Rule 6.10 Forfeiture of unauthorised sound recordingI1

England and Wales

(1)

This rule applies where someone without the court’s permission—

(a)

uses a device for recording sound during a hearing; or

(b)

publishes a sound recording made during a hearing.

(2)

The court may exercise its power to forfeit the device or recording—

(a)

on application by a party, or on its own initiative; and

(b)

provisionally, despite rule 6.2(3), to allow time for representations.

(3)

A party who wants the court to forfeit a device or recording must—

(a)

apply as soon as reasonably practicable;

(b)

notify—

(i)

as appropriate, the person who used the device, or who published the recording, and

(ii)

each other party; and

(c)

explain why the court should exercise that power.

[Note. Under section 9(3) of the Contempt of Court Act 1981^f1, the court can forfeit any device or recording used or made in contravention of section 9(1) of the Act.]

Rule 6.10 Forfeiture of unauthorised sound recordingI1

Annotations

Commencement

Footnotes