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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-10-02

State In force

Department Statute Law Database

Source legislation.gov.uk

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These Rules provide a new code of civil procedure for the civil courts. They replace the Rules of the Supreme Court 1965 and the County Court Rules 1981. As well as the main body of the new rules (Parts 1—48), they also provide for certain specialist proceedings (Part 49) and transitional provisions (Part 51); the details of these are contained in practice directions. Part 50 introduces schedules to the Rules containing those provisions of the former rules of court which for the time being are re-enacted as part of the Civil Procedure Rules but without substantial changes.

Reform history JSON API

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A judgment creditor who wishes to enforce in a foreign country a judgment obtained in the High Court or in the County Court must apply for a certified copy of the judgment.

(3) The application may be made without notice.

Evidence in support

74.13

(1) The application must be supported by written evidence exhibiting copies of—

(a) the claim form in the proceedings in which judgment was given;

(b) evidence that it was served on the defendant;

(d) where relevant, a document showing that for those proceedings the applicant was a person to whom legal aid, as defined in rule 44.1, was provided.

(2) The written evidence must—

(a) identify the grounds on which the judgment was obtained;

(b) state whether the defendant objected to the jurisdiction and, if he did, the grounds of his objection;

(i) has been served in accordance with Part 6 and rule 40.4, and

(ii) is not subject to a stay of execution;

(d) state—

(i) the date on which the time for appealing expired or will expire;

(ii) whether an appeal notice has been filed;

(iii) the status of any application for permission to appeal; and

(iv) whether an appeal is pending;

(e) state whether the judgment provides for the payment of a sum of money, and if so, the amount in respect of which it remains unsatisfied;

(f) state whether interest is recoverable on the judgment, and if so, either—

(i) the amount of interest which has accrued up to the date of the application, or

(ii) the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue.

III: ENFORCEMENT OF UNITED KINGDOM JUDGMENTS IN OTHER PARTS OF THE UNITED KINGDOM

Interpretation

74.14

In this Section—

(a) “money provision” means a provision for the payment of one or more sums of money in a judgment whose enforcement is governed by section 18 of, and Schedule 6 to, the 1982 Act; and

(b) “non-money provision” means a provision for any relief or remedy not requiring payment of a sum of money in a judgment whose enforcement is governed by section 18 of, and Schedule 7 to, the 1982 Act.

Registration of money judgments in the High Court

74.15

(1) This rule applies to applications to the High Court under paragraph 5 of Schedule 6 to the 1982 Act for the registration of a certificate for the enforcement of the money provisions of a judgment—

(a) which has been given by a court in another part of the United Kingdom, and

(b) to which section 18 of that Act applies.

(2) The certificate must within six months of the date of its issue be filed in the Central Office of the Senior Courts, together with a copy certified by written evidence to be a true copy.

Registration of non-money judgments in the High Court

74.16

(1) This rule applies to applications to the High Court under paragraph 5 of Schedule 7 to the 1982 Act for the registration for enforcement of the non-money provisions of a judgment—

(a) which has been given by a court in another part of the United Kingdom, and

(b) to which section 18 of that Act applies.

(2) An application under paragraph (1) may be made without notice.

(3) An application under paragraph (1) must be accompanied—

(a) by a certified copy of the judgment issued under Schedule 7 to the 1982 Act; and

(b) by a certificate, issued not more than six months before the date of the application, stating that the conditions set out in paragraph 3 of Schedule 7 are satisfied in relation to the judgment.

(4) Rule 74.6 applies to judgments registered under Schedule 7 to the 1982 Act as it applies to judgments registered under section 4 of that Act.

(5) Rule 74.7 applies to applications to set aside the registration of a judgment under paragraph 9 of Schedule 7 to the 1982 Act as it applies to applications to set aside registrations under the 1920 and 1933 Acts.

Certificates of High Court and County Court money judgments

74.17

(1) This rule applies to applications under paragraph 2 of Schedule 6 to the 1982 Act for a certificate to enable the money provisions of a judgment of the High Court or of the County Court to be enforced in another part of the United Kingdom.

(2) The judgment creditor may apply for a certificate by filing at the court where the judgment was given or has been entered written evidence stating—

(a) the name and address of the judgment creditor and, if known, of the judgment debtor;

(b) the sums payable and unsatisfied under the money provisions of the judgment;

(i) the amount of interest which has accrued up to the date of the application, or

(ii) the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue;

(d) that the judgment is not stayed;

(e) the date on which the time for appealing expired or will expire;

(f) whether an appeal notice has been filed;

(g) the status of any application for permission to appeal; and

(h) whether an appeal is pending.

Certified copies of High Court and County Court non-money judgments

74.18

(1) This rule applies to applications under paragraph 2 of Schedule 7 to the 1982 Act for a certified copy of a judgment of the High Court or of the County Court to which section 18 of the Act applies and which contains non-money provisions for enforcement in another part of the United Kingdom.

(2) An application under paragraph (1) may be made without notice.

(3) The applicant may apply for a certified copy of a judgment by filing at the court where the judgment was given or has been entered written evidence stating—

(a) full particulars of the judgment;

(b) the name and address of the judgment creditor and, if known, of the judgment debtor;

(d) the date on which the time for appealing expired or will expire;

(e) whether an appeal notice has been filed;

(f) the status of any application for permission to appeal; and

(g) whether an appeal is pending.

IV: ENFORCEMENT IN ENGLAND AND WALES OF EUROPEAN COMMUNITY JUDGMENTS

Interpretation

74.19

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Application for registration of a Community judgment

74.20

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Evidence in support

74.21

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Registration orders

74.22

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Application to vary or cancel registration

74.23

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Enforcement

74.24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registration of suspension order

74.25

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Registration and enforcement of a Euratom inspection order

74.26

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V EUROPEAN ENFORCEMENT ORDERS

Interpretation

74.27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certification of Judgments of the Courts of England and Wales

74.28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for a certificate of lack or limitation of enforceability

74.29

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Applications for rectification or withdrawal

74.30

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Enforcement of European Enforcement Orders in England and Wales

74.31

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Refusal of Enforcement

74.32

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Stay of or limitation on enforcement

74.33

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VI Recognition and enforcement of protection measures

Interpretation

74.34

In this Section—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) “incoming protection measure” means a protection measure that has been ordered in a Member State of the European Union other than the United Kingdom or Denmark;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) “person causing the risk” has the meaning given to it in the Protection Measures Regulation;

(h) “protected person” has the meaning given to it in the Protection Measures Regulation;

(i) “protection measure” has the meaning given to it in the Protection Measures Regulation;

(j) “Protection Measures Regulation” means Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil matters.

