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The Criminal Procedure Rules 2025

Type Statutory-Instrument

Publication 2025-07-15

Last updated 2026-04-06

State In force

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(9) If the court fixes the amount to be paid itself, it must do so subject to any restriction on the amount that is imposed by regulations made by the Lord Chancellor.

(10) If the court directs an assessment, the order must specify any restriction on the amount to be paid that the court considers appropriate.

[Note. See also rule 45.2.

PAYMENT OF COSTS BY ONE PARTY TO ANOTHER

Costs on conviction and sentence, etc.

45.5

(1) This rule applies where the court can order a defendant to pay the prosecutor’s costs if the defendant is—

(a) convicted or found guilty;

(b) dealt with in the Crown Court after committal for sentence there;

(d) in an extradition case—

(i) ordered to be extradited, under Part 1 of the Extradition Act 2003,

(ii) sent for extradition to the Secretary of State, under Part 2 of that Act, or

(iii) unsuccessful on an appeal by the defendant to the High Court, or on an application by the defendant for permission to appeal from the High Court to the Supreme Court.

(2) The court may make an order—

(a) on application by the prosecutor; or

(b) on its own initiative.

(3) Where the prosecutor wants the court to make an order—

(a) the prosecutor must—

(i) apply as soon as practicable, and

(ii) specify the amount claimed; and

(b) the general rule is that the court must make an order if it is satisfied that the defendant can pay.

(4) A defendant who wants to oppose an order must make representations as soon as practicable.

(5) If the court makes an order, it must assess the amount itself.

[Note. See—

(a) rule 45.2;

(b) section 18 of the Prosecution of Offences Act 1985¹⁰⁵⁰and regulation 14 of the Costs in Criminal Cases (General) Regulations 1986; and

Costs on appeal

45.6

(1) This rule—

(a) applies where a magistrates’ court, the Crown Court or the Court of Appeal can order a party to pay another person’s costs on an appeal, or an application for permission to appeal; and

(b) authorises the Crown Court, in addition to its other powers, to order a party to pay another party’s costs on an appeal to that court, except on an appeal under—

(i) section 108 of the Magistrates’ Courts Act 1980¹⁰⁵¹, or

(ii) section 45 of the Mental Health Act 1983¹⁰⁵².

(2) In this rule, costs include—

(a) costs incurred in the court that made the decision under appeal; and

(b) costs met by legal aid.

(3) The court may make an order—

(a) on application by the person who incurred the costs; or

(b) on its own initiative.

(4) A person who wants the court to make an order must—

(a) apply as soon as practicable;

(b) notify each other party;

(i) the amount claimed, and

(ii) against whom; and

(d) where an appellant abandons an appeal to the Crown Court by serving a notice of abandonment—

(i) apply in writing not more than 10 business days later, and

(ii) serve the application on the appellant and on the Crown Court officer.

(5) A party who wants to oppose an order must—

(a) make representations as soon as practicable; and

(b) where the application was under paragraph (4)(d), serve representations on the applicant, and on the Crown Court officer, not more than 5 business days after it was served.

(6) Where the application was under paragraph (4)(d), the Crown Court officer may—

(a) submit it to the Crown Court; or

(b) serve it on the magistrates’ court officer, for submission to the magistrates’ court.

(7) If the court makes an order, it may direct an assessment under rule 45.11, or assess the amount itself where—

(a) the appellant abandons an appeal to the Crown Court;

(b) the Crown Court decides an appeal, except an appeal under—

(i) section 108 of the Magistrates’ Courts Act 1980, or

(ii) section 45 of the Mental Health Act 1983; or

(c) the Court of Appeal decides an appeal to which Part 40 applies (Appeal to the Court of Appeal about reporting or public access restriction).

(8) If the court makes an order in any other case, it must assess the amount itself.

[Note. See also rule 45.2.

Costs on an application

45.7

(1) This rule—

(a) applies where the court can order a party to pay another person’s costs in a case in which—

(i) the court decides an application for the production in evidence of a copy of a bank record,

(ii) a magistrates’ court or the Crown Court decides an application to terminate a football banning order,

(iii) a magistrates’ court or the Crown Court decides an application to terminate a disqualification for having custody of a dog,

(iv) the Crown Court allows an application to withdraw a witness summons,

(v) the Crown Court decides an application relating to a deferred prosecution agreement under rule 11.5 (breach), rule 11.6 (variation) or rule 11.7 (lifting suspension of prosecution), or

(vi) the Crown Court decides an application in the restraint and receivership proceedings to which Part 33 (Confiscation and related proceedings) applies; and

(b) authorises the Crown Court, in addition to its other powers, to order a party to pay another party’s costs—

(i) on an application to that court under rule 11.5, 11.6 or 11.7, or

(ii) on an application in the restraint and receivership proceedings to which Part 33 applies.

(2) The court may make an order—

(a) on application by the person who incurred the costs; or

(b) on its own initiative.

(3) A person who wants the court to make an order must—

(a) apply—

(i) as soon as practicable, in every case, and in any event

(ii) in restraint or receivership proceedings, no later than 20 business days after the conclusion of the application or proceedings in respect of which costs are sought;

(b) notify each other party; and

(i) the amount claimed, and

(ii) against whom.

(4) A party who wants to oppose an order must make representations as soon as practicable.

(5) If the court makes an order, it may direct an assessment under rule 45.11, or assess the amount itself.

(6) In restraint or receivership proceedings to which Part 33 (Confiscation and related proceedings) applies—

(a) the court may make more than one costs order but no one costs order may be made in respect of more than one application to make, vary or discharge a restraint order;

(b) the court must not order the defendant to pay the prosecutor’s costs unless—

(i) the prosecutor succeeds, and

(ii) the defendant acted unreasonably;

(i) the defendant succeeds, and

(ii) the prosecutor acted unreasonably;

(d) in deciding whether a party has succeeded the court must take into account the extent of any difference between the terms of the order sought and the terms of the order (if any) made; and

(e) in deciding whether it was reasonable to make an application the success of any previous such application is not conclusive.

[Note. See—

(a) rule 45.2;

(b) section 8 of the Bankers Books Evidence Act 1879¹⁰⁵⁷;

(d) section 2C(8) of the Criminal Procedure (Attendance of Witnesses) Act 1965¹⁰⁵⁹; and

(e) section 4(7) of the Dangerous Dogs Act 1991¹⁰⁶⁰.

Costs resulting from unnecessary or improper act, etc.

45.8

(1) This rule applies where the court can order a party to pay another party’s costs incurred as a result of an unnecessary or improper act or omission by or on behalf of the first party.

(2) In this rule, costs include costs met by legal aid.

(3) The court may make an order—

(a) on application by the party who incurred such costs; or

(b) on its own initiative.

