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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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(iii) the material contains information which is subject to a restriction on disclosure or an obligation of secrecy contained in an enactment and is likely to be disclosed in breach of the restriction or obligation if a warrant is not issued.

(6) In relation to any set of premises which the applicant wants to be searched by the officers executing the warrant with other persons authorised by the court, the application must—

(a) identify those other persons, by function or description; and

(b) explain why those persons are required.

[Note. Under section 160 of the Extradition Act 2003, where a person’s extradition is sought a constable may apply to a Circuit judge for a warrant authorising a search for special procedure material or excluded material on specified premises, on the conditions listed in that section.

Application for warrant under any other power

47.34

(1) This rule applies—

(a) where an applicant wants a court to issue a warrant or warrants under a power (in this rule, ‘the relevant search power’) to which rule 47.24(d) (other powers) refers; but

(b) subject to any inconsistent provision in legislation that applies to the relevant search power.

(2) As well as complying with rule 47.26, the application must—

(a) demonstrate the applicant’s entitlement to apply;

(b) identify the relevant search power (and see paragraph (3));

(c) so far as practicable, identify the articles or persons sought (see also paragraph (4)) and if such an article may be stored in an electronic device or devices—

(i) so far as practicable, describe each device or kind of device sought, and

(ii) explain the grounds for believing that the article may be stored there;

(d) specify the premises to be searched (and see paragraphs (5) and (6));

(e) state whether the applicant wants the premises to be searched on more than one occasion, if the relevant search power allows (and see paragraph (7)); and

(f) state whether the applicant wants other persons to accompany the officers executing the warrant or warrants, if the relevant search power allows (and see paragraph (8)).

(3) The application must—

(a) include or attach the terms of the relevant search power; and

(b) explain how the circumstances satisfy the criteria prescribed by that power for making the application.

(4) In relation to the articles or persons sought, the application must explain how they satisfy the criteria prescribed by the relevant search power about such articles or persons.

(5) In relation to premises which the applicant wants to be searched and can specify, the application must—

(a) specify each set of premises; and

(b) in respect of each, explain how the circumstances satisfy any criteria prescribed by the relevant search power—

(i) for asserting that the articles or persons sought are on those premises, and

(ii) for asserting that the court can exercise its power to authorise the search of those particular premises.

(6) In relation to premises which the applicant wants to be searched but at least some of which the applicant cannot specify, the application must—

(a) explain how the relevant search power allows the court to authorise such searching;

(b) specify the person who occupies or controls such premises;

(d) explain why—

(i) it is necessary to search more premises than those specified, and

(ii) it is not reasonably practicable to specify all the premises which the applicant wants to be searched;

(e) in respect of each set of premises, whether specified or not, explain how the circumstances satisfy any criteria prescribed by the relevant search power for asserting that the articles or persons sought are on those premises; and

(f) in respect of each specified set of premises, explain how the circumstances satisfy any criteria prescribed by the relevant search power for asserting that the court can exercise its power to authorise the search of those premises.

(7) In relation to any set of premises which the applicant wants to be searched on more than one occasion, the application must—

(a) explain how the relevant search power allows the court to authorise such searching;

(b) explain why the applicant wants the premises to be searched more than once; and

(8) In relation to any set of premises which the applicant wants to be searched by the officers executing the warrant with other persons authorised by the court, the application must—

(a) identify those other persons, by function or description; and

(b) explain why those persons are required.

[Note. See, among other provisions, sections 15 and 16 of the Police and Criminal Evidence Act 1984¹²⁰⁰, which apply to an application by a constable under any Act for a warrant authorising the search of specified premises, or the search of premises of a specified person, and to the execution of such a warrant. Unless other legislation otherwise provides, under section 16(3) of the 1984 Act entry and search under a warrant must be within 3 months from the date of its issue.]

SECTION 4: ORDERS FOR THE RETENTION OR RETURN OF PROPERTY

When this Section applies

47.35

(1) This Section applies where—

(a) under section 1 of the Police (Property) Act 1897¹²⁰¹, a magistrates’ court can—

(i) order the return to the owner of property which has come into the possession of the police or the National Crime Agency in connection with an investigation of a suspected offence, or

(ii) make such order with respect to such property as the court thinks just, where the owner cannot be ascertained; and

(b) a Crown Court judge can—

(i) order the return of seized property under section 59(4) of the Criminal Justice and Police Act 2001¹²⁰², or

(ii) order the examination, retention, separation or return of seized property under section 59(5) of the Act.

(2) In this Section, a reference to a person with ‘a relevant interest’ in seized property means someone from whom the property was seized, or someone with a proprietary interest in the property, or someone who had custody or control of it immediately before it was seized.

Exercise of court’s powers

47.36

(1) The court may determine an application for an order—

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

(b) in a party’s absence, if that party—

(i) applied for the order, or

(ii) has had at least 10 business days in which to make representations.

(2) The court officer must arrange for the court to hear such an application no sooner than 10business 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.

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

(4) 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

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

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

(b) explain the delay.

Application for an order under section 1 of the Police (Property) Act 1897

47.37

(1) This rule applies where an applicant wants the court to make an order to which rule 47.35(1)(a) refers.

(2) The applicant must apply in writing and serve the application on—

(a) the court officer; and

(b) as appropriate—

(i) the officer who has the property,

(ii) any person who appears to be its owner.

(3) The application must—

(a) explain the applicant’s interest in the property (either as a person who claims to be its owner or as an officer into whose possession the property has come);

(b) specify the direction that the applicant wants the court to make, and explain why; and

[Note. Under section 1 of the Police (Property) Act 1897, the owner of property which has come into the possession of the police or the National Crime Agency in connection with the investigation of a suspected offence can apply to a magistrates’ court for an order for its delivery to the claimant.]

Application for an order under section 59 of the Criminal Justice and Police Act 2001

47.38

(1) This rule applies where an applicant wants the court to make an order to which rule 47.35(1)(b) refers.