Procedure for applications in this Section

74.35

Subject to the rules in this Section, applications under the Protection Measures Regulation to the County Court or to the High Court must be made in accordance with Part 23.

Application for an Article 5 certificate

74.36

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The court to which an application for an Article 5 certificate must be made

74.37

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When a request for a translation of an Article 5 certificate may be made

74.38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The court to which a request for a translation of an Article 5 certificate must be made

74.39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service requirements under Article 6

74.40

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Notification of the certificate under Article 8

74.41

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Rectification of an Article 5 certificate

74.42

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Withdrawal of an Article 5 certificate

74.43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

When an application for an Article 14 certificate may be made

74.44

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The court to which an application for an Article 14 certificate must be made

74.45

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Application for adjustment under Article 11

74.46

A protected person may apply to the court under Article 11 of the Protection Measures Regulation to adjust the factual elements of an incoming protection measure.

Notification of the adjustment under Article 11

74.47

(1) Subject to paragraph (2), Article 11 notice must be given to the person causing the risk by serving it in accordance with Section III of Part 6 and the rules in that Section apply to service of the notice as they apply to any other document to be served.

(2) If the person causing the risk resides in a Member State of the European Union other than the United Kingdom or in a country outside the European Union, Article 11 notice must be given by sending it by registered letter with acknowledgment of receipt or other confirmation of delivery or equivalent to the last known place of residence of that person.

Enforcement of an incoming protection measure

74.48

... Part 81 applies to applications in relation to a breach of an incoming protection measure as if the incoming protection measure had been ordered by the County Court.

Application for refusal of recognition or enforcement under Article 13

74.49

A person causing the risk may apply to the court under Article 13 of the Protection Measures Regulation for refusal of recognition or enforcement of an incoming protection measure.

Application under Article 14(2)

74.50

(1) This rule applies where an Article 14 certificate has been issued in a Member State of the European Union other than the United Kingdom or Denmark.

(2) A protected person or person causing the risk may apply to the court to stay, suspend or withdraw the effects of recognition or, where applicable, the enforcement of the protection measure.

(3) An application under this rule must include a copy of the Article 14 certificate issued in the other Member State.

(4) On an application under this rule, the court must make such orders or give such directions as may be necessary to give effect to the Article 14 certificate.

PART 75 — TRAFFIC ENFORCEMENT

Scope and interpretation	Rule 75.1
The Centre	Rule 75.2
Request for registration	Rule 75.3
Electronic delivery of documents	Rule 75.4
Functions of court officer	Rule 75.5
Review of decision of court officer	Rule 75.5A
Enforcement of orders	Rule 75.6
Local authority warrant of control	Rule 75.7
Revocation of order	Rule 75.8
Applications for enforcement	Rule 75.9
. . .	. . .

Scope and interpretation

75.1

(1) Practice Direction 75—

(a) sets out the proceedings to which this Part applies; and

(b) may apply this Part with modifications in relation to any particular category of those proceedings.

(Rule 21.1(1)(c)(i) provides that Part 21 (children and protected parties) does not apply to proceedings under this Part where one of the parties is a child.)

(2) In this Part—

(a) “the Centre” means the Traffic Enforcement Centre established under the direction of the Lord Chancellor;

(a1) “enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007;

(a2) “local authority warrant of control” means a warrant of control issued by a local authority under article 5 of the 1993 Order;

(b) “no relevant return to the warrant” means that—

(i) the enforcement agent has been unable to take control of goods because the enforcement agent has been denied access to premises occupied by the defendant or because the goods have been removed from those premises;

(ii) any goods seized under a local authority warrant of control are insufficient to satisfy the debt and the cost of enforcement; or

(iii) the goods are insufficient to cover the cost of their removal and sale ;

(ba) ‘notice of enforcement’ has the meaning given in regulation 2 of the Taking Control of Goods Regulations 2013;

(bb) ‘order for recovery' means an order drawn up by the authority under rule 75.3(4) on receipt from the court of the registered request under rule 75.3(3);

(d) “relevant period”, in relation to any particular case, means—

(i) the period allowed for serving a statutory declaration or witness statement under any enactment which applies to that case; or

(ii) where an enactment permits the court to extend that period, the period as extended;

(e) “specified debts” means the debts specified in article 2 of the 1993 Order or treated as so specified by any other enactment; and

(f) “the authority”, “notice of the amount due”, “order” and “the respondent” have the meaning given by Practice Direction 75.

The Centre

75.2

(1) Proceedings to which this Part applies must be started in the Centre.

(2) For any purpose connected with the exercise of the Centre’s functions—

(a) the Centre is deemed to be an office of the County Court; and

(b) any officer of the Centre, in exercising its functions, is deemed to act as an officer of the County Court.

Request for registration

75.3

(1) The authority must file a request in the appropriate form scheduling the amount claimed to be due.

(2) The authority must, in that request or in another manner approved by the court officer—

(a) certify—

(i) that 14 days have elapsed since service of the notice of the amount due;

(ii) the date of such service;

(iii) the number of the notice of the amount due; and

(iv) that the amount due remains unpaid;

(b) specify the grounds (whether by reference to the appropriate code or otherwise), as stated in the notice, on which the authority claims to be entitled to claim that amount; and

(i) the name, title and address of the respondent;

(ii) the registration number of the vehicle concerned;

(iii) the authority’s address for service;

(iv) the court fee; and

(v) such other matters as required by Practice Direction 75.

(3) On receipt of a request that meets the requirements of paragraphs (1) and (2), the court officer will order that the amount due may be recovered as if it were payable under a County Court order by registering the request and returning it to the authority.

(4) On receipt of a registered request the authority may draw up the order for recovery and must—

(a) insert in the order for recovery the date by which the respondent must either—

(i) comply with the order for recovery; or

(ii) file a statutory declaration or witness statement; and

(b) attach to the order for recovery a form of statutory declaration or witness statement for the respondent’s use.

(5) The authority must serve in accordance with Part 6 the order for recovery (and the form of statutory declaration or witness statement) on the respondent within 15 days of the date on which the request is registered by the court.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electronic delivery of documents

75.4

(1) Where the authority is required to file any document other than the request, that requirement is satisfied if the information which would be contained in the document is delivered in computer-readable form.

(2) For the purposes of paragraph (1), information which would be contained in a document relating to one case may be combined with information of the same nature relating to another case.

(3) Where a document is required to be produced, that requirement will be satisfied if a copy of the document is produced from computer records.