(4) A party who wants the court to make an order must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so, and in any event no later than the end of the case;

(b) serve the application on—

(i) the court officer (or, in the Court of Appeal, the Registrar), and

(ii) each other party; and

(i) the party by whom costs should be paid,

(ii) the relevant act or omission,

(iii) the reasons why that act or omission meets the criteria for making an order,

(iv) the amount claimed, and

(v) those on whom the application has been served.

(5) Where the court considers making an order on its own initiative, it must—

(a) identify the party against whom it proposes making the order; and

(b) specify—

(i) the relevant act or omission,

(ii) the reasons why that act or omission meets the criteria for making an order, and

(iii) with the assistance of the party who incurred the costs, the amount involved.

(6) A party who wants to oppose an order must—

(a) make representations as soon as practicable; and

(b) in reply to an application, serve representations on the applicant and on the court officer (or Registrar) not more than 5 business days after it was served.

(7) If the court makes an order, it must assess the amount itself.

(8) To help assess the amount, the court may direct an enquiry by—

(a) the Lord Chancellor, where the assessment is by a magistrates’ court or by the Crown Court; or

(b) the Registrar, where the assessment is by the Court of Appeal.

(9) In deciding whether to direct such an enquiry, the court must have regard to all the circumstances including—

(a) any agreement between the parties about the amount to be paid;

(b) the amount likely to be allowed;

(d) the particular complexity of the assessment, or the difficulty or novelty of any aspect of the assessment.

(10) If the court directs such an enquiry—

(a) paragraphs (3) to (8) inclusive of rule 45.11 (Assessment and re-assessment) apply as if that enquiry were an assessment under that rule (but rules 45.12 (Appeal to a costs judge) and 45.13 (Appeal to a High Court judge) do not apply);

(b) the authority that carries out the enquiry must serve its conclusions on the court officer as soon as reasonably practicable after following that procedure; and

[Note. See—

(a) rule 45.2;

(b) section 19(1) of the Prosecution of Offences Act 1985¹⁰⁶¹and regulation 3 of the Costs in Criminal Cases (General) Regulations 1986¹⁰⁶²; and

OTHER COSTS ORDERS

Costs against a legal representative

45.9

(1) This rule applies where—

(a) a party has incurred costs—

(i) as a result of an improper, unreasonable or negligent act or omission by a legal or other representative or representative’s employee, or

(ii) which it has become unreasonable for that party to have to pay because of such an act or omission occurring after those costs were incurred; and

(b) the court can—

(i) order the representative responsible to pay such costs, or

(ii) prohibit the payment of costs to that representative.

(2) In this rule, costs include costs met by legal aid.

(3) The court may make an order—

(a) on application by the party who incurred such costs; or

(b) on its own initiative.

(4) A party who wants the court to make an order must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so, and in any event no later than the end of the case;

(b) serve the application on—

(i) the court officer (or, in the Court of Appeal, the Registrar),

(ii) the representative responsible,

(iii) each other party, and

(iv) any other person directly affected; and

(i) the representative responsible,

(ii) the relevant act or omission,

(iii) the reasons why that act or omission meets the criteria for making an order,

(iv) the amount claimed, and

(v) those on whom the application has been served.

(5) Where the court considers making an order on its own initiative, it must—

(a) identify the representative against whom it proposes making that order; and

(b) specify—

(i) the relevant act or omission,

(ii) the reasons why that act or omission meets the criteria for making an order, and

(iii) with the assistance of the party who incurred the costs, the amount involved.

(6) A representative who wants to oppose an order must—

(a) make representations as soon as practicable; and

(b) in reply to an application, serve representations on the applicant and on the court officer (or Registrar) not more than 5 business days after it was served.

(7) If the court makes an order—

(a) the general rule is that it must do so without waiting until the end of the case, but it may postpone making the order; and

(b) it must assess the amount itself.

(8) To help assess the amount, the court may direct an enquiry by—

(a) the Lord Chancellor, where the assessment is by a magistrates’ court or by the Crown Court; or

(b) the Registrar, where the assessment is by the Court of Appeal.

(9) In deciding whether to direct such an enquiry, the court must have regard to all the circumstances including—

(a) any agreement between the parties about the amount to be paid;

(b) the amount likely to be allowed;

(d) the particular complexity of the assessment, or the difficulty or novelty of any aspect of the assessment.

(10) If the court directs such an enquiry—

(a) paragraphs (3) to (8) inclusive of rule 45.11 (Assessment and re-assessment) apply as if that enquiry were an assessment under that rule (but rules 45.12 (Appeal to a costs judge) and 45.13 (Appeal to a High Court judge) do not apply);

(b) the authority that carries out the enquiry must serve its conclusions on the court officer as soon as reasonably practicable after following that procedure; and

(11) Instead of making an order, the court may make adverse observations about the representative’s conduct for use in an assessment where—

(a) a party’s costs are—

(i) to be met by legal aid, or

(ii) to be paid out of central funds; or

(b) there is to be an assessment under rule 45.11.

[Note. See—

(a) rule 45.2;

(b) section 19A of the Prosecution of Offences Act 1985¹⁰⁶⁴;

Costs against a third party

45.10

(1) This rule applies where—

(a) there has been serious misconduct by a person who is not a party; and

(b) the court can order that person to pay a party’s costs.

(2) In this rule, costs include costs met by legal aid.

(3) The court may make an order—

(a) on application by the party who incurred the costs; or

(b) on its own initiative.

(4) A party who wants the court to make an order must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on—

(i) the court officer (or, in the Court of Appeal, the Registrar),

(ii) the person responsible,

(iii) each other party, and

(iv) any other person directly affected; and

(i) the person responsible,

(ii) the relevant misconduct,

(iii) the reasons why the criteria for making an order are met,

(iv) the amount claimed, and

(v) those on whom the application has been served.

(5) Where the court considers making an order on its own initiative, it must—

(a) identify the person against whom it proposes making that order; and

(b) specify—

(i) the relevant misconduct,

(ii) the reasons why the criteria for making an order are met, and

(iii) with the assistance of the party who incurred the costs, the amount involved.

(6) A person who wants to oppose an order must—

(a) make representations as soon as practicable; and

(b) in reply to an application, serve representations on the applicant and on the court officer (or Registrar) not more than 5 business days after it was served.

(7) If the court makes an order—

(a) the general rule is that it must do so at the end of the case, but it may do so earlier; and

(b) it must assess the amount itself.

(8) To help assess the amount, the court may direct an enquiry by—

(a) the Lord Chancellor, where the assessment is by a magistrates’ court or by the Crown Court; or

(b) the Registrar, where the assessment is by the Court of Appeal.

(9) In deciding whether to direct such an enquiry, the court must have regard to all the circumstances including—

(a) any agreement between the parties about the amount to be paid;

(b) the amount likely to be allowed;

(d) the particular complexity of the assessment, or the difficulty or novelty of any aspect of the assessment.

