{
  "url": "https://openlegislation.uk/crown-court-criminal-procedure-and-investigations-act-1996-disclosure-rules-1997/article-3",
  "json_url": "https://openlegislation.uk/crown-court-criminal-procedure-and-investigations-act-1996-disclosure-rules-1997/article-3.json",
  "legislation": "uksi/1997/698",
  "legislation_title": "The Crown Court (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997",
  "legislation_url": "https://openlegislation.uk/crown-court-criminal-procedure-and-investigations-act-1996-disclosure-rules-1997",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Public interest: hearing of application by prosecutor",
  "text": "(1) This rule applies to the hearing of an application by the prosecutor under section 3(6), 7(5), 8(5) or 9(8) where Part I applies by virtue of section 1(2).\n(2) On receipt of an application to which this rule applies the appropriate officer of the Crown Court shall refer it—\n(a) if the trial has started, to the trial judge, or\n(b) if the application is received before the start of the trial either—\n(i) to the judge who has been designated to conduct the trial, or\n(ii) if no judge has been designated for that purpose, to such judge as may be designated for the purposes of hearing the application.\n(3) Subject to paragraphs (4) and (5) below and to rule 6(4), where the application is made in accordance with rule 2(2)—\n(a) the appropriate officer of the Crown Court shall give notice to—\n(i) the prosecutor;\n(ii) the accused; and\n(iii) any person claiming to have an interest in the material to which the application relates who has applied under section 16(b) to be heard by the court,\nof the date and time when and the place where the hearing will take place and, unless the court orders otherwise, such notice shall be given in writing;\n(b) the hearing shall be inter partes; and\n(c) the prosecutor and the accused shall be entitled to make representations to the court.\n(4) Where the prosecutor applies to the court for leave to make representations in the absence of the accused, the court may for that purpose sit in the absence of the accused and any legal representative of his.\n(5) Subject to rule 6(4), where the application is made under rule 2(2) as it has effect in accordance with rule 2(3) or (4)—\n(a) the hearing shall be ex parte;\n(b) only the prosecutor shall be entitled to make representations to the court; and\n(c) the accused shall not be given notice as specified in paragraph (3) above;\nand, where notice of the application has been served in pursuance of rule 2(5), the judge on whom it is served shall take such steps as he considers appropriate to ensure that notice is given as required by paragraph (3)(a)(i) and (iii) above.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "uksi/2005/384",
      "affecting_title": "The Criminal Procedure Rules 2005 (revoked)"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/698/article/3",
    "retrieved_at": "2026-10-29T12:22:16.937137+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}