Article 5 Review of non-disclosure order: application by accused
This rule applies to an application by the accused under section 15(4).
An application to which this rule applies shall be made by notice in writing to the appropriate officer of the Crown Court and shall specify the reason why the accused believes the court should review the question mentioned in section 15(3).
A copy of the notice referred to in paragraph (2) above shall be served on the prosecutor at the same time as it is sent to the appropriate officer of the court.
On receipt of an application to which this rule applies the appropriate officer of the Crown Court shall refer it—
if the trial has started, to the trial judge, or
if the application is received before the start of the trial either—
to the judge who has been designated to conduct the trial, or
if no judge has been designated for that purpose, to the judge who made the order to which the application relates.
The judge to whom an application to which this rule applies has been referred under paragraph (4) above shall consider whether the application may be determined without a hearing and, subject to paragraph (6) below, may so determine it if he thinks fit.
No application to which this rule applies shall be determined without a hearing if it appears to the judge that there are grounds on which the court might conclude that it is in the public interest to disclose material to any extent.
Subject to paragraphs (8) and (9) below and to rule 6(4), the hearing of an application to which this rule applies shall be inter partes and the accused and the prosecutor shall be entitled to make representations to the court.
Where after hearing the accused’s representations 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.
Subject to rule 6(4), where the order to which the application relates was made following an application which was made under rule 2(2) as it has effect in accordance with rule 2(4), the hearing shall be ex parte and only the prosecutor shall be entitled to make representations to the court.
The appropriate officer of the court shall give notice in writing to—
the prosecutor;
except where a hearing takes place in accordance with paragraph (9) above, the accused; and
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,
of the date and time when and the place where the hearing of an application to which this rule applies will take place and of any order which is made by the court following its determination of the application.
Where an application to which this rule applies is determined without a hearing in pursuance of paragraph (5) above, the appropriate officer of the court shall give notice in writing in accordance with paragraph (10) above of any order which is made by the judge following his determination of the application.