(10) If the court directs such an enquiry—

(a) paragraphs (3) to (8) inclusive of rule 45.11 (Assessment and re-assessment) apply as if that enquiry were an assessment under that rule (but rules 45.12 (Appeal to a costs judge) and 45.13 (Appeal to a High Court judge) do not apply);

(b) the authority that carries out the enquiry must serve its conclusions on the court officer as soon as reasonably practicable after following that procedure; and

[Note. See—

(a) rule 45.2;

(b) section 19B of the Prosecution of Offences Act 1985 and regulation 3F of the Costs in Criminal Cases (General) Regulations 1986; and

ASSESSMENT OF COSTS

Assessment and re-assessment

45.11

(1) This rule applies where the court directs an assessment under—

(a) rule 45.6 (Costs on appeal); or

(b) rule 45.7 (Costs on an application).

(2) The assessment must be carried out by the relevant assessing authority, namely—

(a) the Lord Chancellor, where the direction was given by a magistrates’ court or by the Crown Court; or

(b) the Registrar, where the direction was given by the Court of Appeal.

(3) The party in whose favour the court made the costs order (‘the applicant’) must—

(a) apply for an assessment—

(i) in writing, in any form required by the assessing authority, and

(ii) not more than 3 months after the costs order; and

(b) serve the application on—

(i) the assessing authority, and

(ii) the party against whom the court made the costs order (‘the respondent’).

(4) The applicant must—

(a) summarise the work done;

(b) specify—

(i) each item of work done, giving the date, time taken and amount claimed,

(ii) any disbursements or expenses, including the fees of any advocate, and

(iii) any circumstances of which the applicant wants the assessing authority to take particular account; and

(i) receipts or other evidence of the amount claimed, and

(ii) any other information or document for which the assessing authority asks, within such period as that authority may require.

(5) A respondent who wants to make representations about the amount claimed must—

(a) do so in writing; and

(b) serve the representations on the assessing authority, and on the applicant, not more than 15 business days after service of the application.

(6) The assessing authority must—

(a) if it seems likely to help with the assessment, obtain any other information or document;

(b) resolve in favour of the respondent any doubt about what should be allowed; and

(7) Where either party wants the amount allowed to be re-assessed—

(a) that party must—

(i) apply to the assessing authority, in writing and in any form required by that authority,

(ii) serve the application on the assessing authority, and on the other party, not more than 15 business days after service of the assessment,

(iii) explain the objections to the assessment,

(iv) supply any additional supporting information or document, and

(v) ask for a hearing, if that party wants one;

(b) a party who wants to make representations about an application for re-assessment must—

(i) do so in writing,

(ii) serve the representations on the assessing authority, and on the other party, not more than 15 business days after service of the application, and

(iii) ask for a hearing, if that party wants one; and

(i) must arrange a hearing, in public or in private, if either party asks for one,

(ii) subject to that, may re-assess the amount allowed with or without a hearing,

(iii) must re-assess the amount allowed on the initial assessment, taking into account the reasons for disagreement with that amount and any other representations,

(iv) may maintain, increase or decrease the amount allowed on the assessment,

(v) must serve the re-assessment on the parties, and

(vi) must serve reasons on the parties, if not more than 15 business days later either party asks for such reasons.

(8) A time limit under this rule may be extended even after it has expired—

(a) by the assessing authority, or

(b) by the Senior Costs Judge, if the assessing authority declines to do so.

Appeal to a costs judge

45.12

(1) This rule applies where—

(a) the assessing authority has re-assessed the amount allowed under rule 45.11; and

(b) either party wants to appeal against that amount.

(2) That party must—

(a) serve an appeal notice on—

(i) the Senior Costs Judge,

(ii) the other party, and

(iii) the assessing authority

not more than 15 business days after service of the written reasons for the re-assessment;

(b) explain the objections to the re-assessment;

(i) the applications for assessment and re-assessment,

(ii) any other information or document considered by the assessing authority,

(iii) the assessing authority’s written reasons for the re-assessment, and

(iv) any other information or document for which a costs judge asks, within such period as the judge may require; and

(d) ask for a hearing, if that party wants one.

(3) A party who wants to make representations about an appeal must—

(a) serve representations in writing on—

(i) the Senior Costs Judge, and

(ii) the applicant

not more than 15 business days after service of the appeal notice; and

(b) ask for a hearing, if that party wants one.

(4) Unless a costs judge otherwise directs, the parties may rely only on—

(a) the objections to the amount allowed on the initial assessment; and

(b) any other representations and material considered by the assessing authority.

(5) A costs judge—

(a) must arrange a hearing, in public or in private, if either party asks for one;

(b) subject to that, may determine an appeal with or without a hearing;

(i) consult the assessing authority,

(ii) consult the court which made the costs order, and

(iii) obtain any other information or document;

(d) must reconsider the amount allowed by the assessing authority, taking into account the objections to the re-assessment and any other representations;

(e) may maintain, increase or decrease the amount allowed on the re-assessment;

(f) may provide for the costs incurred by either party to the appeal; and

(g) must serve reasons for the decision on—

(i) the parties, and

(ii) the assessing authority.

(6) A costs judge may extend a time limit under this rule, even after it has expired.

Appeal to a High Court judge

45.13

(1) This rule applies where—

(a) a costs judge has determined an appeal under rule 45.12; and

(b) either party wants to appeal against the amount allowed.

(2) A party who wants to appeal—

(a) may do so only if a costs judge certifies that a point of principle of general importance was involved in the decision on the review; and

(b) must apply in writing for such a certificate and serve the application on—

(i) the costs judge, and

(ii) the other party

not more than 15 business days after service of the decision on the review.

(3) That party must—

(a) appeal to a judge of the High Court attached to the King’s Bench Division as if it were an appeal from the decision of a master under Part 52 of the Civil Procedure Rules 1998¹⁰⁶⁶; and

(b) serve the appeal not more than 15 business days after service of the costs judge’s certificate under paragraph (2).

(4) A High Court judge—

(a) may extend a time limit under this rule even after it has expired;

(b) has the same powers and duties as a costs judge under rule 45.12; and

[Note. See also section 70 of the Senior Courts Act 1981¹⁰⁶⁷.]

Application for an extension of time

45.14

A party who wants an extension of time under rule 45.11, 45.12 or 45.13 must—

(a) apply in writing;

(b) explain the delay; and

PART 46 — REPRESENTATIVES

Contents of this Part

Functions of representatives and supporters	rule 46.1
Notice of appointment, etc. of legal representative: general rules	rule 46.2
Application to change legal representative (legal aid): general rules	rule 46.3
Application by defendant to change legal representative (legal aid)	rule 46.4
Application by legal representative to withdraw (legal aid)	rule 46.5

Functions of representatives and supporters

46.1

(1) Under these Rules, anything that a party may or must do may be done—

(a) by a legal representative on that party’s behalf;

(b) by a person with the corporation’s written authority, where that corporation is a defendant; or

(i) who is under 18, or

(ii) whose understanding of what the case involves is limited

unless other legislation (including a rule) otherwise requires.

