Rule 47.56 Application for an order for accessI1

England and Wales

(1)

Where the Criminal Cases Review Commission wants the court to make an order for access to a document or other material, the Commission must—

(a)

apply in writing and serve the application on the court officer;

(b)

give the court an estimate of how long the court should allow—

(i)

to read the application and prepare for any hearing, and

(ii)

for any hearing of the application;

(c)

attach a draft order in the terms proposed by the Commission; and

(d)

serve the application and draft order on the respondent.

(2)

The application must—

(a)

identify the respondent;

(b)

describe the document, or documents, or other material sought;

(c)

explain the reasons for thinking that—

(i)

what is sought is in the respondent’s possession or control, and

(ii)

access to what is sought may assist the Commission in the exercise of any of their functions; and

(d)

explain the Commission’s proposals for—

(i)

the manner in which the respondent should give access, and

(ii)

the period within which the order should take effect.

(3)

The Commission must serve any order made on the respondent.

[Note. Under section 18A(3) of the Criminal Appeal Act 1995, the court may give directions for the manner in which access to a document or other material must be given, and may direct that the Commission must be allowed to take away such a document or material, or to make copies. Under section 18A(4) of the Act, the court may direct that the respondent must not destroy, damage or alter a document or other material before the direction is withdrawn by the court.]

Annotations

Commencement

I1: Rule 47.56 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)