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The Crown Court (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules (Northern Ireland) 1997

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Applications under section 18(6)

6.—(1) Where the Crown Court finds a person guilty of contempt under section 18 and proposes to make an order under sub-section (4) or (7) of that section, the Court may adjourn the proceedings.

(2) Where the Court adjourns the proceedings under paragraph (1) above, the chief clerk shall give notice to the person found guilty and to the prosecutor—

(a)that the Court proposes to make such an order and that, if an application is made in accordance with paragraph (5) below, it will before doing so hear any representations made by the person found guilty, or by any person in respect of whom the prosecutor gives notice to the Court under paragraph (3) below, and

(b)of the date and time of the adjourned hearing.

(3) Where the prosecutor has reason to believe that a person may claim to have an interest in the object which has been used or disclosed in contravention of section 17 he shall, on receipt of notice under paragraph (2) above, give notice of that person’s name and address to the chief clerk of the Court which made the finding of guilt.

(4) Where the chief clerk receives a notice under paragraph (3) above, he shall within 7 days of the finding of guilt, notify the person specified in that notice—

(a)that the Court has made a finding of guilt under section 18;

(b)that it proposes to make an order under sub-section (4), or as the case may be, (7) of that section and that if an application is made in accordance with paragraph (5) below, it will before doing so, hear any representations made by him; and

(c)of the date and time of the adjourned hearing.

(5) An application under section 18(6) shall be made by notice in writing to the chief clerk not less than 24 hours before the time set for the adjourned hearing.

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