Rule 62Q Consideration of an overseas production orderF1

(1)

Subject to paragraphs (2) to (5), the Court may determine an application under rule 62O or 62P—

(a)

at a hearing (which shall be in private unless the Court otherwise directs) or without a hearing; and

(b)

in the absence of—

(i)

the applicant;

(ii)

the respondent; or

(iii)

any other person affected by the order.

(2)

The Court shall not determine such an application in the applicant’s absence if—

(a)

the applicant requests a hearing; or

(b)

it appears to the Court that—

(i)

the proposed order may require the production of excepted electronic data, within the meaning of section 3; or

(ii)

for any other reason the application is so complex or serious as to require the Court to hear from the applicant.

(3)

The Court shall not determine such an application in the absence of any respondent or other person affected unless—

(a)

subject to paragraph (7)(a), the absentee has had at least two 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)

where journalistic data is sought, it would prejudice the investigation of another indictable offence or another terrorist investigation if the absentee were present; F2...

(F3iv)

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

(F4v)

the absentee has waived the opportunity to attend.

(4)

The Court shall not determine such an application in the absence of any respondent who, if the order sought by the applicant were made, would be required to produce or give access to journalistic data, unless that respondent has waived the opportunity to attend.

(5)

The Court shall not make, vary or revoke an order unless the applicant states, in an affidavit or orally, that to the best of the applicant’s knowledge and belief—

(a)

the application discloses all information which is material; and

(b)

the content of the application is true.

(6)

Where the statement required by paragraph (5) is made orally—

(a)

the statement shall be on oath or affirmation, unless the Court otherwise directs; and

(b)

the chief clerk shall arrange for a record of the making of the statement.

(7)

The Court may in its discretion—

(a)

shorten or extend (whether before or after it has expired) a time limit under this Part;

(b)

subject to section 12(3) and (4) dispense with a requirement for service under this Part (whether before or after service was required); and

(c)

consider an application for an order or to vary, further vary or revoke an order orally instead of in writing.

Annotations

Textual amendments

F1: Pt. 8B inserted (22.2.2021) by The Crown Court (Amendment) Rules (Northern Ireland) 2021 (S.R. 2021/16), rule 1(3), Sch.
F2: Word in rule 62Q(3)(b)(iii) omitted (17.5.2023) by virtue of The Crown Court (Amendment) Rules (Northern Ireland) 2023 (S.R. 2023/68), rules 1, 2(3)(a)
F3: Words in rule 62Q(3)(b)(iv) substituted (17.5.2023) by The Crown Court (Amendment) Rules (Northern Ireland) 2023 (S.R. 2023/68), rules 1, 2(3)(b)
F4: Rule 62Q(3)(b)(v) inserted (17.5.2023) by The Crown Court (Amendment) Rules (Northern Ireland) 2023 (S.R. 2023/68), rules 1, 2(3)(c)