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PART 3Court proceedings

Power under regulation 9(4)(b) to determine any document to be essential: further provision

10.—(1) The court may make a determination under regulation 9(4)(b)—

(a)on the application of a person entitled under this Part to be provided with a translation of all essential documents; or

(b)of its own accord.

(2) An application under paragraph (1)(a)—

(a)is to be made orally;

(b)must be made as soon as reasonably practicable and may be made at a trial diet only if the court, on cause shown, allows it; and

(c)(without prejudice to any right of appeal in relation to a determination that a document is not essential for the purpose of regulation 9(4)(b)) may be made on one occasion only in relation to a particular document.

(3) Before making a determination under regulation 9(4)(b), the court must give the following persons an opportunity to make representations—

(a)the prosecutor; and

(b)where the court is considering making a determination of its own accord, the person mentioned in paragraph (1)(a).