Rule 47.52 Exercise of court’s powersI1

England and Wales

(1)

Rule 47.5 (Investigation orders; Exercise of court’s powers) applies, subject to F1section 32B(2) of the Regulation of Investigatory Powers Act 2000^f1.

(2)

Where a magistrates’ court refuses to approve the grant F2... or renewal of an authorisation F3..., the court must not exercise its power to quash that authorisation ... unless the applicant has had at least 2 business days from the date of the refusal in which to make representations.

[Note. Under F4section 32B(2) of the Regulation of Investigatory Powers Act 2000, the applicant is not required to give notice of an application to any person to whom the authorisation or notice relates, or to such a person’s legal representatives. See also F5section 32B(3) of the 2000 Act.]

Annotations

Textual amendments

F1: Words in rule 47.52(1) substituted (6.4.2026) by The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(b)(i)
F2: Word in rule 47.52(2) omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(b)(ii)(aa)
F3: Words in rule 47.52(2) omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(b)(ii)(bb)
F4: Words in rule 47.52 Note substituted (6.4.2026) by The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(b)(iii)(aa)
F5: Words in rule 47.52 Note substituted (6.4.2026) by The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(b)(iii)(bb)

Commencement

I1: Rule 47.52 in force at 6.10.2025, see Preamble

Footnotes

f1: 2000 c. 23; section 23B was inserted by section 37 and section 32B by section 38 of the Protection of Freedoms Act 2012 (c. 9).

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)