(2) A member, officer or employee of a prosecutor may, on the prosecutor’s behalf—

(a) serve on the magistrates’ court officer, or present to a magistrates’ court, an application for a summons or warrant under section 1 of the Magistrates’ Courts Act 1980¹⁰⁶⁸; or

(b) issue a written charge and requisition, or single justice procedure notice, under section 29 of the Criminal Justice Act 2003¹⁰⁶⁹.

[Note. See also section 122 of the Magistrates’ Courts Act 1980¹⁰⁷⁰. A party’s legal representative must be entitled to act as such under section 13 of the Legal Services Act 2007¹⁰⁷¹.

Notice of appointment, etc. of legal representative: general rules

46.2

(1) This rule applies—

(a) in relation to—

(i) a party who does not have legal aid for the purposes of a case, and

(ii) a party to an extradition case in the High Court, whether that party has legal aid or not;

(b) where such a party—

(i) appoints a legal representative for the purposes of the case, or

(ii) dismisses such a representative, with or without appointing another; and

(2) Where paragraph (1)(b) applies, that party must give notice of the appointment or dismissal to—

(a) the court officer;

(b) each other party; and

as soon as practicable and in any event within 5 business days.

(3) Where paragraph (1)(c) applies, that legal representative must—

(a) as soon as practicable give notice to—

(i) the court officer,

(ii) the party whom he or she has represented, and

(iii) each other party; and

(b) where that legal representative has represented the defendant in an extradition case in the High Court, include with the notice—

(i) confirmation that the defendant has notice of when and where the appeal hearing will take place and of the need to attend, if the defendant is on bail,

(ii) details sufficient to locate the defendant, including details of the custodian and of the defendant’s date of birth and custody reference, if the defendant is in custody, and

(iii) details of any arrangements likely to be required by the defendant to facilitate his or her participation in consequence of the representative’s withdrawal, including arrangements for interpretation.

(4) Any such notice—

(a) may be given orally if—

(i) it is given at a hearing, and

(ii) it specifies no restriction under paragraph (5)(b) (restricted scope of appointment); but

(b) must be in writing in any other case.

(5) A notice of the appointment of a legal representative—

(a) must identify—

(i) the legal representative who has been appointed, with details of how to contact that representative, and

(ii) all those to whom the notice is given;

(b) may specify a restriction, or restrictions, on the purpose or duration of the appointment; and

(c) if it specifies any such restriction, may nonetheless provide that documents may continue to be served on the represented party at the representative’s address until—

(i) further notice is given under this rule, or

(ii) that party obtains legal aid for the purposes of the case.

(6) A legal representative who is dismissed by a party or who withdraws from representing a party must, as soon as practicable, make available to that party such documents in the representative’s possession as have been served on that party.

Application to change legal representative (legal aid): general rules

46.3

(1) This rule applies in a magistrates’ court, the Crown Court and the Court of Appeal—

(a) in relation to a defendant who has legal aid for the purposes of a case; and

(b) where either—

(i) that defendant wants to select a legal representative (the ‘proposed new representative’) in place of the representative named in the legal aid representation order (the ‘current representative’) (see also rule 46.4), or

(ii) the current representative considers there to be a duty to withdraw from the case or no longer is able to represent the defendant through circumstances outside the representative’s control (see also rule 46.5).

(2) The defendant or the current representative, as the case may be, must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on—

(i) the court officer,

(ii) the current representative, if the application is made by the defendant, and

(iii) the defendant, if the application is made by the current representative; and

(3) The court may determine the application—

(a) without a hearing, as a general rule; or

(b) at a hearing, if that is needed to resolve—

(i) matters in dispute, or

(ii) other matters unclear to the court.

(4) Unless the court otherwise directs, any hearing must be in private and in the absence of—

(a) the prosecutor,

(b) any co-defendant, and

(5) If the court allows the application, as soon as practicable—

(a) the current representative must make available to any new representative such documents in the current representative’s possession as have been served on the defendant; and

(b) a new representative, if any, must serve notice of appointment on each other party.

(6) Paragraph (7) applies where—

(a) the court refuses an application under rule 46.4 and in response—

(i) the defendant declines further representation by the current representative or asks for legal aid to be withdrawn, or

(ii) the current representative declines further to represent the defendant; or

(b) the court allows an application under rule 46.5.

(7) If the court withdraws the defendant’s legal aid—

(a) the court may specify the date on which that withdrawal will take effect; and

(b) the court officer must serve notice of the withdrawal on—

(i) the defendant,

(ii) the current representative, and

(iii) the prosecutor.

[Note. Under sections 16 and 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012¹⁰⁷⁷and Part 2 of the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013¹⁰⁷⁸, a court before which criminal proceedings take place may determine whether an individual qualifies for legal aid representation in accordance with the 2012 Act.

Application by defendant to change legal representative (legal aid)

46.4

(1) An application by a defendant with legal aid to select a new representative in place of the current representative must—

(a) explain what the case is about, including what offences are alleged, what stage it has reached and what is likely to be in issue at trial;

(b) explain how and why the defendant chose the current representative;

(c) if an advocate other than the current representative has been instructed for the defendant, explain whether the defendant wishes to replace that advocate;

(d) explain, giving relevant facts and dates—

(i) in what way, in the defendant’s opinion, there has been a breakdown in the relationship between the defendant and the current representative such that neither that representative nor any colleague of theirs any longer can provide effective representation, or

(ii) what other compelling reason, in the defendant’s opinion, means that neither the current representative nor any such colleague any longer can provide effective representation;

(e) give details of any previous application by the defendant to replace a legal representative named in the legal aid representation order;

(f) state whether the defendant—

(i) waives the legal professional privilege attaching to the defendant’s communications with the current representative, to the extent required to allow that representative to respond to the matters set out in the application, or

(ii) declines to waive that privilege and acknowledges that the court may draw such inferences as it thinks fit in consequence;

(g) explain how and why the defendant has chosen the proposed new representative;

(h) include or attach a statement by the proposed new representative which—

(i) confirms that the proposed new representative is eligible and willing to conduct the case for the defendant,

(ii) confirms that the proposed new representative can and will meet the current timetable for the case, including any hearing date or dates that have been set, if the application succeeds,

(iii) explains what, if any, dealings the proposed new representative has had with the defendant before the present case,

(iv) confirms that the proposed new representative has informed the current representative of the defendant’s wish to select a new representative,

(v) confirms that the proposed new representative has discussed the defendant’s grounds for the proposed application with the current representative, and

(vi) confirms that the proposed new representative has explained to the defendant what it means to waive the legal professional privilege attaching to the defendant’s communications with the current representative and the potential consequences of not doing so; and

(i) ask for a hearing, if the defendant wants one, and explain why it is needed.