Functions of court officer

75.5

Practice Direction 75 sets out the circumstances in which a court officer may exercise the functions of the court.

Review of decision of court officer

75.5A

(1) Any party may request any decision of a court officer to be reviewed by a District Judge.

(2) Such a request must be made within 14 days of service of the decision.

(3) Subject to paragraph (4), unless—

(a) the party requesting the review requests a hearing; or

(b) the court orders a hearing,

a request for a review under paragraph (1) shall be determined without a hearing.

(4) Where a court officer has made an order on an application for a longer period to file a statutory declaration or witness statement, a request for a review under paragraph (1) shall be determined without a hearing unless the court otherwise directs.

Enforcement of orders

75.6

Subject to the 1993 Order and this rule the following rules apply to the enforcement of specified debts—

(a) Parts 70 to 73;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ca) rule 83.4; and

(d) Part 89.

Local authority warrant of control

75.7

(1) An authority seeking the issue of a local authority warrant of control must file a request—

(a) certifying the amount remaining due under the order for recovery;

(b) specifying the date of service of the order for recovery on the respondent; and

(2) The court will seal the request and return it to the authority.

(3) Within 7 days of the sealing of the request the authority must prepare the warrant in the appropriate form.

(4) No payment under a warrant will be made to the court.

(5) Where the address of the respondent has changed since the issue of the warrant, the warrant shall remain valid if a new notice of enforcement (as required by regulation 7 of the Taking Control of Goods Regulations 2013) is given to the respondent.

(6) Where paragraph (5) applies, the warrant remains valid only for the remainder of the 12 month period beginning with the date it was originally issued.

(7) Where an authority’s warrant of control has been issued in accordance with this rule, any application made under rule 84.5 must be made to the Centre and will be determined by a District Judge.

Revocation of order

75.8

Where, in accordance with any enactment, an order for recovery is deemed to have been revoked following the filing of a statutory declaration or a witness statement—

(a) the court will serve a copy of the statutory declaration or witness statement on the authority;

(b) any warrant of control issued pursuant to the order will cease to have effect; and

(c) if appropriate, the authority must inform any enforcement agent instructed to exercise the enforcement power of the withdrawal of the warrant as soon as possible.

Applications for enforcement

75.9

(1) Where an authority applies for any of the following orders, it must send to the Centre a separate application for each order sought—

(a) a charging order;

(b) an attachment of earnings order;

(d) a third party debt order.

(2) An application under paragraph (1) may combine different orders for recovery made against the same respondent under rule 75.3(4).

(“Order for recovery” is defined in rule 75.1(2)(bb).)

(3) In respect of each order for recovery to which an application under paragraph (1) relates, the authority must—

(a) where it has not attempted to enforce the order for recovery by taking control of goods, state the reason why no such attempt was made;

(b) certify that there has been no relevant return of the warrant of control;

(d) certify that the period required before making the application has expired.

(4) Where an application under paragraph (1) relates to more than one order for recovery, the information required by paragraph (3) must be provided in the form specified in Practice Direction 75.

(5) Before an application under paragraph (1) is issued, the Centre shall send—

(a) any application for a charging order or an attachment of earnings order to the Civil National Business Centre; and

(b) any application for an order to obtain information or a third party debt order to the appropriate County Court hearing centre,

together with any material relating to the application.

Further information required

75.10

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Combining requests

75.11

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PART 76 — PROCEEDINGS UNDER THE PREVENTION OF TERRORISM ACT 2005

1 APPLICATION OF THIS PART
Scope and interpretation	76.1
Modification to the overriding objective	76.2
2 APPLICATIONS TO THE HIGH COURT RELATING TO DEROGATING CONTROL ORDERS
Scope of this section	76.3
Applications for the making of a derogating control order	76.4
Directions for a full hearing on notice	76.5
Applications on notice	76.6
3 PERMISSION APPLICATIONS, REFERENCES AND APPEALS TO THE HIGH COURT RELATING TO NON-DEROGATING CONTROL ORDERS
Scope of this section	76.7
Application for permission to make non-derogating control order	76.8
References under section 3(3) of the Act	76.9
Directions for hearing on application for permission or on a reference	76.10
Appeals under section 10 of the Act	76.11
Modification of Part 52 (appeals)	76.12
Notice of appeal	76.13
Time limit for appealing	76.14
Secretary of State’s reply	76.15
4 APPEALS TO THE COURT OF APPEAL
Modification of Part 52 (appeals)	76.16
5 GENERAL PROVISIONS
Scope of this section	76.17
Address for issuing proceedings in the High Court	76.18
Applications for anonymity	76.19
Notification of hearing	76.20
Hearings	76.21
Hearings in private	76.22
Appointment of a special advocate	76.23
Functions of special advocate	76.24
Special advocate: communicating about proceedings	76.25
Modification of the general rules of evidence and disclosure	76.26
Filing and service of relevant material	76.27
Closed material	76.28
Consideration of Secretary of State’s objection	76.29
Order of filing and serving material and written submissions	76.30
Failure to comply with directions	76.31
Judgments	76.32
Application by Secretary of State for reconsideration of decision	76.33
Supply of court documents	76.34

SECTION 1 — Application of this Part

Scope and interpretation

76.1

(1) This Part contains rules about—

(a) control order proceedings in the High Court; and

(b) appeals to the Court of Appeal against an order of the High Court in such proceedings.

(2) In the case of proceedings brought by virtue of section 11(2) of the Act, the rules in this Part shall apply with any modification which the court considers necessary.

(3) In this Part—

(a) “the Act” means the Prevention of Terrorism Act 2005;

(b) “closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party;

(d) “controlled person”, has the same meaning as in section 15(1) of the Act;

(e) “legal representative” is to be construed in accordance with paragraph 11 of the Schedule to the Act;

(f) “open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) “relevant material” has the same meaning as in paragraph 4(5) of the Schedule to the Act;

(i) “relevant party” has the same meaning as in paragraph 11 of the Schedule to the Act;

(j) “special advocate” means a person appointed under paragraph 7 of the Schedule to the Act.

(4) For the purposes of this Part, disclosure is contrary to the public interest if it is made contrary to the interests of national security, the international relations of the United Kingdom, the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest.

Modification to the overriding objective

76.2

(1) Where this Part applies, the overriding objective in Part 1, and so far as relevant any other rule, must be read and given effect in a way which is compatible with the duty set out in paragraph (2).

(2) The court must ensure that information is not disclosed contrary to the public interest.