(2) The applicant must apply in writing and serve the application on—

(a) the court officer; and

(b) as appropriate—

(i) the person who for the time being has the seized property,

(ii) each person whom the applicant knows or believes to have a relevant interest in the property.

(3) In each case, the application must—

(a) explain the applicant’s interest in the property (either as a person with a relevant interest, or as possessor of the property in consequence of its seizure, as appropriate);

(b) explain the circumstances of the seizure of the property and identify the power that was exercised to seize it (or which the person seizing it purported to exercise, as appropriate); and

(4) On an application for an order for the return of property under section 59(4) of the Criminal Justice and Police Act 2001, the application must explain why any one or more of these applies—

(a) there was no power to make the seizure;

(b) the property seized is, or contains, an item subject to legal privilege which is not an item that can be retained lawfully in the circumstances listed in section 54(2) of the Act;

(c) the property seized is, or contains, excluded or special procedure material which is not material that can be retained lawfully in the circumstances listed in sections 55 and 56 of the Act¹²⁰³; or

(d) the property seized is, or contains, something taken from premises under section 50 of the Act, or from a person under section 51 of the Act, in the circumstances listed in those sections and which cannot lawfully be retained on the conditions listed in the Act.

(5) On an application for an order for the examination, retention, separation or return of property under section 59(5) of the 2001 Act, the application must—

(a) specify the direction that the applicant wants the court to make, and explain why;

(b) if applicable, specify each requirement of section 53(2) of the Act (examination and return of property) which is not being complied with; and

(c) if applicable, explain why the retention of the property by the person who now has it would be justified on the grounds that, even if it were returned, it would immediately become appropriate for that person to get it back under—

(i) a warrant for its seizure, or

(ii) a production order made under paragraph 4 of Schedule 1 to the Police and Criminal Evidence Act 1984¹²⁰⁴, section 20BA of the Taxes Management Act 1970¹²⁰⁵ or paragraph 5 of Schedule 5 to the Terrorism Act 2000¹²⁰⁶.

[Note. Under section 59 of the Criminal Justice and Police Act 2001, a person with a ‘relevant interest’ (see rule 47.35(2)) in seized property can apply in the circumstances listed in the Act to a Crown Court judge for an order for its return. A person who has the property in consequence of its seizure can apply for an order authorising its retention. Either can apply for an order relating to the examination of the property.]

Application containing information withheld from another party

47.39

(1) This rule applies where—

(a) an applicant serves an application to which rule 47.37 (Application for an order under section 1 of the Police (Property) Act 1897) or rule 47.38 (Application for an order under section 59 of the Criminal Justice and Police Act 2001) applies; and

(b) the application includes information that the applicant thinks ought not be revealed to another party.

(2) The applicant must—

(a) omit that information from the part of the application that is served on that other party;

(b) mark the other part to show that, unless the court otherwise directs, it is only for the court; and

(3) If the court so directs, any hearing of an application to which this rule applies may be, wholly or in part, in the absence of a party from whom information has been withheld.

(4) At any 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 each other party, in all the parties’ presence, and then

(ii) further representations by the applicant, in the absence of a party from whom information has been withheld; but

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

Representations in response

47.40

(1) This rule applies where a person wants to make representations about an application under rule 47.37 or rule 47.38.

(2) Such a person must—

(a) serve the representations on—

(i) the court officer, and

(ii) the applicant and any other party to the application;

(b) do so not more than 10 business days after service of the application; and

(3) Representations in opposition to an application must explain why the grounds on which the applicant relies are not met.

(4) Where representations include information that the person making them thinks ought not be revealed to another party, that person must—

(a) omit that information from the representations served on that other party;

(b) mark the information to show that, unless the court otherwise directs, it is only for the court; and

Application to punish for contempt of court

47.41

(1) This rule applies where a person is accused of disobeying an order under section 59 of the Criminal Justice and Police Act 2001.

(2) A person 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. A Crown Court judge has power to punish a person who disobeys an order under section 59 of the 2001 Act as if that were a contempt of the Crown Court: see section 59(9) of the Act.]

SECTION 5: ORDERS FOR THE RETENTION OF FINGERPRINTS, ETC.

When this Section applies

47.42

This Section applies where—

(a) a magistrates’ court consisting of a District Judge (Magistrates’ Court) can make an order under—

(i) section 63F(7) or 63R(6) of the Police and Criminal Evidence Act 1984¹²⁰⁷,

(ii) paragraph 20B(5) or 20G(6) of Schedule 8 to the Terrorism Act 2000¹²⁰⁸, or

(iii) paragraph 20(6) or 25(9) of Schedule 6 to the National Security Act 2023¹²⁰⁹; and

(b) the Crown Court can determine an appeal under—

(i) section 63F(10) of the Police and Criminal Evidence Act 1984,

(ii) paragraph 20B(8) of Schedule 8 to the Terrorism Act 2000, or

(iii) paragraph 20(9) of Schedule 6 to the National Security Act 2023.

[Note. Under the Police and Criminal Evidence Act 1984, under the Terrorism Act 2000 or under the National Security Act 2023, an order may be made extending the period during which fingerprints, DNA profiles or samples may be retained by the police.]

Exercise of court’s powers

47.43

(1) The court must determine an application under rule 47.44, and an appeal under rule 47.45—

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

(b) in the presence of the applicant or appellant.

(2) The court must not determine such an application or appeal unless any person served under those rules—

(a) is present; or

(b) has had an opportunity—

(i) to attend, or

(ii) to make representations.

