The Criminal Procedure Rules 2010

Unauthorised use of disclosed material

22.8.—(1) This rule applies where a person uses disclosed prosecution material in contravention of section 17 of the Criminal Procedure and Investigations Act 1996.

(2) The court may exercise its power to punish such a person for contempt of court—

(a) on an application by—

(i) the prosecutor, or

(ii) any person directly affected by the disclosure of the material; or

(b) on its own initiative.

(3) An applicant who wants the court to exercise that power must comply with the rules in Part 62 (Contempt of court).

(4) The court must not exercise its power to forfeit material used in contempt of court unless—

(a) the prosecutor; and

(b) any other person directly affected by the disclosure of the material,

is present, or has had at least 14 days in which to make representations.

(5) The provisions of Schedule 3 to the Contempt of Court Act 1981(1) apply to a magistrates’ court’s exercise of the power to which this rule applies.

[Note. Under section 17 of the Criminal Procedure and Investigations Act 1996, a defendant may use disclosed prosecution material—

(a) in connection with the case in which it was disclosed, including on an appeal;

(b) to the extent to which it was displayed or communicated publicly at a hearing in public; or

(c) with the court’s permission.

Under section 18 of the 1996 Act, the court can punish for contempt of court any other use of disclosed prosecution material. See also section 19 of the 1996 Act.

Where Schedule 3 to the Contempt of Court Act 1981 applies, it modifies the provisions of the Magistrates’ Courts Act 1980 to which it refers, so that the court can act on its own initiative against a person accused of contempt.]

(1)

1981 c. 49; Schedule 3 has been amended, but the amendment is not relevant to these rules.