(3) Subject to paragraph (2), the court must satisfy itself that the material available to it enables it properly to determine proceedings.

SECTION 2 — Applications to the High Court relating to derogating control orders

Scope of this section

76.3

(1) This section of this Part contains rules about applications relating to derogating control orders.

(2) Part 23 does not apply to an application made under this section of this Part.

Applications for the making of a derogating control order

76.4

An application for the making of a derogating control order under section 4(1) of the Act must be made by the Secretary of State by filing with the court—

(a) a statement of reasons to support the application for—

(i) making such an order, and

(ii) imposing each of the obligations to be imposed by that order;

(b) all relevant material;

(d) a draft of the order sought.

Directions for a full hearing on notice

76.5

(1) When the court makes a derogating control order under section 4(3) of the Act it must—

(a) immediately fix a date, time and place for a further hearing at which the controlled person, his legal representative and a special advocate (if one has been appointed) can be present; and

(b) unless the court otherwise directs, that date must be no later than 7 days from the date that the order is made.

(2) At the hearing referred to in paragraph (1)(a) the court must give directions—

(a) for the holding of a full hearing under section 4(1)(b) of the Act to determine whether to confirm the control order (with or without modifications) or to revoke it; and

(b) specifying the date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 76.30.

(3) When giving directions under paragraph (2), the court must have regard to the need to expedite the full hearing.

Applications on notice

76.6

(1) An application under section 4(9) for the renewal, or under section 7(4) of the Act, for the revocation of a control order or for the modification of obligations imposed by such an order, must be made in accordance with this rule.

(2) An application by the Secretary of State must be made by—

(a) filing with the court—

(i) a statement of reasons to support the application,

(ii) all relevant material,

(iii) any written submissions, and

(iv) a draft of the order sought; and

(b) serving on the controlled person or his legal representative any open material.

(3) An application by the controlled person must be made by filing with the court and serving on the Secretary of State—

(a) a statement of reasons to support the application;

(b) any written evidence upon which he relies;

(d) where appropriate, a draft of the order sought.

(4) If the controlled person wishes to oppose an application made under this rule, he must as soon as practicable file with the court, and serve on the Secretary of State, any written evidence and any written submissions upon which he relies.

(5) If the Secretary of State wishes to oppose an application made under this rule, he must as soon as practicable—

(a) file with the court—

(i) all relevant material, and

(ii) any written submissions; and

(b) serve on the controlled person any open material.

SECTION 3 — Permission applications, references and appeals to the High Court relating to non-derogating control orders

Scope of this section

76.7

This section of this Part contains rules about—

(a) applications under section 3(1)(a) of the Act (application for permission to make a non-derogating control order);

(b) references under section 3(3) of the Act (reference of a non-derogating control order made without permission); and

Application for permission to make non-derogating control order

76.8

An application under section 3(1)(a) for permission to make a non-derogating control order must be made by the Secretary of State by filing with the court—

(a) a statement of reasons to support the application;

(b) all relevant material;

(d) the proposed control order.

References under section 3(3) of the Act

76.9

(1) This rule applies where the Secretary of State makes a reference under section 3(3) of the Act (reference of a non-derogating control order).

(2) The Secretary of State must promptly file with the court—

(a) a statement of the reasons for—

(i) making the control order,

(ii) imposing the obligations imposed by that order;

(b) all relevant material; and

Directions for hearing on application for permission or on a reference

76.10

(1) This rule applies where the court gives directions under section 3(2)(c) or (6)(b) or (c) of the Act.

(2) The court must immediately—

(a) fix a date, time and place for a further hearing at which the controlled person, his legal representative and a special advocate (if one has been appointed) can be present; and

(b) unless the court otherwise directs—

(i) in the case of directions given under section 3(2)(c), that date must be no later than 7 days from the date on which the notice of the terms of the control order is delivered to the controlled person in accordance with section 7(8) of the Act; or

(ii) in the case of directions given under section 3(6)(b) or (c), that date must be 7 days from the date on which the court’s determination on the reference is made.

(3) At the hearing referred to in paragraph (2), the court must give directions—

(a) for a hearing under section 3(10); and

(b) specifying the date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 76.30.

(4) When giving directions under paragraph (3), the court must have regard to the need to expedite that hearing.

Appeals under section 10 of the Act

76.11

This rule and rules 76.12 to 76.15 apply to an appeal under section 10 of the Act (appeals relating to a non-derogating control order).

Modification of Part 52 (appeals)

76.12

(1) Part 52 (appeals) applies to an appeal under section 10 of the Act, subject to—

(a) rule 76.2;

(b) the rules in section 5 of this Part; and

(2) The following rules do not apply to appeals under section 10 of the Act—

(a) rules 52.3, 52.4 and 52.6 (permission);

(b) 52.12 (appellant’s notice);

(d) rule 52.21 (hearing of appeals).

(3) Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) apply, but the parties shall not be required to comply with paragraphs 5.1 to 5.3 of Practice Direction 52A and paragraphs 6.3 to 6.6 of Practice Direction 52B.

Notice of appeal

76.13

(1) The controlled person must give notice of appeal by—

(a) filing it with the court; and

(b) serving a copy of the notice and any accompanying documents on the Secretary of State.

(2) The notice of appeal must—

(a) set out the grounds of the appeal; and

(b) state the name and address of-

(i) the controlled person, and

(ii) any legal representative of that person.

(3) A notice of appeal may include an application for an order under rule 76.19 requiring anonymity.

(4) The notice of appeal must be filed with—

(a) a copy of the order that is the subject of the appeal;

(b) a copy of the Secretary of State’s decision on an application for the revocation of the control order, or for the modification of an obligation imposed by such an order.

Time limit for appealing

76.14

(1) Subject to paragraph (2), the controlled person must give notice of appeal no later than 28 days after receiving ...—

(a) the notice setting out the terms of the order, renewal or modification that is the subject of the appeal; or

(b) notice of the decision by the Secretary of State on an application for the revocation of the control order, or for the modification of an obligation imposed by such an order.

(2) In a case where the Secretary of State has failed to determine an application for the revocation of the control order, or for the modification of an obligation imposed by such an order, the controlled person must file the notice of appeal—

(a) no earlier than 28 days; and

(b) no later than 42 days;

after the date the application was made.

Secretary of State’s reply

76.15

If the Secretary of State wishes to oppose an appeal made under section 10 of the Act, he must no later than 14 days after he is served with the notice of appeal—

(a) file with the court—

(i) all relevant material, and

(ii) any written submissions; and

(b) serve on the controlled person any open material.