Application to extend retention period

47.44

(1) This rule applies where a magistrates’ court can make an order extending the period for which there may be retained material consisting of—

(a) fingerprints taken from a person—

(i) under a power conferred by Part V of the Police and Criminal Evidence Act 1984¹²¹⁰,

(ii) with that person’s consent, in connection with the investigation of an offence by the police,

(iii) under a power conferred by Schedule 8 to the Terrorism Act 2000¹²¹¹ in relation to a person detained under section 41 of that Act, or

(iv) under a power conferred by Schedule 6 to the National Security Act 2023 in relation to a person detained under section 27 of that Act¹²¹²;

(b) a DNA profile derived from a DNA sample so taken; or

(2) A chief officer of police who wants the court to make such an order must—

(a) apply in writing—

(i) within the period of 3 months ending on the last day of the retention period, where the application relates to fingerprints or a DNA profile, or

(ii) before the expiry of the retention period, where the application relates to a sample;

(b) in the application—

(i) identify the material,

(ii) state when the retention period expires,

(iii) give details of any previous such application relating to the material, and

(iv) outline the circumstances in which the material was acquired;

(d) serve the application on the person from whom the material was taken, where—

(i) the application relates to fingerprints or a DNA profile, or

(ii) the application is for the renewal of an order extending the retention period for a sample.

(3) An application to extend the retention period for fingerprints or a DNA profile must explain why that period should be extended.

(4) An application to extend the retention period for a sample must explain why, having regard to the nature and complexity of other material that is evidence in relation to the offence, the sample is likely to be needed in any proceedings for the offence for the purposes of—

(a) disclosure to, or use by, a defendant; or

(b) responding to any challenge by a defendant in respect of the admissibility of material that is evidence on which the prosecution proposes to rely.

(5) On an application to extend the retention period for fingerprints or a DNA profile, the applicant must serve notice of the court’s decision on any respondent where—

(a) the court makes the order sought; and

(b) the respondent was absent when it was made.

[Note. See rule 47.42(a). The powers to which rule 47.44 applies may be exercised only by a District Judge (Magistrates’ Courts).

Appeal

47.45

(1) This rule applies where, under rule 47.44, a magistrates’ court determines an application relating to fingerprints or a DNA profile and—

(a) the person from whom the material was taken wants to appeal to the Crown Court against an order extending the retention period; or

(b) a chief officer of police wants to appeal to the Crown Court against a refusal to make such an order.

(2) The appellant must—

(a) serve an appeal notice—

(i) on the Crown Court officer and on the other party, and

(ii) not more than 15 business days after the magistrates’ court’s decision, or, if applicable, service of notice under rule 47.44(5); and

(b) in the appeal notice, explain, as appropriate, why the retention period should, or should not, be extended.

(3) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.

[Note. Under section 63F(10) of the Police and Criminal Evidence Act 1984, under paragraph 20B(8) of Schedule 8 to the Terrorism Act 2000 and under paragraph 20(9) of Schedule 6 to the National Security Act 2023, the person from whom fingerprints were taken, or from whom a DNA profile derives, may appeal to the Crown Court against an order extending the retention period; and a chief officer of police may appeal to the Crown Court against the refusal of such an order.]

SECTION 6: INVESTIGATION ANONYMITY ORDERS UNDER THE CORONERS AND JUSTICE ACT 2009

When this Section applies

47.46

This Section applies where—

(a) a justice of the peace can make or discharge an investigation anonymity order, under sections 76 and 80(1) of the Coroners and Justice Act 2009¹²²¹; and

(b) a Crown Court judge can determine an appeal against—

(i) a refusal of such an order, under section 79 of the 2009 Act, or

(ii) a decision on an application to discharge such an order, under section 80(6) of the 2009 Act.

[Note. Under the Coroners and Justice Act 2009, an investigation anonymity order may be made prohibiting the disclosure of information that identifies, or might identify, a specified person as someone who is, or was, willing to assist the investigation of an offence of murder or manslaughter caused by a gun or knife.]

Exercise of court’s powers

47.47

(1) The court may determine an application for an investigation anonymity order, and any appeal against the refusal of such an order—

(a) at a hearing (which must be in private unless the court otherwise directs); or

(b) without a hearing.

(2) The court must determine an application to discharge an investigation anonymity order, and any appeal against the decision on such an application—

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

(b) in the presence of the person specified in the order, unless—

(i) that person applied for the discharge of the order,

(ii) that person has had an opportunity to make representations, or

(iii) the court is satisfied that it is not reasonably practicable to communicate with that person.

(3) The court may consider an application or an appeal made orally instead of in writing.

Application for an investigation anonymity order

47.48

(1) This rule applies where an applicant wants a magistrates’ court to make an investigation anonymity order.

(2) The applicant must—

(a) apply in writing;

(b) serve the application on the court officer;

(i) the applicant wants the court to determine the application at a hearing, or

(ii) the court otherwise directs;

(d) explain how the proposed order meets the conditions prescribed by section 78 of the Coroners and Justice Act 2009¹²²²;

(e) say if the applicant intends to appeal should the court refuse the order;

(f) attach any material on which the applicant relies; and

(g) propose the terms of the order.

(3) At any hearing of the application, the applicant must—

(a) identify to the court the person to be specified in the order, unless—

(i) the applicant has done so already, or

(ii) the court otherwise directs; and

(b) unless the applicant has done so already, inform the court if the applicant intends to appeal should the court refuse the order.

[Note. See section 77 of the Coroners and Justice Act 2009.]

Application to discharge an investigation anonymity order

47.49

(1) This rule applies where one of the following wants a magistrates’ court to discharge an investigation anonymity order—

(a) an applicant; or

(b) the person specified in the order.

(2) That applicant or the specified person 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 as applicable

(ii) the applicant for the order, and

(iii) the specified person;

(i) what material circumstances have changed since the order was made, or since any previous application was made to discharge it, and

(ii) why it is appropriate for the order to be discharged; and

(d) attach—

(i) a copy of the order, and

(ii) any material on which the applicant relies.

(3) A party must inform the court if that party intends to appeal should the court discharge the order.

[Note. See section 80 of the Coroners and Justice Act 2009.]

Appeal

47.50

(1) This rule applies where one of the following (‘the appellant’) wants to appeal to the Crown Court—

(a) the applicant for an investigation anonymity order, where a magistrates’ court has refused to make the order; or

(b) a party to an application to discharge such an order, where a magistrates’ court has decided that application.

