appeal unless any person served under those rules—

(a)

is present; or

(b)

has had an opportunity—

(i)

to attend, or

(ii)

to make representations.

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)