The Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997

Applications: interested persons

6.—(1) Where the prosecutor has reason to believe that a person who was involved (whether alone or with others and whether directly or indirectly) in the prosecutor’s attention being brought to any material to which an application under section 3(6), 7(5), 8(5), 9(8) or 14(2) relates may claim to have an interest in that material, the prosecutor shall—

(a) in the case of an application under section 3(6), 7(5), 8(5) or 9(8), at the same time as notice of the application is served under rule 2(2),

(b) in the case of an application under section 14(2), when he receives a copy of the notice referred to in rule 5(2),

give notice in writing to—

(i) the person concerned of the application, and

(ii) the clerk of the court of his belief and the grounds for it.

(2) An application under section 16(b) shall be made by notice in writing to the clerk of the court as soon as is reasonably practicable after receipt of notice under paragraph (1)(i) above or, if no such notice is received, after the person concerned becomes aware of the application referred to in that sub-paragraph and shall specify the nature of the applicant’s interest in the material and his involvement in bringing the material to the prosecutor’s attention.

(3) A copy of the notice referred to in paragraph (2) above shall be served on the prosecutor at the same time as it is sent to the clerk of the court.

(4) At the hearing of an application under section 3(6), 7(5), 8(5), 9(8) or 14(2) a person who has made an application under section 16(b) in accordance with paragraph (2) above shall be entitled to make representations to the court.