(2) The appellant must—

(a) serve on the Crown Court officer a copy of the application to the magistrates’ court; and

(b) where the appeal concerns a discharge decision, notify each other party,

not more than 15 business days after the decision against which the appellant wants to appeal.

(3) The Crown Court must hear the appeal without justices of the peace.

[Note. See sections 79 and 80(6) of the Coroners and Justice Act 2009, and section 74 of the Senior Courts Act 1981¹²²³.]

SECTION 7: INVESTIGATION APPROVAL ORDERS UNDER THE REGULATION OF INVESTIGATORY POWERS ACT 2000

When this Section applies

47.51

This Section applies where a justice of the peace can make an order approving the grant or renewal of an authorisation under section 32A of the Regulation of Investigatory Powers Act 2000.

Exercise of court’s powers

47.52

(1) Rule 47.5 (Investigation orders; Exercise of court’s powers) applies, subject to section 32B(2) of the Regulation of Investigatory Powers Act 2000¹²²⁴.

(2) Where a magistrates’ court refuses to approve the grant ... or renewal of an authorisation ..., the court must not exercise its power to quash that authorisation ... unless the applicant has had at least 2 business days from the date of the refusal in which to make representations.

[Note. Under section 32B(2) of the Regulation of Investigatory Powers Act 2000, the applicant is not required to give notice of an application to any person to whom the authorisation or notice relates, or to such a person’s legal representatives. See also section 32B(3) of the 2000 Act.]

Application for approval for authorisation ...

47.53

(1) This rule applies where an applicant wants a magistrates’ court to make an order approving, under sections 32A and 32B of the Regulation of Investigatory Powers Act 2000, an authorisation for—

(a) the carrying out of directed surveillance, under section 28 of the 2000 Act; or

(b) the conduct or use of a covert human intelligence source, under section 29 of the Act.

(2) The applicant must—

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

(b) attach the authorisation or notice which the applicant wants the court to approve;

(i) as required by section 32A(3) and (4) of the 2000 Act, in relation to directed surveillance, or

(ii) as required by section 32A(5) and (6), and, if relevant, section 43(6A), of the Act, in relation to a covert human intelligence source; and

(d) propose the terms of the order.

[Note. See also rule 47.5, under which the court may—

(a) exercise its powers in the parties’ absence; and

(b) consider an application made orally.

SECTION 8: ORDERS FOR ACCESS TO DOCUMENTS, ETC. UNDER THE CRIMINAL APPEAL ACT 1995

When this Section applies

47.54

This Section applies where the Crown Court can order a person to give the Criminal Cases Review Commission access to a document or other material under section 18A of the Criminal Appeal Act 1995¹²²⁷.

Exercise of court’s powers

47.55

(1) Subject to paragraphs (2), (3) and (4), the court may determine an application by the Criminal Cases Review Commission for 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 Commission,

(ii) the respondent, and

(iii) any other person affected by the order.

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

(a) the Commission asks for a hearing; or

(b) it appears to the court that the application is so complex or serious as to require the court to hear the Commission.

(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 Commission cannot identify or contact the absentee,

(ii) it would prejudice the exercise of the Commission’s functions to adjourn or postpone the application so as to allow the absentee to attend, or

(iii) 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 Commission 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 an order unless an officer of the Commission states, in writing or orally, that to the best of that officer’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 shorten or extend (even after it has expired) a time limit under this Section.

Application for an order for access

47.56

(1) Where the Criminal Cases Review Commission wants the court to make an order for access to a document or other material, the Commission must—

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

(b) give the court an estimate of how long the court should allow—

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

(ii) for any hearing of the application;

(d) serve the application and draft order on the respondent.

(2) The application must—

(a) identify the respondent;

(b) describe the document, or documents, or other material sought;

(i) what is sought is in the respondent’s possession or control, and

(ii) access to what is sought may assist the Commission in the exercise of any of their functions; and

(d) explain the Commission’s proposals for—

(i) the manner in which the respondent should give access, and

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

(3) The Commission must serve any order made on the respondent.

[Note. Under section 18A(3) of the Criminal Appeal Act 1995, the court may give directions for the manner in which access to a document or other material must be given, and may direct that the Commission must be allowed to take away such a document or material, or to make copies. Under section 18A(4) of the Act, the court may direct that the respondent must not destroy, damage or alter a document or other material before the direction is withdrawn by the court.]

Application containing information withheld from a respondent or other person

47.57

(1) This rule applies where—

(a) the Criminal Cases Review Commission serves an application under rule 47.56 (Application for an order for access); and

(b) the application includes information that the Commission thinks ought not be revealed to a recipient.

(2) The Commission must—

(a) omit that information from the part of the application that is served on that recipient;

(b) mark the other part, to show that it is only for the court; and

(3) A hearing of an application to which this rule applies may take place, wholly or in part, in the absence of that recipient and any other person.

(4) 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 Commission and then by the other parties, in the presence of them all, and then

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

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

Application to punish for contempt of court

47.58

(1) This rule applies where a person is accused of disobeying an order for access made under section 18A of the Criminal Appeal Act 1995.

(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 section 45 of the Senior Courts Act 1981¹²²⁸.]

SECTION 9: ORDERS FOR THE EXTENSION OF A MORATORIUM PERIOD UNDER THE PROCEEDS OF CRIME ACT 2002

When this Section applies

47.59

(1) This Section applies where the Crown Court can extend a moratorium period under section 336A of the Proceeds of Crime Act 2002¹²²⁹.

(2) In this Section, ‘respondent’ means, as well as a person within the meaning of rule 47.2(c), an ‘interested person’ within the meaning of section 336D of the 2002 Act¹²³⁰.

[Note. Under section 336A of the Proceeds of Crime Act 2002, the Crown Court may extend a moratorium period under section 335 or section 336 of the Act¹²³¹by up to 31 days beginning with the day after the day on which the period otherwise would end.

Exercise of court’s powers

47.60

(1) The court may determine an application to which rule 47.61 (Application for extension of moratorium period) applies—

(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, and

(ii) a respondent.