SECTION 4 — Appeals to the Court of Appeal

Modification of Part 52 (appeals)

76.16

(1) Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court in control order proceedings, subject to—

(a) rule 76.2;

(b) the rules in section 5 of this Part; and

(2) The following rules do not apply to appeals to the Court of Appeal—

(a) rule 52.12 (appellant’s notice); and

(b) rule 52.13 (respondent’s notice); but

the provisions of rules 76.13 and 76.15 shall apply with appropriate modifications.

(3) Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) apply, but the parties shall not be required to comply with paragraphs 6.3 to 6.6 of Practice Direction 52B and paragraph 28 of Practice Direction 52C.

SECTION 5 — General provisions

Scope of this section

76.17

This section of this Part applies to—

(a) control order proceedings in the High Court; and

(b) appeals to the Court of Appeal against an order of the High Court in such proceedings.

Address for issuing proceedings in the High Court

76.18

Any control order proceedings must be issued at the Administrative Court Office, Room C315, Royal Courts of Justice, Strand, London, WC2A 2LL.

Applications for anonymity

76.19

(1) The controlled person or the Secretary of State may apply for an order requiring the anonymity of the controlled person.

(2) An application under paragraph (1) may be made at any time, irrespective of whether any control order proceedings have been commenced.

(3) An application may be made without notice to the other party.

(4) References in this rule—

(a) to an order requiring anonymity for the controlled person are to be construed in accordance with paragraph 5(3) of the Schedule to the Act; and

(b) to the controlled person, in relation to a time before the control order has been made, are to be construed in accordance with paragraph 5(4) of the Schedule to the Act.

Notification of hearing

76.20

Unless the court orders otherwise, it must serve notice of the date, time and place fixed for any hearing on—

(a) every party, whether or not entitled to attend that hearing; and

(b) if one has been appointed for the purposes of the hearing, the special advocate or those instructing him.

Hearings

76.21

(1) The following proceedings must be determined at a hearing—

(a) a hearing pursuant to directions given under section 4(1)(b) of the Act (derogating control orders);

(b) a hearing pursuant to directions given under sections 3(2)(c) or (6)(b) or (c) of the Act (non-derogating control orders);

(d) an appeal to the Court of Appeal from an order of the High Court made in any of the above proceedings; and

(e) a hearing under rule 76.29(2) (consideration of Secretary of State’s objection).

(2) Paragraph (1)(c) and (d) do not apply where—

(a) the appeal is withdrawn by the controlled person;

(b) the Secretary of State consents to the appeal being allowed; or

(c) the controlled person is outside the United Kingdom or it is impracticable to give him notice of a hearing and, in either case, he is unrepresented.

Hearings in private

76.22

(1) If the court considers it necessary for any relevant party and his legal representative to be excluded from a hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, it must-

(a) direct accordingly; and

(b) conduct the hearing, or that part of it from which the relevant party and his legal representative are excluded, in private.

(2) The court may conduct a hearing or part of a hearing in private for any other good reason.

Appointment of a special advocate

76.23

(1) Subject to paragraph (2), the Secretary of State must immediately give notice of the proceedings to the Attorney General upon—

(a) making an application under section 4(1) of the Act (relating to a derogating control order);

(b) making an application under section 3(1)(a) of the Act (application for permission to make a non-derogating control order);

(c) making a reference under section 3(3) of the Act (reference of a non-derogating control order made without permission); or

(d) being served with a copy of any application, claim, or notice of appeal in proceedings to which this Part applies.

(2) Paragraph (1) applies unless—

(a) the Secretary of State does not intend to—

(i) oppose the appeal or application; or

(ii) withhold closed material from a relevant party; or

(b) a special advocate has already been appointed to represent the interests of the relevant party in the proceedings and that special advocate is not prevented from communicating with that party by virtue of rule 76.25.

(3) Where notice is given to the Attorney General under paragraph (1), the Attorney General may appoint a special advocate to represent the interests of the relevant party in the proceedings.

(4) Where any proceedings to which this Part apply are pending but no special advocate has been appointed, a relevant party or the Secretary of State may request the Attorney General to appoint a special advocate.

Functions of special advocate

76.24

The functions of a special advocate are to represent the interests of a relevant party by—

(a) making submissions to the court at any hearings from which the relevant party and his legal representatives are excluded;

(b) adducing evidence and cross-examining witnesses at any such hearings; and

Special advocate: communicating about proceedings

76.25

(1) The special advocate may communicate with the relevant party or his legal representative at any time before the Secretary of State serves closed material on him.

(2) After the Secretary of State serves closed material on the special advocate, the special advocate must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (3) or a direction of the court pursuant to a request under paragraph (4).

(3) The special advocate may, without directions from the court, communicate about the proceedings with—

(a) the court;

(b) the Secretary of State, or any person acting for him;

(d) any other person, except for the relevant party or his legal representative, with whom it is necessary for administrative purposes for him to communicate about matters not connected with the substance of the proceedings.

(4) The special advocate may request directions from the court authorising him to communicate with the relevant party or his legal representative or with any other person.

(5) Where the special advocate makes a request for directions under paragraph (4)—

(a) the court must notify the Secretary of State of the request; and

(b) the Secretary of State must, within a period specified by the court, file with the court and serve on the special advocate notice of any objection which he has to the proposed communication, or to the form in which it is proposed to be made.

(6) Paragraph (2) does not prohibit the relevant party from communicating with the special advocate after the Secretary of State has served material on him as mentioned in paragraph (1), but—

(a) the relevant party may only communicate with the special advocate through a legal representative in writing; and

(b) the special advocate must not reply to the communication other than in accordance with directions of the court, except that he may without such directions send a written acknowledgment of receipt to the legal representative of the relevant party.

Modification of the general rules of evidence and disclosure

76.26

(1) Part 31 (disclosure and inspection of documents), Part 32 (evidence) and Part 33 (miscellaneous rules about evidence) do not apply to any proceedings to which this Part applies.

(2) Subject to the other rules in this Part, the evidence of a witness may be given either—

(a) orally, before the court; or

(b) in writing, in which case it shall be given in such manner and at such time as the court directs.

(3) The court may also receive evidence in documentary or any other form.

(4) The court may receive evidence that would not, but for this rule, be admissible in a court of law.

(5) Every party shall be entitled to adduce evidence and to cross-examine witnesses during any part of a hearing from which he and his legal representative are not excluded.

(5A) A special advocate shall be entitled to adduce evidence and to cross-examine witnesses.

(6) The court may require a witness to give evidence on oath.

