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

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FORM ARule 16(1) - Form of application for a reporting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999

Details requiredNotes
Details of applicant

Details of witness

Name of Witness:

Date of birth of witness:

If these details have not been given, please provide the reason below. These details need not be given where the applicant can show that there is good reason for not providing such details in order to protect the true identity of that witness.

Case details

Details of Prosecuting Authority:

Case number:

Accused(s): surname:

forenames:

Court-martial date and location (if known):

Charges:

Give brief details of those charges to which this application applies.

Details of application

Specify the grounds on which the applicant relies in support of the application for the reporting direction:

Give a description of evidence submitted in support of this application:

Set out the views of the witness for whom the direction is sought on this application:

The statement should make clear why, in the applicant’s view, if the direction is not given—

(a)

the quality of the evidence given by the witness, or

(b)

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.

This requirement is optional.

Examples of evidence might be:

Police report;

Medical report.

Does the application need to be determined URGENTLY (i.e. on less than 5 days’ notice)?If so, give reasons and specify any time-limit by which the application needs to be determined.

Public interest and interests of justice

State why a reporting direction—

(a)

is in the interests of justice; and

(b)

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

Signature of applicant or applicant’s Solicitor:

Date:

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