(2) The current representative must—

(a) respond in writing no more than 5 business days after service of the application; and

(b) serve the response on—

(i) the court officer,

(ii) the defendant, and

(iii) the proposed new representative.

(3) The response must—

(a) if applicable, explain why the current representative—

(i) considers there to be a duty to withdraw from the case in accordance with professional rules of conduct, giving details of the nature of that duty, or

(ii) no longer is able to represent the defendant through circumstances outside the representative’s control, giving details of the particular circumstances that render the representative unable to do so; or

(b) otherwise—

(i) identify those matters, if any, set out in the application with which the current representative disagrees, and

(ii) include any comments that the current representative thinks may assist the court.

Application by legal representative to withdraw (legal aid)

46.5

An application by a current representative to withdraw from the case must—

(a) explain what the case is about, including what offences are alleged, what stage it has reached and what is likely to be in issue at trial; and

(b) explain why the current representative—

(i) considers there to be a duty to withdraw from the case in accordance with professional rules of conduct, giving details of the nature of that duty, or

(ii) no longer is able to represent the defendant through circumstances outside the representative’s control, giving details of the particular circumstances that render the representative unable to do so.

PART 47 — INVESTIGATION ORDERS AND WARRANTS

Contents of this Part

Section 1: general rules
When this Part applies	rule 47.1
Meaning of ‘court’, ‘applicant’ and ‘respondent’	rule 47.2
Documents and recordings held by the court officer	rule 47.3

Section 2: investigation orders
When this Section applies	rule 47.4
Exercise of court’s powers	rule 47.5
Application for order: general rules	rule 47.6
Application containing information withheld from a respondent or other person	rule 47.7
Application to vary or discharge an order	rule 47.8
Application to punish for contempt of court	rule 47.9

Orders under the Police and Criminal Evidence Act 1984
Application for a production order
under the Police and Criminal Evidence Act 1984	rule 47.10

Orders under the Terrorism Act 2000 and the National Security Act 2023
Application for an order under the Terrorism Act 2000
or the National Security Act 2023	rule 47.11
Content of application for a production etc. order under the Terrorism Act 2000
or the National Security Act 2023	rule 47.12
Content of application for a disclosure order or information order
under the Terrorism Act 2000 or the National Security Act 2023	rule 47.13
Content of application for an explanation order under the Terrorism Act 2000
or the National Security Act 2023	rule 47.14
Content of application for a customer information order
under the Terrorism Act 2000 or the National Security Act 2023	rule 47.15
Content of application for an account monitoring order
under the Terrorism Act 2000 or the National Security Act 2023	rule 47.16

Orders under the Proceeds of Crime Act 2002
Application for an order under the Proceeds of Crime Act 2002	rule 47.17
Content of application for a production order under the Proceeds of Crime Act 2002	rule 47.18
Content of application for an order to grant entry
under the Proceeds of Crime Act 2002	rule 47.19
Content of application for a disclosure order or information order
under the Proceeds of Crime Act 2002	rule 47.20
Content of application for a customer information order
under the Proceeds of Crime Act 2002	rule 47.21
Content of application for an account monitoring order
under the Proceeds of Crime Act 2002	rule 47.22

Orders under the Extradition Act 2003
Application for a production order under the Extradition Act 2003	rule 47.23

Section 3: investigation warrants
When this Section applies	rule 47.24
Exercise of court’s powers	rule 47.25
Application for warrant: general rules	rule 47.26
Information to be included in a search warrant	rule 47.27
Application for warrant under section 8
of the Police and Criminal Evidence Act 1984	rule 47.28
Application for warrant under section 2 of the Criminal Justice Act 1987	rule 47.29
Application for warrant under paragraph 12 of Schedule 1
to the Police and Criminal Evidence Act 1984	rule 47.30
Application for warrant under Schedule 5 to the Terrorism Act 2000
or Schedule 2 to the National Security Act 2023	rule 47.31
Application for warrant under section 352 of the Proceeds of Crime Act 2002	rule 47.32
Application for warrant under section 160 of the Extradition Act 2003	rule 47.33
Application for warrant under any other power	rule 47.34

Section 4: orders for the retention or return of property
When this Section applies	rule 47.35
Exercise of court’s powers	rule 47.36
Application for an order under section 1 of the Police (Property) Act 1897	rule 47.37
Application for an order under section 59
of the Criminal Justice and Police Act 2001	rule 47.38
Application containing information withheld from another party	rule 47.39
Representations in response	rule 47.40
Application to punish for contempt of court	rule 47.41

Section 5: orders for the retention of fingerprints, etc.
When this Section applies	rule 47.42
Exercise of court’s powers	rule 47.43
Application to extend retention period	rule 47.44
Appeal	rule 47.45

Section 6: investigation anonymity orders
under the Coroners and Justice Act 2009
When this Section applies	rule 47.46
Exercise of court’s powers	rule 47.47
Application for an investigation anonymity order	rule 47.48
Application to discharge an investigation anonymity order	rule 47.49
Appeal	rule 47.50

Section 7: investigation approval orders
under the Regulation of Investigatory Powers Act 2000
When this Section applies	rule 47.51
Exercise of court’s powers	rule 47.52
Application for approval for authorisation or notice	rule 47.53

Section 8: orders for access to documents, etc.
under the Criminal Appeal Act 1995
When this Section applies	rule 47.54
Exercise of court’s powers	rule 47.55
Application for an order	rule 47.56
Application containing information withheld from a respondent or other person	rule 47.57
Application to punish for contempt of court	rule 47.58

Section 9: orders for the extension of a moratorium period
under the Proceeds of Crime Act 2002
When this Section applies	rule 47.59
Exercise of court’s powers	rule 47.60
Application for extension of moratorium period	rule 47.61
Application containing information withheld from a respondent	rule 47.62

Section 10: orders for access to electronic data
under the Crime (Overseas Production Orders) Act 2019
When this Section applies	rule 47.63
Exercise of court’s powers	rule 47.64
Application for order	rule 47.65
Application to vary or revoke an order	rule 47.66
Application containing information withheld from a respondent or other person	rule 47.67
Application to punish for contempt of court	rule 47.68
Contents of this Part
---	---

Section 1: general rules
When this Part applies	rule 47.1
Meaning of ‘court’, ‘applicant’ and ‘respondent’	rule 47.2
Documents and recordings held by the court officer	rule 47.3

Section 2: investigation orders
When this Section applies	rule 47.4
Exercise of court’s powers	rule 47.5
Application for order: general rules	rule 47.6
Application containing information withheld from a respondent or other person	rule 47.7
Application to vary or discharge an order	rule 47.8
Application to punish for contempt of court	rule 47.9