(2) The court must not determine such an application in the applicant’s absence if the applicant asks for a hearing.

(3) The court must not determine such an application in the absence of a respondent 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 officer must arrange for the court to hear such an application no sooner than 2business days after notice of the application was served, unless—

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

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

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

(6) The court must not extend a moratorium period 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.

(7) Where the statement required by paragraph (6) 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.

(8) The court may—

(a) shorten or extend (even after it has expired) a time limit imposed by this rule;

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

Application for extension of moratorium period

47.61

(1) This rule applies where an applicant wants the court to extend a moratorium period.

(2) The applicant must—

(a) apply in writing before the date on which the moratorium period otherwise would end;

(b) demonstrate that the applicant is entitled to apply as a senior officer within the meaning of section 336D of the Proceeds of Crime Act 2002;

(d) serve notice on each respondent that an application has been made; and

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

(3) The application must specify—

(a) the disclosure in respect of which the application is made;

(b) the date on which the moratorium period began;

(d) the date on which that period is due to end.

(4) The application must—

(a) describe the investigation being carried out in relation to that disclosure; and

(b) explain the grounds for believing that—

(i) the investigation is being conducted diligently and expeditiously,

(ii) further time is needed for conducting the investigation, and

(iii) it would be reasonable in all the circumstances for the moratorium period to be extended.

(5) A respondent who objects to the application must—

(a) serve notice of the objection on—

(i) the court officer, and

(ii) the applicant

not more than 2 business days after service of notice of the application; and

(b) in that notice explain the grounds of the objection.

(6) The applicant must serve any order made on each respondent.

[Note. Under section 336D of the Proceeds of Crime Act 2002, ‘senior officer’ means the Director General of the National Crime Agency or an authorised officer of that Agency, a police officer of at least the rank of inspector, an officer of HM Revenue and Customs or an immigration officer of equivalent rank, a senior member of the Financial Conduct Authority, the Director of the Serious Fraud Office or an authorised member of that Office, or an accredited financial investigator.

Application containing information withheld from a respondent

47.62

(1) This rule applies where an application to extend a moratorium period includes an application to withhold information from a respondent.

(2) The applicant must—

(a) omit that information from any part of the application that is served on the respondent;

(b) mark the other part to show that, unless the court otherwise directs, it is only for the court; and

(c) in that other part, explain the grounds for believing that the disclosure of that information would have one or more of the following results—

(i) evidence of an offence would be interfered with or harmed,

(ii) the gathering of information about the possible commission of an offence would be interfered with,

(iii) a person would be interfered with or physically injured,

(iv) the recovery of property under this Act would be hindered, or

(v) national security would be put at risk.

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

(a) the court must first determine the application to withhold information, in the respondent’s absence and that of any legal representative of the respondent; and

(b) if the court allows the application to withhold information, then in the following sequence—

(i) the court must consider representations first by the applicant and then by the respondent, in the presence of both, and

(ii) the court may consider further representations by the applicant in the respondent’s absence and that of any legal representative of the respondent.

(4) If the court refuses an application to withhold information from the respondent, the applicant may withdraw the application to extend the moratorium period.

[Note. See section 336B of the Proceeds of Crime Act 2002.]

SECTION 10: ORDERS FOR ACCESS TO ELECTRONIC DATA UNDER THE CRIME (OVERSEAS PRODUCTION ORDERS) ACT 2019

When this Section applies

47.63

(1) This Section applies where the Crown Court can make an overseas production order under section 1 of the Crime (Overseas Production Orders) Act 2019¹²³⁴.

(2) In this Section, a reference to a person affected by such an order includes a person by whom or on whose behalf there is stored any journalistic data specified or described in the application for that order.

[Note. Under section 1 of the Crime (Overseas Production Orders) Act 2019, on an application by an appropriate officer (defined by section 2 of the Act) a Crown Court judge may order a person (in these rules, ‘the respondent’) to produce or give access to electronic data (by section 3, ‘data stored electronically’), other than excepted such data, where, among other criteria listed in sections 1 and 4 of the Act, the judge is satisfied that—

(a) there are reasonable grounds for believing that—

(i) an indictable offence has been committed and proceedings in respect of the offence have been instituted or the offence is being investigated, or

(ii) the order is sought for the purposes of a terrorist investigation within the meaning of the Terrorism Act 2000; and

(b) there are reasonable grounds for believing that the respondent operates in, or is based in, a country or territory outside the United Kingdom which is a party to, or which participates in, a designated international co-operation arrangement.

Exercise of court’s powers

47.64

(1) Subject to paragraphs (2), (3) and (4), the court may determine an application under rule 47.65 for an overseas production order, or an application under rule 47.66 to vary or revoke 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) the respondent, and

(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 require the production of excepted electronic data, within the meaning of section 3 of the Crime (Overseas Production Orders) Act 2019, or

(ii) 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) where journalistic data is sought, it would prejudice the investigation of another indictable offence or another terrorist investigation if the absentee were present,

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

(v) 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 data, 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 notice of the application 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 revoke 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

47.65

(1) An applicant who wants the court to make an overseas production order must—

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

(b) demonstrate that the applicant is entitled to apply;

(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 and on any other person affected by the order, unless the court otherwise directs; and

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

(2) A notice served on the respondent and on any other person affected by the order must—

(a) specify or describe the electronic data 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.

