The Court Martial and Service Civilian Court (Youth Justice and Criminal Evidence Act 1999) Rules 2009

PART 4 Restrictions on reporting

Application for a reporting direction under section 46(6) of the 1999 Act

9.—(1) An application for a reporting direction made by a party to any proceedings, in relation to a witness in those proceedings, must be made in writing or orally under rule 11.

(2) A written application for a reporting direction must include the following information—

(a) name, address and date of birth of the witness (or the reason for not giving these details);

(b) brief details of the charges to which the application applies;

(c) the grounds on which the applicant asserts that, if the direction is not given—

(i) the quality of the evidence given by the witness, or

(ii) the level of co-operation given by the witness to any party to the proceedings in the preparation of that party’s case,

is likely to be diminished by fear or distress if the witness is identified by members of the public as a witness in the proceedings;

(d) whether the application needs to be determined urgently, and if so why and by when;

(e) why a reporting direction—

(i) is in the interests of justice; and

(ii) is in the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of proceedings.

(3) If an application for a reporting direction is made in writing, the applicant must—

(a) send it to the court administration officer; and

(b) at the same time, send copies of it to every other party to the proceedings.

Opposing an application for a reporting direction

10.—(1) If an application for a reporting direction is made in writing, any party to the proceedings who wishes to oppose that application must notify the applicant and the court administration officer in writing of his opposition and give reasons for it.

(2) A person opposing an application must state in the written notification whether he disputes that the—

(a) witness is eligible for protection under section 46 of the 1999 Act; or

(b) granting of protection would be likely to improve the quality of the evidence given by the witness or the level of co-operation given by the witness to any party to the proceedings in connection with that party’s preparation of its case.

(3) The notification under paragraph (1) must be given within 5 working days of the date the application was served on him unless an extension of time is granted under rule 14.

Urgent action on an application under section 46(6) of the 1999 Act

11.—(1) The judge advocate may give a reporting direction under section 46 of the 1999 Act in relation to a witness in those proceedings, notwithstanding that no written application has been made under rule 9 or that the 5 working days specified in rule 10(3) have not expired if an application is made to him under this rule.

(2) Any party to the proceedings may make the application under paragraph (1) whether or not an application has already been made under rule 9.

(3) An application under paragraph (1) may be made orally or in writing.

(4) If an application is made orally, the judge advocate may hear and take into account representations made to him by any person who in his view has a legitimate interest in the application before him.

(5) The application must specify the exceptional circumstances on which the application relies.

Application for an excepting direction under section 46(9) of the 1999 Act

12.—(1) An application for an excepting direction under section 46(9) of the 1999 Act (a direction dispensing with restrictions imposed by a reporting direction) may be made by—

(a) a party to those proceedings; or

(b) any person who, although not a party to the proceedings, is directly affected by a reporting restriction given in relation to a witness in those proceedings.

(2) If an application for an excepting direction is made, the applicant must state why—

(a) the effect of a reporting direction imposed places a substantial and unreasonable restriction on the reporting of the proceedings; and

(b) it is in the public interest to remove or relax those restrictions.

(3) An application for an excepting direction may be made—

(a) in writing, pursuant to paragraph (4), at any time after the commencement of the proceedings in the court; or

(b) orally, at a hearing of an application for a reporting direction.

(4) A written application for an excepting direction must include the following information—

(a) name, address and date of birth of the witness (or the reason for not giving these details);

(b) brief details of the charges to which the application applies;

(c) the extent to which the applicant invites the court to dispense with the restrictions imposed by the reporting direction;

(d) why—

(i) the reporting direction is or would be a substantial and unreasonable restriction on the reporting of proceedings and it is in the public interest to remove or relax that restriction; or

(ii) it would be in the interests of justice to do so;

(e) if an applicant is not a party to the proceedings, state why he is directly affected by a reporting direction given in relation to a witness in those proceedings.

(5) If an application for an excepting direction is made in writing, the applicant must—

(a) send it to the court administration officer; and

(b) at the same time, send copies to every party to the proceedings.

(6) Any person served with a copy of an application for an excepting direction who wishes to oppose it, must notify the applicant and court administration officer in writing of his opposition and give reasons for it.

(7) The notification under paragraph (6) must be given within 5 working days of the date the application was served on him unless an extension of time is granted under rule 14.

Variation or revocation of a reporting or excepting direction

13.—(1) An application to—

(a) revoke a reporting direction, or

(b) vary or revoke an excepting direction,

may be made at any time after the commencement of the proceedings in the court.

(2) An application under paragraph (1) may be made by a party to the proceedings in which the direction was issued, or by a person who, although not a party to those proceedings, is in the opinion of the judge advocate directly affected by the direction.

(3) An application under paragraph (1) must be made in writing and the applicant must send that application to the court administration officer, and at the same time copies of the application shall be sent to every party or, as the case may be, every other party to the proceedings.

(4) The applicant must set out in his application the reasons why he seeks to have the direction varied or, as the case may be, revoked.

(5) Any person served with a copy of an application who wishes to oppose it, must notify the applicant and the court administration officer in writing of his opposition and give reasons for it.

(6) Any notification under paragraph (5) must be given within 5 working days of the date the application was served on him unless an extension of time is granted under rule 14.

Application for an extension of time

14.—(1) An application may be made in writing to extend the period of time for notification under rule 10(3), rule 12(7) or rule 13(6) before that period has expired.

(2) An application must be accompanied by a statement setting out the reasons why the applicant is unable to give notification within that period.

(3) An application must be sent to the court administration officer and a copy of the application must be sent at the same time to the applicant.

Decision of the judge advocate

15.—(1) The judge advocate may—

(a) determine any application made under rule 9 and rules 11 to 14 without a hearing; or

(b) direct a hearing of any application.

(2) The court administration officer must notify all the parties of the judge advocate’s decision as soon as reasonably practicable.

(3) If a hearing of an application is to take place, the court administration officer must notify each party to the proceedings of the time and place of the hearing.

(4) The judge advocate may hear and take into account representations made to him by any person who in the judge advocate’s view has a legitimate interest in the application before him.