The Courts-Martial (Royal Navy, Army and Royal Air Force) (Evidence) Rules 2006

PART 5 Restrictions on reporting

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

16.—(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 in Form A of Schedule 2 to these Rules (or a form to the like effect) or orally under rule 18.

(2) If an application for a reporting direction is made in writing, the applicant shall send that application to the court administration officer and copies shall be sent at the same time to every other party to those proceedings.

Opposing an application for a reporting direction

17.—(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 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 21.

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

18.—(1) The judge advocate may give a reporting direction under section 46 of the Act in relation to a witness in those proceedings, notwithstanding that the 5 working days specified in rule 17(3) have not expired if—

(a) an application is made to him for the purposes of this rule; and

(b) he is satisfied that, due to exceptional circumstances, it is appropriate to do so.

(2) Any party to the proceedings may make the application under paragraph (1) whether or not an application has already been made under rule 16.

(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 it.

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

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

19.—(1) An application for an excepting direction under section 46(9) of the 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 in writing, pursuant to paragraph (4), at any time after the commencement of the proceedings in the court or orally at a hearing of an application for a reporting direction.

(4) If the application for an excepting direction is made in writing it must be in Form B of Schedule 2 to these Rules (or a form to the like effect) and the applicant shall send that application to the court administration officer and copies shall be sent at the same time to every party to those proceedings.

(5) 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.

(6) The 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 21.

Variation or revocation of a reporting or excepting direction

20.—(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 shall 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 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 21.

Application for an extension of time

21.—(1) An application may be made in writing to extend the period of time for notification under rule 17(3), rule 19(6) or rule 20(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

22.—(1) The judge advocate may—

(a) determine any application made under rule 16 and rules 18 to 21 without a hearing; or

(b) direct a hearing of any application.

(2) The court administration officer shall 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 shall notify each party to the proceedings of the time and place of the hearing.

(4) A 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 it.