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Youth Justice and Criminal Evidence Act 1999

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This is the original version (as it was originally enacted).

43Procedure on applications under section 41

This section has no associated Explanatory Notes

(1)An application for leave shall be heard in private and in the absence of the complainant.

  • In this section “leave” means leave under section 41.

(2)Where such an application has been determined, the court must state in open court (but in the absence of the jury, if there is one)—

(a)its reasons for giving, or refusing, leave, and

(b)if it gives leave, the extent to which evidence may be adduced or questions asked in pursuance of the leave,

and, if it is a magistrates' court, must cause those matters to be entered in the register of its proceedings.

(3)Rules of court may make provision—

(a)requiring applications for leave to specify, in relation to each item of evidence or question to which they relate, particulars of the grounds on which it is asserted that leave should be given by virtue of subsection (3) or (5) of section 41;

(b)enabling the court to request a party to the proceedings to provide the court with information which it considers would assist it in determining an application for leave;

(c)for the manner in which confidential or sensitive information is to be treated in connection with such an application, and in particular as to its being disclosed to, or withheld from, parties to the proceedings.

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