Filing and service of relevant material

76.27

The Secretary of State is required to make a reasonable search for relevant material and to file and serve that material in accordance with the rules in this Part.

Closed material

76.28

(1) The Secretary of State—

(a) must apply to the court for permission to withhold closed material from a relevant party or his legal representative in accordance with this rule; and

(b) may not rely on closed material at a hearing on notice unless a special advocate has been appointed to represent the interests of the relevant party.

(2) The Secretary of State must file with the court and serve, at such time as the court directs, on the special advocate—

(a) the closed material;

(b) a statement of his reasons for withholding that material from the relevant party; and

(c) if he considers it possible to summarise that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the relevant party.

(3) The Secretary of State may at any time amend or supplement material filed under this rule, but only with—

(a) the agreement of the special advocate; or

(b) the permission of the court.

Consideration of Secretary of State’s objection

76.29

(1) This rule applies where the Secretary of State has—

(a) objected under rule 76.25(5)(b) to a proposed communication by the special advocate or to the form in which it is proposed to be made; or

(b) applied under rule 76.28 for permission to withhold closed material.

(2) The court must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless—

(a) the special advocate gives notice to the court that he does not challenge the objection or application;

(b) the court has previously considered—

(i) an objection under rule 76.25(5)(b) to the same or substantially the same communication, or

(ii) an application under rule 76.28(1) for permission to withhold the same or substantially the same material, and

is satisfied that it would be just to uphold that objection or to give permission without a hearing; orthe Secretary of State and the special advocate consent to the court deciding the issue without a hearing.

(3) If the special advocate does not challenge the objection or the application, he must give notice of that fact to the court and the Secretary of State within 14 days, or such other period as the court may direct, after the Secretary of State serves on him a notice under rule 76.25(5)(b) or material under rule 76.28(2).

(4) Where the court fixes a hearing under this rule, the Secretary of State and the special advocate must before the hearing file with the court a schedule identifying the issues which cannot be agreed between them, which must—

(a) list the items or issues in dispute;

(b) give brief reasons for their contentions on each; and

(5) A hearing under this rule shall take place in the absence of the relevant party and his legal representative.

(6) Where the court gives permission to the Secretary of State to withhold closed material, the court must—

(a) consider whether to direct the Secretary of State to serve a summary of that material on the relevant party or his legal representative; but

(b) ensure that no such summary contains information or other material the disclosure of which would be contrary to the public interest.

(7) Where the court has not given permission to the Secretary of State to withhold closed material from, or has directed the Secretary of State to serve a summary of that material on, a relevant party or his legal representative—

(a) the Secretary of State shall not be required to serve that material or summary; but

(b) if he does not do so, at a hearing on notice the court may—

(i) if it considers that the material or anything that is required to be summarised might be of assistance to the relevant party in relation to a matter under consideration by the court, direct that the matter be withdrawn from its consideration, and

(ii) in any other case, direct that the Secretary of State shall not rely in the proceedings on that material or (as the case may be) on what is required to be summarised.

(8) The court must give permission to the Secretary of State to withhold closed material where it considers that the disclosure of that material would be contrary to the public interest.

Order of filing and serving material and written submissions

76.30

Subject to any directions given by the court, the parties must file and serve any material and written submissions, and the special advocate must file and serve any written submissions, in the following order—

(a) the Secretary of State must file with the court all relevant material;

(b) the Secretary of State must serve on—

(i) the relevant party or his legal representative; and

(ii) the special advocate (as soon as one is appointed) or those instructing him,

any open material;

(c) the relevant party must file with the court and serve on the Secretary of State and special advocate (if one is appointed) or those instructing him any written evidence which he wishes the court to take into account at the hearing;

(d) the Secretary of State must file with the court any further relevant material;

(e) the Secretary of State must serve on—

(i) the relevant party or his legal representative, and

(ii) the special advocate (as soon as one is appointed) or those instructing him,

any open material filed with the court under paragraph (d);

(f) the Secretary of State must serve on the special advocate (if one has been appointed) any closed material;

(g) the parties and the special advocate (if one has been appointed) must file and serve any written submissions as directed by the court.

Failure to comply with directions

76.31

(1) Where a party or the special advocate fails to comply with a direction of the court, the court may serve on him a notice which states—

(a) the respect in which he has failed to comply with the direction;

(b) a time limit for complying with the direction; and

(c) that the court may proceed to determine the proceedings before it, on the material available to it, if the party or the special advocate fails to comply with the relevant direction within the time specified.

(2) Where a party or special advocate fails to comply with such a notice, the court may proceed in accordance with paragraph (1)(c).

Judgments

76.32

(1) When the court gives judgment in any proceedings to which this Part applies, it may withhold any or part of its reasons if and to the extent that it is not possible to give reasons without disclosing information contrary to the public interest.

(2) Where the judgment of the court does not include the full reasons for its decision, the court must serve on the Secretary of State and the special advocate a separate written judgment including those reasons.

Application by Secretary of State for reconsideration of decision

76.33

(1) This rule applies where the court proposes, in any proceedings to which this Part applies, to serve notice on a relevant party of any—

(a) order or direction made or given in the absence of the Secretary of State; or

(b) any judgment.

(2) Before the court serves any such notice on the relevant party, it must first serve notice on the Secretary of State of its intention to do so.

(3) The Secretary of State may, within 5 days of being served with notice under paragraph (2), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if he considers that—

(a) his compliance with the order or direction; or

(b) the notification to the relevant party of any matter contained in the judgment, order or direction;

would cause information to be disclosed contrary to the public interest.

(4) Where the Secretary of State makes an application under paragraph (3), he must at the same time serve on the special advocate, if one has been appointed—

(a) a copy of the application; and

(b) a copy of the notice served on the Secretary of State pursuant to paragraph (2).

(5) Rule 76.29 (except for paragraphs (6) and (7)) shall, if a special advocate has been appointed, apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.

(6) The court must not serve notice on the relevant party as mentioned in paragraph (1) before the time for the Secretary of State to make an application under paragraph (3) has expired.

Supply of court documents

76.34

Unless the court otherwise directs, rule 5.4 (Register of Claims), rule 5.4B (Supply of documents from court records – a party) and rule 5.4C (Supply of documents from court records – a non-party) do not apply to any proceedings to which this Part applies.

