Rule 6.2 Exercise of court’s powers to which this Part appliesI1

England and Wales

(1)

When exercising a power to which this Part applies, as well as furthering the overriding objective, in accordance with rule 1.3, the court must have regard to the importance of—

(a)

dealing with criminal cases in public; and

(b)

allowing a public hearing to be reported to the public.

(2)

The court may determine an application or appeal under this Part—

(a)

at a hearing, in public or in private; or

(b)

without a hearing.

(3)

But the court must not exercise a power to which this Part applies unless each party and any other person directly affected, including any reporter notified by means of such arrangements as the Lord Chancellor directs—

(a)

is present; or

(b)

has had an opportunity—

(i)

to attend, or

(ii)

to make representations.

[Note. See also section 121 of the Magistrates’ Courts Act 1980^f1 and rule 24.2 (general rules about trial and sentence in a magistrates’ court).

See rule 6.3 (Court’s power to vary requirements under this Part).]

Annotations

Commencement

I1: Rule 6.2 in force at 6.10.2025, see Preamble

Footnotes

f1: 1980 c. 43; section 121 was amended by paragraph 16 of Schedule 8 to the Criminal Justice Act 1988 (c. 33), paragraph 237 of Schedule 8 and Schedule 10 to the Courts Act 2003 (c. 39), paragraph 99 of Schedule 10 to the Crime and Courts Act 2013 (c. 22), section 49 of the Criminal Justice and Courts Act 2015 (c. 2) and paragraph 56 of Schedule 24 to the Sentencing Act 2020 (c. 17).