(3) The application must—

(a) specify the designated international co-operation arrangement by reference to which the application is made;

(b) identify the respondent;

(c) explain the grounds for believing that the respondent operates in, or is based in, a country or territory outside the United Kingdom which is a party to, or participates in, that designated international co-operation arrangement;

(d) specify or describe the electronic data in respect of which the order is sought;

(e) explain the grounds for believing that the electronic data sought does not consist of or include excepted electronic data;

(f) briefly describe the investigation for the purposes of which the electronic data is sought and explain—

(i) the grounds for believing that an indictable offence has been committed which is under investigation or in respect of which proceedings have begun, or

(ii) how the investigation constitutes a terrorist investigation within the meaning of the Terrorism Act 2000;

(g) explain the grounds for believing that the respondent has possession or control of all or part of the electronic data sought;

(h) explain the grounds for believing that the electronic data sought is likely to be of substantial value to the investigation, or to the proceedings (as the case may be), whether by itself or together with other material;

(i) where paragraph (3)(f)(i) applies, explain the grounds for believing that all or part of the electronic data sought is likely to be relevant evidence in respect of the offence concerned;

(j) explain the grounds for believing that it is in the public interest for the respondent to produce or give access to the electronic data sought, having regard to—

(i) the benefit likely to accrue to the investigation, or to the proceedings (as the case may be), if that data is obtained, and

(ii) the circumstances under which the respondent has possession or control of any of that data;

(k) specify—

(i) the person, or the description of person, to whom the applicant wants the court to order that electronic data must be produced or made accessible, and

(ii) the period by the end of which the applicant wants the court to order that that electronic data must be produced or made accessible (which must be a period of 7days beginning with the day on which the order is served on the respondent, unless the court otherwise directs); and

(l) where the applicant wants the court to include a non-disclosure requirement in the order—

(i) explain why such a requirement would be appropriate, and

(ii) specify or describe when the applicant wants that requirement, if ordered, to expire.

(4) In the event that an overseas production order is made, the applicant must serve the order on the Secretary of State, or on a person prescribed by regulations, for service on the respondent.

(5) Where notice of the application was served on a respondent, in the event that the application is dismissed or abandoned the applicant must—

(a) promptly so notify that respondent; and

(b) where the application is dismissed, promptly inform that respondent if the court nonetheless orders that for a period that respondent must not—

(i) conceal, destroy, alter or dispose of any of the electronic data specified or described in the application, or

(ii) disclose the making of the application or its contents to any person.

[Note. See sections 1, 2, 4 and 5 of the Crime (Overseas Production Orders) Act 2019.

Application to vary or revoke an order

47.66

(1) The orders to which this rule applies are—

(a) an overseas production order;

(b) an order under section 8(4) of the Crime (Overseas Production Orders) Act 2019 maintaining an unexpired non-disclosure requirement;

(c) an order under section 13(3) of the 2019 Act maintaining a duty not to conceal, destroy, alter or dispose of electronic data, and not to disclose the making or content of an application for an overseas production order; and

(d) an order under section 13(4)(b) of the Act maintaining a duty not to conceal, destroy, alter or dispose of electronic data.

(2) This rule applies where one of the following wants the court to vary, to further vary or to revoke an order listed in paragraph (1)—

(a) the applicant for that order, or an equivalent appropriate officer;

(b) the respondent;

(d) the Secretary of State.

(3) The applicant for the variation or revocation 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) as applicable, the applicant for the order, the respondent, any other person known to be affected and the Secretary of State;

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

(4) Where the applicant wants the court to vary, or further vary, an overseas production order, the application must—

(a) specify or describe the electronic data in respect of which the varied order is sought (which may include electronic data not specified or described in the original order);

(b) satisfy or, as the case may be, continue to satisfy, the requirements of rule 47.65(3)(a) and (c) to (i) (which may be done by reference to the original application); and

(5) Where the applicant wants the court to revoke an overseas production order, the application must—

(a) explain why revocation is appropriate;

(b) if the applicant wants the court, despite revocation, to maintain the requirement that for a period the respondent must not conceal, destroy, alter or dispose of any of the electronic data specified or described in the order—

(i) explain why it would be appropriate to maintain that requirement, and

(ii) specify or describe when the applicant wants that requirement, if maintained, to expire; and

(c) if the order includes an unexpired non-disclosure requirement that the applicant wants the court, despite revocation, to maintain—

(i) explain why it would be appropriate to maintain that requirement, and

(ii) specify or describe when the applicant wants that requirement, if maintained, to expire.

(6) Where the applicant wants the court to vary, to further vary or to revoke an order under section 8(4), section 13(3) or section 13(4)(b) of the 2019 Act the application must—

(a) explain—

(i) what material circumstances have changed since the order was made, and

(ii) why the order should be varied or revoked, as the case may be, as a result; and

(b) if applicable, specify the variation proposed.

(7) The court officer must serve on the applicant for the overseas production order under rule 47.65 any order made on an application under this rule, and—

(a) in the event that the court varies the overseas production order, the applicant under rule 47.65 must serve the order as varied on the Secretary of State, or on a person prescribed by regulations, for service on the respondent on whom the overseas production order first was served;

(b) in any other event, the applicant under rule 47.65 must serve the order made on the application under this rule on every other person served under paragraph (3)(b).

[Note. See sections 7, 9, 11(1) and 18(2) of the Crime (Overseas Production Orders) Act 2019.

Application containing information withheld from a respondent or other person

47.67

(1) This rule applies where an application under rule 47.65 or 47.66 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 the respondent or another 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 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 punish for contempt of court

47.68

(1) This rule applies where a person is accused of disobeying an order made by the court under the Crime (Overseas Production Orders) Act 2019.

(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 section 45 of the Senior Courts Act 1981¹²³⁵. Under section 11(4) of the Crime (Overseas Production Orders) Act 2019, an order made by a judge under the Act has effect as if it were an order of the Crown Court.]

