Article 8 Disclosure: application for extension of time limit and order of the court

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 8(2) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 133
rule 8(3) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 133
rule 8(6)(a) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 133
rule 8 revoked by Criminal Procedure 2005 rule 25.7

(1)

This rule applies to an application under paragraph (2) of regulation 3 of the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997^f1 (“the 1997 Regulations”), including that paragraph as applied by regulation 4(2) of the 1997 Regulations.

(2)

An application to which this rule applies shall be made by notice in writing to the clerk of the court and shall, in addition to the matters referred to in paragraphs (a) to (c) of regulation 3(3) of the 1997 Regulations, specify the date of service of a copy of the notice on the prosecutor in accordance with paragraph (3) below.

(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 clerk of the court.

(4)

The prosecutor may make representations to the court concerning the application and if he wishes to do so he shall do so in writing within 14 days of service of a notice under paragraph (3) above.

(5)

On receipt of representations under paragraph (4) above, or on the expiration of the period specified in that paragraph if no such representations are received within that period, the court shall consider the application and may, if it wishes, do so at a hearing.

(6)

Where a hearing is held in pursuance of this rule—

(a)

the clerk of the court shall give notice in writing to the prosecutor and the applicant of the date and time when and the place where the hearing will take place;

(b)

the hearing shall be inter partes; and

(c)

the prosecutor and the applicant shall be entitled to make representations to the court.

(7)

A copy of any order under regulation 3(1) or (4)(1) of the 1997 Regulations shall be served on the prosecutor and the applicant.

Annotations

Footnotes

f1: S.I. 1997/684.