Orders under the Police and Criminal Evidence Act 1984
Application for a production order
under the Police and Criminal Evidence Act 1984	rule 47.10

Orders under the Terrorism Act 2000 and the National Security Act 2023
Application for an order under the Terrorism Act 2000
or the National Security Act 2023	rule 47.11
Content of application for a production etc. order under the Terrorism Act 2000
or the National Security Act 2023	rule 47.12
Content of application for a disclosure order or information order
under the Terrorism Act 2000 or the National Security Act 2023	rule 47.13
Content of application for an explanation order under the Terrorism Act 2000
or the National Security Act 2023	rule 47.14
Content of application for a customer information order
under the Terrorism Act 2000 or the National Security Act 2023	rule 47.15
Content of application for an account monitoring order
under the Terrorism Act 2000 or the National Security Act 2023	rule 47.16

Orders under the Proceeds of Crime Act 2002
Application for an order under the Proceeds of Crime Act 2002	rule 47.17
Content of application for a production order under the Proceeds of Crime Act 2002	rule 47.18
Content of application for an order to grant entry
under the Proceeds of Crime Act 2002	rule 47.19
Content of application for a disclosure order or information order
under the Proceeds of Crime Act 2002	rule 47.20
Content of application for a customer information order
under the Proceeds of Crime Act 2002	rule 47.21
Content of application for an account monitoring order
under the Proceeds of Crime Act 2002	rule 47.22

Orders under the Extradition Act 2003
Application for a production order under the Extradition Act 2003	rule 47.23

Section 3: investigation warrants
When this Section applies	rule 47.24
Exercise of court’s powers	rule 47.25
Application for warrant: general rules	rule 47.26
Information to be included in a search warrant	rule 47.27
Application for warrant under section 8
of the Police and Criminal Evidence Act 1984	rule 47.28
Application for warrant under section 2 of the Criminal Justice Act 1987	rule 47.29
Application for warrant under paragraph 12 of Schedule 1
to the Police and Criminal Evidence Act 1984	rule 47.30
Application for warrant under Schedule 5 to the Terrorism Act 2000
or Schedule 2 to the National Security Act 2023	rule 47.31
Application for warrant under section 352 of the Proceeds of Crime Act 2002	rule 47.32
Application for warrant under section 160 of the Extradition Act 2003	rule 47.33
Application for warrant under any other power	rule 47.34

Section 4: orders for the retention or return of property
When this Section applies	rule 47.35
Exercise of court’s powers	rule 47.36
Application for an order under section 1 of the Police (Property) Act 1897	rule 47.37
Application for an order under section 59
of the Criminal Justice and Police Act 2001	rule 47.38
Application containing information withheld from another party	rule 47.39
Representations in response	rule 47.40
Application to punish for contempt of court	rule 47.41

Section 5: orders for the retention of fingerprints, etc.
When this Section applies	rule 47.42
Exercise of court’s powers	rule 47.43
Application to extend retention period	rule 47.44
Appeal	rule 47.45

Section 6: investigation anonymity orders
under the Coroners and Justice Act 2009
When this Section applies	rule 47.46
Exercise of court’s powers	rule 47.47
Application for an investigation anonymity order	rule 47.48
Application to discharge an investigation anonymity order	rule 47.49
Appeal	rule 47.50

Section 7: investigation approval orders
under the Regulation of Investigatory Powers Act 2000
When this Section applies	rule 47.51
Exercise of court’s powers	rule 47.52
Application for approval for authorisation ...	rule 47.53

Section 8: orders for access to documents, etc.
under the Criminal Appeal Act 1995
When this Section applies	rule 47.54
Exercise of court’s powers	rule 47.55
Application for an order	rule 47.56
Application containing information withheld from a respondent or other person	rule 47.57
Application to punish for contempt of court	rule 47.58

Section 9: orders for the extension of a moratorium period
under the Proceeds of Crime Act 2002
When this Section applies	rule 47.59
Exercise of court’s powers	rule 47.60
Application for extension of moratorium period	rule 47.61
Application containing information withheld from a respondent	rule 47.62

Section 10: orders for access to electronic data
under the Crime (Overseas Production Orders) Act 2019
When this Section applies	rule 47.63
Exercise of court’s powers	rule 47.64
Application for order	rule 47.65
Application to vary or revoke an order	rule 47.66
Application containing information withheld from a respondent or other person	rule 47.67
Application to punish for contempt of court	rule 47.68

When this Part applies

47.1

This Part applies to the exercise of the powers listed in each of rules 47.4, 47.24, 47.35, 47.42, 47.46, 47.51, 47.54, 47.59 and 47.63.

Meaning of ‘court’, ‘applicant’ and ‘respondent’

47.2

In this Part—

(a) a reference to the ‘court’ includes a reference to any justice of the peace or judge who can exercise a power to which this Part applies;

(b) ‘applicant’ means a person who, or an authority which, can apply for an order or warrant to which this Part applies; and

(i) against whom such an order is sought or made, or

(ii) on whom an application for such an order is served.

Documents and recordings held by the court officer

47.3

(1) Unless the court otherwise directs—

(a) the court officer—

(i) must either keep a written application, and a recording of any hearing of an application, or arrange for the whole or any part to be kept by some other appropriate person, including the applicant, subject to any conditions that the court may impose, and

(ii) must arrange for any separate document to which rule 47.26(4) refers (information that the applicant thinks should be kept confidential) to be retained by the applicant, subject to any such conditions; and

(b) a person who, under such arrangements, keeps an application or recording, or retains such a document, must return it to the court if and when the court officer so requires.

(2) Where the court makes an order when the court office is closed, the applicant must, not more than 72 hours later, serve on the court officer—

(a) a copy of the order; and

(b) any written material that was submitted to the court.

(3) Where the court issues a warrant—

(a) the applicant must return it to the court officer as soon as practicable after it has been executed, and in any event not more than 3 months after it was issued (unless other legislation otherwise provides); and

(b) the court officer must—

(i) keep the warrant for 12 months after its return, and

(ii) during that period, make it available for inspection by the occupier of the premises to which it relates, if that occupier asks to inspect it.

[Note. See section 16(10) of the Police and Criminal Evidence Act 1984¹⁰⁷⁹.]

