The Criminal Procedure Rules 2010

SECTION 2: GENERAL RULES

Exercise of court’s powers

6.3.—(1) The court must determine an application for an order—

(a) at a hearing (which will be in private unless the court otherwise directs); and

(b) in the applicant’s presence.

(2) The court must not determine such an application in the absence of the respondent or any other person affected, unless—

(a) the absentee has had at least 2 business days in which to make representations; or

(b) the court is satisfied that—

(i) the applicant cannot identify or contact the absentee,

(ii) it would prejudice the investigation if the absentee were present, or

(iii) it would prejudice the investigation to adjourn or postpone the application so as to allow the absentee to attend.

(3) The court may determine an application to vary or discharge an order—

(a) at a hearing (which will be in private unless the court otherwise directs), or without a hearing; and

(b) in the absence of—

(i) the applicant,

(ii) the respondent,

(iii) any other person affected by the order.

Court’s power to vary requirements under this Part

6.4.—(1) The court may—

(a) shorten or extend (even after it has expired) a time limit under this Part;

(b) dispense with a requirement for service under this Part (even after service was required); and

(c) consider an application made orally instead of in writing.

(2) A person who wants an extension of time must—

(a) apply when serving the application for which it is needed; and

(b) explain the delay.

Custody of documents

6.5.  Unless the court otherwise directs, the court officer may—

(a) keep a written application; or

(b) arrange for the whole or any part to be kept by some other appropriate person, subject to any conditions that the court may impose.