Rule 47.60 Exercise of court’s powersI1

England and Wales

(1)

The court may determine an application to which rule 47.61 (Application for extension of moratorium period) applies—

(a)

at a hearing (which must be in private unless the court otherwise directs), or without a hearing; and

(b)

in the absence of—

(i)

the applicant, and

(ii)

a respondent.

(2)

The court must not determine such an application in the applicant’s absence if the applicant asks for a hearing.

(3)

The court must not determine such an application in the absence of a respondent unless—

(a)

the absentee has had at least 2 business days in which to make representations; or

(b)

the court is satisfied that—

(i)

the applicant cannot identify or contact the absentee,

(ii)

it would prejudice the investigation if the absentee were present,

(iii)

it would prejudice the investigation to adjourn or postpone the application so as to allow the absentee to attend, or

(iv)

the absentee has waived the opportunity to attend.

(4)

The court officer must arrange for the court to hear such an application no sooner than 2 business days after notice of the application was served, unless—

(a)

the court directs that no hearing need be arranged; or

(b)

the court gives other directions for the hearing.

(5)

If the court so directs, the parties to an application may attend a hearing by live link.

(6)

The court must not extend a moratorium period unless the applicant states, in writing or orally, that to the best of the applicant’s knowledge and belief—

(a)

the application discloses all the information that is material to what the court must decide; and

(b)

the content of the application is true.

(7)

Where the statement required by paragraph (6) is made orally—

(a)

the statement must be on oath or affirmation, unless the court otherwise directs; and

(b)

the court must arrange for a record of the making of the statement.

(8)

The court may—

(a)

shorten or extend (even after it has expired) a time limit imposed by this rule;

(b)

dispense with a requirement for service under this Section (even after service was required); and

(c)

consider an application made orally instead of in writing.

Annotations

Commencement

I1: Rule 47.60 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)