SECTION 2: INVESTIGATION ORDERS

When this Section applies

47.4

This Section applies where—

(a) a Circuit judge can make, vary or discharge an order for the production of, or for giving access to, material under paragraph 4 of Schedule 1 to the Police and Criminal Evidence Act 1984¹⁰⁸⁰, other than material that consists of or includes journalistic material;

(b) for the purposes of a terrorist investigation, a Circuit judge can make, vary or discharge—

(i) an order for the production of, or for giving access to, material, or for a statement of its location, under paragraphs 5 and 10 of Schedule 5 to the Terrorism Act 2000¹⁰⁸¹,

(ii) an explanation order, under paragraphs 10 and 13 of Schedule 5 to the 2000 Act¹⁰⁸², or

(iii) a customer information order, under paragraphs 1 and 4 of Schedule 6 to the 2000 Act¹⁰⁸³;

(i) a terrorist investigation, a Circuit judge can make, and the Crown Court can vary or discharge, an account monitoring order, under paragraphs 2 and 4 of Schedule 6A to the 2000 Act¹⁰⁸⁴, or

(ii) a terrorist financing investigation, a judge entitled to exercise the jurisdiction of the Crown Court can make, and the Crown Court can vary or discharge, a disclosure order, under paragraphs 9 and 14 of Schedule 5A to the 2000 Act¹⁰⁸⁵;

(d) for the purposes of an investigation to which Part 8 of the Proceeds of Crime Act 2002¹⁰⁸⁶ or the Proceeds of Crime Act 2002 (External Investigations) Order 2014¹⁰⁸⁷ applies, a Crown Court judge can make, and the Crown Court can vary or discharge—

(i) a production order, under sections 345 and 351 of the 2002 Act¹⁰⁸⁸ or under articles 6 and 12 of the 2014 Order,

(ii) an order to grant entry, under sections 347 and 351 of the 2002 Act or under articles 8 and 12 of the 2014 Order,

(iii) a disclosure order, under sections 357 and 362 of the 2002 Act¹⁰⁸⁹ or under articles 16 and 21 of the 2014 Order,

(iv) a customer information order, under sections 363 and 369 of the 2002 Act¹⁰⁹⁰ or under articles 22 and 28 of the 2014 Order, or

(v) an account monitoring order, under sections 370, 373 and 375 of the 2002 Act¹⁰⁹¹ or under articles 29, 32 and 34 of the 2014 Order;

(e) in connection with an extradition request, a Circuit judge can make an order for the production of, or for giving access to, material under section 157 of the Extradition Act 2003¹⁰⁹²;

(f) a magistrates’ court can make an information order under section 22B of the Terrorism Act 2000¹⁰⁹³ in connection with—

(i) an investigation into whether a person is involved in the commission of an offence under any of sections 15 to 18 of the 2000 Act¹⁰⁹⁴,

(ii) determining whether such an investigation should be started, or

(iii) identifying terrorist property or its movement or use;

(g) a magistrates’ court can make an information order under section 339ZH of the Proceeds of Crime Act 2002¹⁰⁹⁵ in connection with—

(i) an investigation into whether a person is engaged in money laundering,

(ii) determining whether such an investigation should be started, or

(iii) an investigation into money laundering by an authority in a country outside the United Kingdom;

(h) for the purposes of an investigation to which Part 1 of the National Security Act 2023¹⁰⁹⁶ applies, a Crown Court judge can make—

(i) an order for the production of, or for giving access to, material, or for a statement of its location, under paragraphs 3 and 4 of Schedule 2 to the 2023 Act, or

(ii) an explanation order, under paragraph 10 of that Schedule; and

(i) for the purposes of an investigation to which Part 1 of the National Security Act 2023 applies, a Crown Court judge can make, and the Crown Court can vary or discharge—

(i) a disclosure order, under paragraphs 2 and 5 of Schedule 3 to the 2023 Act,

(ii) a customer information order, under paragraphs 1 and 4 of Schedule 4 to that Act, or

(iii) an account monitoring order, under paragraphs 1 and 3 of Schedule 5 to that Act.

[Note. In outline, the orders to which these rules apply are—

(a) under the Police and Criminal Evidence Act 1984, a production order requiring a person to produce or give access to material, other than material that consists of or includes journalistic material;

(b) for the purposes of a terrorist investigation under the Terrorism Act 2000—

(i) an order requiring a person to produce, give access to, or state the location of material,

(ii) an explanation order, requiring a person to explain material obtained under a production, etc. order or seized under a warrant,

(iii) a customer information order, requiring a financial institution to provide information about an account holder,

(iv) an account monitoring order, requiring a financial institution to provide specified information, for a specified period, about an account held at that institution;

(c) for the purposes of a terrorist financing investigation under the Terrorism Act 2000, a disclosure order, requiring a person to provide information or documents, or to answer questions;

(d) for the purposes of an investigation to which Part 8 of the Proceeds of Crime Act 2002 or the Proceeds of Crime Act 2002 (External Investigations) Order 2014 applies—

(i) a production order, requiring a person to produce or give access to material,

(ii) an order to grant entry, requiring a person to allow entry to premises so that a production order can be enforced,

(iii) a disclosure order, requiring a person to provide information or documents, or to answer questions,

(iv) a customer information order, requiring a financial institution to provide information about an account holder,

(v) an account monitoring order, requiring a financial institution to provide specified information, for a specified period, about an account held at that institution;

(e) in connection with extradition proceedings, a production order requiring a person to produce or give access to material;

(f) under the Terrorism Act 2000, an information order requiring a person to provide information (i) related to a matter arising from a disclosure under section 21A of that Act¹⁰⁹⁷(Failure to disclose: regulated sector) or under the law of a country outside the United Kingdom which corresponds with Part III of that Act (Terrorist property), or (ii) to assist in analysis by the National Crime Agency or by a financial intelligence unit outside the UK;

(g) under the Proceeds of Crime Act 2002, an information order requiring a person to provide information (i) related to a matter arising from a disclosure under Part 7 of that Act (Money laundering) or under the law of a country outside the United Kingdom which corresponds with that Part of that Act, or (ii) to assist in analysis by the National Crime Agency or by a financial intelligence unit outside the UK;

(h) for the purposes of an investigation under the National Security Act 2023—

(i) an order requiring a person to produce, give access to, or state the location of confidential material within the meaning of that Act,

(ii) an explanation order, requiring a person to explain material obtained under a production, etc. order or seized under a warrant,

(iii) a disclosure order, requiring a person to provide information or documents, or to answer questions,

(iv) a customer information order, requiring a financial institution to provide information about an account holder,

(v) an account monitoring order, requiring a financial institution to provide specified information, for a specified period, about an account held at that institution.

Exercise of court’s powers

47.5

(1) Subject to paragraphs (2), (3) and (4), the court may determine an application for an order, or to vary or discharge an order—

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

(b) in the absence of—

(i) the applicant,

(ii) any respondent,

(iii) any other person affected by the order.

(2) The court must not determine such an application in the applicant’s absence if—

(a) the applicant asks for a hearing; or

(b) it appears to the court that—

(i) the proposed order may infringe legal privilege, within the meaning of section 10 of the Police and Criminal Evidence Act 1984¹¹⁰⁵, section 348 or 361 of the Proceeds of Crime Act 2002¹¹⁰⁶ or article 9 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014¹¹⁰⁷, or paragraph 17(5) of Schedule 2 to the National Security Act 2023,

(ii) the proposed order may require the production of excluded material, within the meaning of section 11 of the 1984 Act, or

(iii) for any other reason the application is so complex or serious as to require the court to hear the applicant.