PART 77 — PROVISIONS IN SUPPORT OF CRIMINAL JUSTICE

Scope of this Part	Rule 77.1

SECTION 1 – SERIOUS CRIME PREVENTION ORDERS
Interpretation	Rule 77.1A
Application for a SCPO	Rule 77.2
Applications by third parties to make representations and applications to vary or discharge a SCPO made by the High Court	Rule 77.3
Application to vary or discharge a SCPO made by the Crown Court	Rule 77.4
Where to make an application	Rule 77.5

SECTION 2 – APPLICATION TO QUASH AN ACQUITTAL
Scope and interpretation	Rule 77.6
Time limit for making the application	Rule 77.7
Where to make the application	Rule 77.8
How to make the application	Rule 77.9
Notice to defendant (acquitted person)	Rule 77.10
Response to the application	Rule 77.11
Further evidence	Rule 77.12
Determination of the application to quash an acquittal (general provisions)	Rule 77.13
Application for a hearing to determine the application to quash an acquittal	Rule 77.14
Hearing to determine the application to quash an acquittal	Rule 77.15
SECTION 3 – REFERRAL OF RELEASE DECISIONS
SUB-SECTION 1 – GENERAL
Scope	Rule 77.16
Part 8 procedure	Rule 77.17
Proceedings under this Section	Rule 77.18
The application	Rule 77.19
Service on the defendant	Rule 77.20
SUB-SECTION 2 – NON-DISCLOSURE
Applications for non-disclosure	Rule 77.21
Applications under Part 2 of the 2013 Act	Rule 77.22
Applications other than under Part 2 of the 2013 Act	Rule 77.23
Relevant material and statement of reasons to be filed	Rule 77.24
Consideration of the application	Rule 77.25
Hearings	Rule 77.26
Special advocates	Rule 77.27
Special advocates – communicating about proceedings	Rule 77.28
Consideration of the claimant’s objection under rule 77.27(7)(b)	Rule 77.29
Failure to comply with directions	Rule 77.30
Orders under the 1997 Act and 2003 Act	Rule 77.31
Supply of court documents	Rule 77.32
Appeals	Rule 77.33

Scope of this Part

77.1

This Part contains rules about—

(a) in Section 1, applications for a serious crime prevention order under section 8 of the Serious Crime Act 2007 and related applications under sections 9, 17 and 18 of that Act; ...

(b) in Section 2, applications under section 54(3) of the Criminal Procedure and Investigations Act 1996 for an order quashing an acquittal ; and

(c) in Section 3, referrals of release decisions under section 32ZAA of the Crime (Sentences) Act 1997 and section 256AZBA of the Criminal Justice Act 2003.

SECTION 1 – SERIOUS CRIME PREVENTION ORDERS

Interpretation

77.1A

In this Section—

(a) “the 2007 Act” means the Serious Crime Act 2007; and

(b) “SCPO” means a serious crime prevention order under section 1 or section 9 of the 2007 Act.

Application for a SCPO

77.2

An application under section 8 of the 2007 Act for a SCPO must be started in accordance with Part 8 as modified by Practice Direction 77.

Applications by third parties to make representations and applications to vary or discharge a SCPO made by the High Court

77.3

An application under—

(a) section 9 of the 2007 Act; or

(b) section 17 or 18 of the 2007 Act to vary or discharge a SCPO made by the High Court,

must be made in accordance with Part 23 as modified by Practice Direction 77.

Application to vary or discharge a SCPO made by the Crown Court

77.4

An application under section 17 or 18 of the 2007 Act to vary or discharge a SCPO made by the Crown Court must be started in accordance with Part 8.

Where to make an application

77.5

Applications under this Part must be made to the Administrative Court in accordance with Practice Direction 77.

SECTION 2 APPLICATION TO QUASH AN ACQUITTAL

Scope and interpretation

77.6

(1) This Section contains rules about applications to quash an acquittal under section 54(3) of the Criminal Procedure and Investigations Act 1996 and applies in relation to acquittals in respect of offences alleged to have been committed on or after 15th April 1997.

(2) An application made under this Section may be made only by the individual or body which acted as prosecutor in the proceedings which led to the acquittal.

(3) In this Section—

(a) “the 1996 Act” means the Criminal Procedure and Investigations Act 1996;

(b) “acquitted person” means a person whose acquittal of an offence is the subject of a certification under section 54(2) of the 1996 Act, and “acquittal” means the acquittal of that person of that offence;

(d) “record of court proceedings” means—

(i) where the proceedings took place in the Crown Court, a transcript of the evidence; or

(ii) where the proceedings took place in a magistrates’ court, a transcript of the evidence if there is one and if not a note of the evidence made by the justices’ legal adviser,

in the proceedings which led to the conviction for the administration of justice offence referred to in section 54(1)(b) of the 1996 Act or, as the case may be, the proceedings which led to the acquittal.

Time limit for making the application

77.7

An application for an order quashing an acquittal under section 54(3) of the 1996 Act must be made no later than 28 days after the issue of the certificate to which section 54(2) of that Act refers.

Where to make the application

77.8

(1) The jurisdiction of the High Court under section 54(3) of the 1996 Act may be exercised by a Divisional Court or a single judge of the High Court.

(2) The application must be made to the Administrative Court which will direct whether the application should be dealt with by a Divisional Court or a single judge of the High Court.

How to make the application

77.9

(1) The application must be made by filing a claim form pursuant to Part 8.

(2) The claimant must file with the claim form—

(a) a witness statement which deals with the conditions in section 55(1), (2) and (4) of the 1996 Act and which exhibits any relevant documents (which may include a copy of any record of court proceedings); and

(b) a copy of the certification under section 54(2) of the 1996 Act.

Notice to defendant (acquitted person)

77.10

(1) Within 7 days of the claim form being issued by the court, the claimant must serve on the defendant (the acquitted person) a copy of the claim form and the documents which accompanied it.

(2) The documents referred to in paragraph (1) must be accompanied by a notice informing the defendant that—

(a) the result of the application may be the making of an order by the High Court quashing the acquittal; and

(b) the defendant must, if wishing to respond to the application, file—

(i) within 14 days of service of the claim form an acknowledgment of service; and

(ii) within 28 days of service of the claim form any witness statement on which the defendant wishes to rely.

(3) The claimant must file as soon as practicable after service of the notice on the defendant a certificate of service together with a copy of the notice.

Response to the application

77.11

(1) The defendant must, if wishing to respond to the application, file—

(a) an acknowledgment of service within 14 days of service of the claim form under rule 77.10; and

(b) a witness statement which—

(i) deals with the conditions in section 55(1), (2) and (4) of the 1996 Act; and

(ii) exhibits any relevant documents (which may include a copy of any record of court proceedings),

within 28 days of service of the claim form under rule 77.10.