PART 48 — CONTEMPT OF COURT

Contents of this Part

hGeneral rules
When this Part applies	rule 48.1
Exercise of court’s power to deal with contempt of court	rule 48.2
Notice of suspension of imprisonment by Court of Appeal or Crown Court	rule 48.3
Application to discharge an order for imprisonment	rule 48.4

Contempt of court by obstruction, disruption, etc.
Initial procedure on obstruction, disruption, etc.	rule 48.5
Review after temporary detention	rule 48.6
Postponement of enquiry	rule 48.7
Procedure on enquiry	rule 48.8

Contempt of court by failure to comply with court order, etc.
Initial procedure on failure to comply with court order, etc.	rule 48.9
Procedure on hearing	rule 48.10
Introduction of written witness statement or other hearsay	rule 48.11
Content of written witness statement	rule 48.12
Content of notice of other hearsay	rule 48.13
Cross-examination of maker of written witness statement or other hearsay	rule 48.14
Credibility and consistency of maker of written witness statement or other hearsay	rule 48.15
Magistrates’ courts’ powers to adjourn, etc.	rule 48.16
Court’s power to vary requirements	rule 48.17

GENERAL RULES

When this Part applies

48.1

(1) This Part applies where the court can deal with a person for conduct—

(a) in contempt of court; or

(b) in contravention of the legislation to which rules 48.5 and 48.9 refer.

(2) In this Part, ‘respondent’ means any such person.

[Note. For the court’s powers to punish for contempt of court, see the notes to rules 48.5 and 48.9.]

Exercise of court’s power to deal with contempt of court

48.2

(1) The court must determine at a hearing—

(a) an enquiry under rule 48.8; and

(b) an allegation under rule 48.9.

(2) The court must not proceed in the respondent’s absence unless—

(a) the respondent’s behaviour makes it impracticable to proceed otherwise; or

(b) the respondent has had at least 10 business days’ notice of the hearing, or was present when the hearing was arranged.

(3) If the court hears part of an enquiry or allegation in private, it must announce at a hearing in public—

(a) the respondent’s name;

(b) in general terms, the nature of any conduct that the respondent admits, or the court finds proved; and

(4) Where a respondent admits conduct to which this Part applies or the court finds such conduct proved, the court officer must publish an announcement of the event—

(a) which includes the information listed in paragraph (3) of this rule; and

(b) by such arrangements as the Lord Chief Justice directs.

Notice of suspension of imprisonment by Court of Appeal or Crown Court

48.3

(1) This rule applies where—

(a) the Court of Appeal or the Crown Court suspends an order of imprisonment for contempt of court; and

(b) the respondent is absent when the court does so.

(2) The respondent must be served with notice of the terms of the court’s order—

(a) by any applicant under rule 48.9; or

(b) by the court officer, in any other case.

[Note. By reason of sections 15 and 45 of the Senior Courts Act 1981¹²³⁶, the Court of Appeal and the Crown Court each has an inherent power to suspend imprisonment for contempt of court, on conditions, or for a period, or both.]

Application to discharge an order for imprisonment

48.4

(1) This rule applies where the court can discharge an order for a respondent’s imprisonment for contempt of court.

(2) A respondent who wants the court to discharge such an order must—

(a) apply in writing, unless the court otherwise directs, and serve any written application on—

(i) the court officer, and

(ii) any applicant under rule 48.9 on whose application the respondent was imprisoned;

(b) in the application—

(i) explain why it is appropriate for the order for imprisonment to be discharged, and

(ii) give details of any appeal, and its outcome; and

[Note. By reason of sections 15 and 45 of the Senior Courts Act 1981, the Court of Appeal and the Crown Court each has an inherent power to discharge an order for a respondent’s imprisonment for contempt of court in failing to comply with a court order.

CONTEMPT OF COURT BY OBSTRUCTION, DISRUPTION, ETC.

Initial procedure on obstruction, disruption, etc.

48.5

(1) This rule applies where the court observes, or someone reports to the court—

(a) in the Court of Appeal or the Crown Court, obstructive, disruptive, insulting or intimidating conduct, in the courtroom or in its vicinity, or otherwise immediately affecting the proceedings;

(b) in the Crown Court, a contravention of—

(i) section 3 of the Criminal Procedure (Attendance of Witnesses) Act 1965¹²³⁹ (disobeying a witness summons), or

(ii) section 20 of the Juries Act 1974¹²⁴⁰ (disobeying a jury summons);

(i) section 97(4) of the Magistrates’ Courts Act 1980 (refusing to give evidence), or

(ii) section 12 of the Contempt of Court Act 1981¹²⁴¹ (insulting or interrupting the court, etc.);

(d) a contravention of section 9 of the Contempt of Court Act 1981¹²⁴² (Use of tape recorders);

(e) a contravention of section 41 of the Criminal Justice Act 1925¹²⁴³ (Prohibition on taking photographs, etc, in court); or

(f) any other conduct with which the court can deal as, or as if it were, a criminal contempt of court, except failure to surrender to bail under section 6 of the Bail Act 1976¹²⁴⁴.

(2) If it is necessary in the interests of justice to deal there and then with conduct to which this rule applies, the court must—

(a) unless the respondent’s behaviour makes it impracticable to do so, explain, in terms the respondent can understand (with help, if necessary)—

(i) the conduct that is in question,

(ii) that the court can impose imprisonment, or a fine, or both, for such conduct,

(iii) (where relevant) that the court has power to order the respondent’s immediate temporary detention, if in the court’s opinion that is required,

(iv) that the respondent may explain the conduct,

(v) that the respondent may apologise, if the respondent so wishes, which may persuade the court to take no further action, and

(vi) that the respondent may take legal advice; and

(b) allow the respondent a reasonable opportunity to reflect, take advice, explain and, if the respondent so wishes, apologise.

(3) After allowing that opportunity—

(a) the court may enquire into the conduct at once;

(b) the court may postpone the enquiry—

(i) if a magistrates’ court, only until later the same day, or

(ii) if the Court of Appeal or the Crown Court, until a date and time fixed by the court for the respondent to surrender to the court’s custody;

(c) if the conduct appears to contravene section 9 of the Contempt of Court Act 1981¹²⁴⁵ (recording) or section 41 of the Criminal Justice Act 1925 (photography), the court may—

(i) at once require the respondent to erase the recording or photograph immediately,

(ii) explain the power of a court security officer to seize an article under section 54 of the Courts Act 2003¹²⁴⁶ (Surrender and seizure of articles), and

(iii) explain the power of the court to order the forfeiture and disposal of an instrument under section 9(3) of the Contempt of Court Act 1981; or

(d) the court may take no further action in respect of the conduct.