(3) The court must not determine such an application in the absence of any respondent or 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,

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

(iv) the absentee has waived the opportunity to attend.

(4) The court must not determine such an application in the absence of any respondent who, if the order sought by the applicant were made, would be required to produce or give access to journalistic material, unless that respondent has waived the opportunity to attend.

(5) The court officer must arrange for the court to hear such an application no sooner than 2business days after it was served, unless—

(a) the court directs that no hearing need be arranged; or

(b) the court gives other directions for the hearing.

(6) The court must not determine an application unless satisfied that sufficient time has been allowed for it.

(7) If the court so directs, the parties to an application may attend a hearing by live link.

(8) The court must not make, vary or discharge an order unless the applicant states, in writing or orally, that to the best of the applicant’s knowledge and belief—

(a) the application discloses all the information that is material to what the court must decide; and

(b) the content of the application is true.

(9) Where the statement required by paragraph (8) is made orally—

(a) the statement must be on oath or affirmation, unless the court otherwise directs; and

(b) the court must arrange for a record of the making of the statement.

(10) The court may—

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

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

(11) 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.

Application for order: general rules

47.6

(1) This rule applies to each application for an order to which this Section applies.

(2) The applicant must—

(a) apply in writing and serve the application on the court officer;

(b) demonstrate that the applicant is entitled to apply, for example as a constable or under legislation that applies to other officers;

(i) to read the application and prepare for any hearing, and

(ii) for any hearing of the application;

(d) attach a draft order in the terms proposed by the applicant;

(e) serve notice of the application on the respondent, if any, unless the court otherwise directs; and

(f) serve the application on any respondent to such extent, if any, as the court directs.

(3) A notice served on a respondent must—

(a) specify the material or information in respect of which the application is made; and

(b) identify—

(i) the power that the applicant invites the court to exercise, and

(ii) the conditions for the exercise of that power which the applicant asks the court to find are met.

(4) The applicant must serve any order made on a respondent.

Application containing information withheld from a respondent or other person

47.7

(1) This rule applies where an application includes information that the applicant thinks ought to be revealed only to the court.

(2) The application must—

(a) identify that information; and

(b) explain why that information ought not to be served on a respondent or other person.

(3) At a hearing of an application to which this rule applies—

(a) the general rule is that the court must consider, in the following sequence—

(i) representations first by the applicant and then by the respondent, if any, and any other person, in the presence of them all, and then

(ii) further representations by the applicant, in the others’ absence; but

(b) the court may direct other arrangements for the hearing.

Application to vary or discharge an order

47.8

(1) This rule applies where one of the following wants the court to vary or discharge an order to which a rule in this Section refers—

(a) an applicant;

(b) a respondent; or

(2) That applicant, respondent or person affected must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on—

(i) the court officer, and

(ii) the respondent, applicant, or any person known to be affected, as applicable;

(d) propose the terms of any variation; and

(e) ask for a hearing, if one is wanted, and explain why it is needed.

Application to punish for contempt of court

47.9

(1) This rule applies where a person is accused of disobeying—

(a) a production order made under paragraph 4 of Schedule 1 to the Police and Criminal Evidence Act 1984;

(b) a production etc. order made under paragraph 5 of Schedule 5 to the Terrorism Act 2000;

(d) an account monitoring order made under paragraph 2 of Schedule 6A to that Act;

(e) a production order made under section 345 of the Proceeds of Crime Act 2002 or article 6 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014;

(f) an account monitoring order made under section 370 of the 2002 Act or article 29 of the 2014 Order;

(g) a production order made under section 157 of the Extradition Act 2003;

(h) a production order made under paragraph 3 or 4 of Schedule 2 to the National Security Act 2023; or

(i) an account monitoring order made under paragraph 1 of Schedule 5 to the National Security Act 2023.

(2) An applicant who wants the court to exercise its power to punish that person for contempt of court must comply with the rules in Part 48 (Contempt of court).

[Note. The Crown Court has power to punish for contempt of court a person who disobeys its order. See paragraphs 10(1) and 13(5) of Schedule 5, and paragraph 6(1) of Schedule 6A, to the Terrorism Act 2000; sections 351(7) and 375(6) of the Proceeds of Crime Act 2002 and articles 12(6) and 34(5) of the Proceeds of Crime Act 2002 (External Investigations) Order 2014; paragraph 8 of Schedule 2 and paragraph 5 of Schedule 5 to the National Security Act 2023; and section 45 of the Senior Courts Act 1981¹¹⁰⁸.

ORDERS UNDER THE POLICE AND CRIMINAL EVIDENCE ACT 1984

Application for a production order under the Police and Criminal Evidence Act 1984

47.10

(1) This rule applies where an applicant wants the court to make an order to which rule 47.4(a) refers.

(2) As well as complying with rule 47.6 (Application for order: general rules), the application must, in every case—

(a) specify the offence under investigation (and see paragraph (3)(a));

(b) describe the material sought;

(d) specify the premises on which the material is believed to be, or explain why it is not reasonably practicable to do so;

(e) explain the grounds for believing that the material is on the premises specified, or (if applicable) on unspecified premises of the respondent;

(f) specify the set of access conditions on which the applicant relies (and see paragraphs (3) and (4)); and

(g) propose—

(i) the terms of the order, and

(ii) the period within which it should take effect.

(3) Where the applicant relies on paragraph 2 of Schedule 1 to the Police and Criminal Evidence Act 1984¹¹¹³ (‘the first set of access conditions’: general power to gain access to special procedure material), the application must—

(a) specify the indictable offence under investigation;

(b) explain the grounds for believing that the offence has been committed;

(i) is likely to be of substantial value to the investigation (whether by itself, or together with other material),

(ii) is likely to be admissible evidence at trial for the offence under investigation, and

(iii) does not consist of or include items subject to legal privilege or excluded material;

(d) explain what other methods of obtaining the material—

(i) have been tried without success, or

(ii) have not been tried because they appeared bound to fail; and

(e) explain why it is in the public interest for the respondent to produce the material, having regard to—

(i) the benefit likely to accrue to the investigation if the material is obtained, and

(ii) the circumstances under which the respondent holds the material.

(4) Where the applicant relies on paragraph 3 of Schedule 1 to the Police and Criminal Evidence Act 1984¹¹¹⁴ (‘the second set of access conditions’: use of search warrant power to gain access to excluded or special procedure material), the application must—

(a) state the legislation under which a search warrant could have been issued, had the material sought not been excluded or special procedure material (in this paragraph, described as ‘the main search power’);

(b) include or attach the terms of the main search power;

(c) explain how the circumstances would have satisfied any criteria prescribed by the main search power for the issue of a search warrant; and

(d) explain why the issue of such a search warrant would have been appropriate.

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