(2) The defendant must serve the documents in paragraph (1) on the claimant within 7 days of filing them with the court.

(3) Rule 8.5(3) does not apply.

Further evidence

77.12

(1) The claimant may, not later than 10 days after the expiry of the period allowed in rule 77.11(1), apply without notice for permission to file further evidence.

(2) Any order granting permission to file further evidence will specify the period within which that further evidence is to be filed.

(3) The claimant must serve a copy of the further evidence on the defendant within 4 days of filing that further evidence.

(4) Rule 8.5(5) and 8.5(6) do not apply.

Determination of the application to quash an acquittal (general provisions)

77.13

(1) The application to quash an acquittal will be determined without a hearing unless the court, of its own initiative or on the application by a party, orders otherwise.

(2) The determination of the application to quash an acquittal will not be made, and any hearing of the application (if ordered) will not take place, before the expiry of—

(a) 10 days after the expiry of the period allowed under rule 77.11(1); or

(b) 10 days after the expiry of the period allowed by any order made under rule 77.12(2).

(3) The court will serve notice of any order made on the application to quash an acquittal on the parties and where the court before which the acquittal or conviction occurred was—

(a) a magistrates’ court, on the designated officer; or

(b) the Crown Court, on the appropriate officer of the Crown Court sitting at the place where the acquittal or conviction occurred.

Application for a hearing to determine the application to quash an acquittal

77.14

(1) An application for a hearing under rule 77.13(1) must—

(a) be made no later than 7 days after the expiry of the period allowed—

(i) under rule 77.11(1); or

(ii) by any order made under rule 77.12(2); and

(b) state whether a hearing is requested in order for a witness for the other party to attend to be cross-examined(GL) and, if so, the reasons for wishing the witness to attend.

(2) The party applying for a hearing must—

(a) serve a copy of the application notice on the other party within 4 days of filing it with the court; and

(b) file a certificate of service.

(3) The party served with an application for a hearing must file any representations within 5 days of service of the application notice.

(4) Subject to paragraph (5), the court will not determine an application for a hearing unless a certificate of service has been filed pursuant to sub-paragraph (2)(b) and—

(a) representations have been filed under paragraph (3); or

(b) the period for filing representations under paragraph (3) has expired.

(5) Where—

(a) no certificate of service has been filed; and

(b) no representations under paragraph (3) have been received after the expiry of 7 days from the date of filing the application,

the court may dismiss the application for a hearing.

Hearing to determine the application to quash an acquittal

77.15

Where a hearing is ordered, the court—

(a) may order a witness to attend to be cross-examined(GL)—

(i) of its own initiative; or

(ii) on a without notice application by a party; and

(b) will serve a notice on all parties setting out—

(i) the date, time and place of the hearing; and

(ii) the details of any witness ordered to attend for cross-examination(GL).

SECTION 3 — Referral of Release Decisions

Scope

77.16

This Section applies where the Secretary of State directs the Parole Board to refer a release decision to the High Court under section 32ZAA of the Crime (Sentences) Act 1997 (“the 1997 Act”) or section 256AZBA of the Criminal Justice Act 2003 (“the 2003 Act”).

Part 8 procedure

77.17

The Part 8 procedure applies to proceedings under this Section with the following modifications.

Proceedings under this Section

77.18

In proceedings under this Section—

(a) the referral of a release decision shall be treated as an application by the Secretary of State;

(b) the Secretary of State is the claimant;

(d) the Parole Board and any victim (as defined in section 1 of the Victims and Prisoners Act 2024) of an offence to which the referral relates are not parties;

(e) rules 8.7 and 8.8 shall not apply.

The application

77.19

(1) The claim form must—

(a) state that the Parole Board has been directed by the claimant to refer the release decision to the court because the claimant considers that—

(i) the release of the defendant would be likely to undermine public confidence in the parole system; and

(ii) if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the defendant should be confined;

(b) identify the provisions in the 1997 Act or the 2003 Act under which the direction was made; and

(2) Rule 8.5(1) is modified such that, not later than two days after the date on which the claim form is filed, the claimant must file with the court and, together with the claim form, serve on the defendant—

(a) the claimant’s reasons for considering why the court might not be satisfied that it is no longer necessary for the protection of the public that the defendant should be confined;

(b) any representations regarding the directions the court may include as to the conditions to be included in the defendant’s licence on release;

(d) all information and reports served on and considered by the Parole Board; and

(e) any further information the claimant considers relevant to the application.

(3) Paragraph (2) is subject to rule 77.21.

(4) In any proceedings under this Section, the claimant may not rely on any written evidence or information unless—

(a) it has been served in accordance with—

(i) a rule or practice direction under this Section; or

(ii) a direction of the court; or

(b) the court gives permission.

(5) Without prejudice to Sub-section 2, until the proceedings to which this Section applies are concluded, the claimant must file and serve on the defendant any material which—

(a) adversely affects the claimant’s case; or

(b) supports the defendant’s case.

Service on the defendant

77.20

(1) Except where rule 6.7 applies—

(a) the claim form must be served personally in accordance with rule 6.5; and

(b) the time within which a certificate of service must be filed under rule 6.17(2)(a) shall be within 7 days of service of the claim form.

(2) Except where the defendant has given an address for service under rule 6.23(2)(a), a document other than the claim form must be served on the defendant personally in accordance with rule 6.22.

Applications for non-disclosure

77.21

Any application under section 6(2) of the Justice and Security Act 2013 (“the 2013 Act”) or rule 77.23 must be made—

(a) when the claimant files material under rule 77.19(2); or

(b) if they have filed their material under rule 77.19(2), when the claimant files any additional material in respect of which they wish to make an application.

Applications under Part 2 of the 2013 Act

77.22

Where Part 2 of the 2013 Act applies to proceedings under this Section, Part 82 shall apply.

Applications other than under Part 2 of the 2013 Act

77.23

(1) This rule applies where, on application by the claimant, the court considers that—

(a) the disclosure of any information or any report (“the relevant material”) would adversely affect—

(i) the prevention of disorder or crime; or

(ii) the health or welfare of the defendant or any other person; and

(b) withholding the relevant material is a necessary and proportionate measure.

(2) Where this rule applies, the court must direct that the relevant material—

(a) be withheld from the defendant and their legal representative;

(b) be withheld from the defendant, but disclosed to their legal representative, in full or in a summary or redacted version, subject to the legal representative undertaking to the court not to disclose the relevant material or the summary or redacted version (as the case may be) to the defendant, or to any other person except as directed by the court and provided in the undertaking;

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