(4) In the Crown Court, if it is not necessary in the interests of justice to deal there and then with the conduct the court must instead—

(a) direct the court officer to report the incident to a Presiding Judge; and

(b) unless the respondent’s behaviour makes it impracticable to do so, explain in terms the respondent can understand (with help, if necessary), that—

(i) the incident will be considered by a Presiding Judge,

(ii) the outcome may be prosecution or proceedings for contempt of court, which may lead to imprisonment, or to a fine, or both,

(iii) the respondent may explain the conduct and may apologise, if the respondent so wishes, which may affect the outcome, and

(iv) the respondent may take legal advice.

[Note. The conduct to which this rule applies is sometimes described as ‘criminal’ contempt of court.

Review after temporary detention

48.6

(1) This rule applies in a case in which the court has ordered the respondent’s immediate temporary detention for conduct to which rule 48.5 applies.

(2) The court must review the case—

(a) if a magistrates’ court, later the same day; or

(b) if the Court of Appeal or the Crown Court, no later than the next business day.

(3) On the review, the court must—

(a) unless the respondent is absent, repeat the explanations required by rule 48.5(2)(a); and

(b) allow the respondent a reasonable opportunity to reflect, take advice, explain and, if he or she so wishes, apologise.

(4) The court may then—

(a) take no further action in respect of the conduct;

(b) if a magistrates’ court, enquire into the conduct at once; or

(i) enquire into the conduct at once, or

(ii) postpone the enquiry, and order the respondent’s release from such detention in the meantime.

Postponement of enquiry

48.7

(1) This rule applies where the Court of Appeal or the Crown Court postpones the enquiry.

(2) Under the superintendence of the court the court officer must prepare a written statement containing such particulars of the conduct in question as to make clear what the respondent appears to have done.

(3) The court officer must serve on the respondent—

(a) that written statement;

(b) such other evidence, if any, of the conduct which the court will consider at the enquiry;

(d) a reminder that the court can impose imprisonment, or a fine, or both, for contempt of court; and

(e) a warning that if the respondent fails to attend the enquiry—

(i) the enquiry may take place in the respondent’s absence, and

(ii) the respondent may be arrested and punished for failing to attend.

Procedure on enquiry

48.8

(1) At an enquiry, the court must—

(a) ensure that the respondent understands (with help, if necessary) what is alleged, if the enquiry has been postponed from a previous occasion;

(b) explain what the procedure at the enquiry will be; and

(2) If the respondent admits the conduct, the court need not receive evidence.

(3) If the respondent does not admit the conduct, the court must consider—

(a) any statement served under rule 48.7;

(b) any other evidence of the conduct served under that rule;

(d) any representations by the respondent about the conduct.

(4) If the respondent admits the conduct, or the court finds it proved, the court must—

(a) before imposing any punishment for contempt of court, give the respondent an opportunity to make representations relevant to punishment and a final opportunity to apologise;

(b) in deciding how to deal with the respondent take into account—

(i) the gravity of the contempt,

(ii) the extent of any admission of the conduct and the stage at which that admission was made,

(iii) any apology and the stage at which that apology was offered, and

(iv) any period during which the respondent was detained pending the enquiry;

(c) if imprisonment is imposed, impose the shortest period that is commensurate with the preservation of good order in the administration of justice;

(d) explain, in terms the respondent can understand (with help, if necessary)—

(i) the reasons for its decision, including its findings of fact, and

(ii) the punishment it imposes, and its effect; and

(e) if a magistrates’ court, arrange for the preparation of a written record of those findings.

(5) The court that conducts an enquiry—

(a) need not include the same member or members as the court that observed the conduct; but

(b) may do so, unless that would be unfair to the respondent.

CONTEMPT OF COURT BY FAILURE TO COMPLY WITH COURT ORDER, ETC.

Initial procedure on failure to comply with court order, etc.

48.9

(1) This rule applies where—

(a) a party, or other person directly affected, alleges—

(i) in the Crown Court, a failure to comply with an order to which applies rule 33.64 (compliance order, restraint order or ancillary order), rule 47.9 (certain investigation orders under the Police and Criminal Evidence Act 1984¹²⁵⁶, the Terrorism Act 2000¹²⁵⁷, the Proceeds of Crime Act 2002¹²⁵⁸, the Proceeds of Crime Act 2002 (External Investigations) Order 2014¹²⁵⁹ and the Extradition Act 2003¹²⁶⁰), rule 47.41 (order for retention or return of property under section 59 of the Criminal Justice and Police Act 2001¹²⁶¹) or rule 47.58 (order for access under section 18A of the Criminal Appeal Act 1995¹²⁶²),

(ii) in the Court of Appeal or the Crown Court, any other conduct with which that court can deal as a civil contempt of court, or

(iii) in the Crown Court or a magistrates’ court, unauthorised use of disclosed prosecution material under section 17 of the Criminal Procedure and Investigations Act 1996¹²⁶³; or

(b) the court deals on its own initiative with conduct to which paragraph (1)(a) applies.

(2) Such a party or person must—

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

(b) serve on the respondent—

(i) the application, and

(ii) notice of where and when the court will consider the allegation (not less than 10business days after service).

(3) The application must—

(a) identify the respondent;

(b) explain that it is an application for the respondent to be dealt with for contempt of court;

(d) include a notice warning the respondent that the court—

(i) can impose imprisonment, or a fine, or both, for contempt of court, and

(ii) may deal with the application in the respondent’s absence, if the respondent does not attend the hearing.

(4) A court which acts on its own initiative under paragraph (1)(b) must—

(a) arrange for the preparation of a written statement containing the same information as an application; and

(b) arrange for the service on the respondent of—

(i) that written statement, and

(ii) notice of where and when the court will consider the allegation (not less than 10business days after service).

[Note. The conduct to which this rule applies is sometimes described as ‘civil’ contempt of court.

Procedure on hearing

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