Application for a direction under section 45(3) of the 1999 Act or for a reporting direction
(1) An application in any proceedings for a direction under section 45(3) of the 1999 Act or for a reporting direction under section 45A(2) of that Act may be made by any person who in the view of the judge advocate has a legitimate interest in making such an application .
(2) Subject to rule 11, an application in any proceedings in relation to a person concerned in the proceedings for a direction under section 45(3) of the 1999 Act or for a reporting direction must be made in writing.
(3) A written application for a direction under section 45(3) of the 1999 Act must include the information specified in paragraphs (6) and (7).
(4) A written application for a reporting direction under section 45A(2) of the 1999 Act must include the information specified in paragraphs (6), (7) and (8).
(5) A written application for a reporting direction under section 46(2) of the 1999 Act must include the information specified in paragraphs (6) and (8).
(6) For the purposes of paragraphs (3), (4) and (5), the specified information is—
(a) the name, address and date of birth of the person concerned in the proceedings (or the reason for not giving these details);
(b) brief details of the charges to which the application applies;
(c) whether the application needs to be determined urgently, and if so why and by when.
(7) For the purposes of paragraphs (3) and (4), the specified information is—
(a) the grounds on which the applicant asserts that publication of any matter relating to the person concerned in the proceedings is likely to lead members of the public to identify that person as a person concerned in the proceedings;
(b) whether making the direction or reporting direction sought in relation to the person concerned in the proceedings is in the interests of the welfare of that person.
(8) For the purposes of paragraphs (4) and (5), the specified information is—
(a) the grounds on which the applicant asserts that, if a reporting direction is not given—
(i) the quality of the evidence given by the person concerned in the proceedings, or
(ii) the level of co-operation given by that person to any party to the proceedings in the preparation of that party’s case,
is likely to be diminished by fear or distress on the part of that person in connection with being identified by members of the public as a person concerned in the proceedings; and
(b) why a reporting direction—
(i) is in the interests of justice; or
(ii) is in the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of proceedings.
(9) If an application for a direction under section 45(3) of the 1999 Act or for a reporting direction is made in writing, the applicant must—
(a) send it to the court administration officer; and
(b) at the same time, send copies of it to every party or, as the case may be, every other party to the proceedings.
Opposing an application for a direction under section 45(3) of the 1999 Act or for a reporting direction
(1) If an application for a direction under section 45(3) of the 1999 Act or for a reporting direction is made in writing, any party to the proceedings who wishes to oppose that application must notify the applicant and the court administration officer in writing of his or her opposition and give reasons for it.
(2) A person opposing an application for a direction under section 45(3) of the 1999 Act must include in the written notification the information specified in paragraphs (5) and (6).
(3) A person opposing an application for a reporting direction under section 45A(2) of the 1999 Act must include in the written notification the information specified in paragraphs (5), (6) and (7).
(4) A person opposing an application for a reporting direction under section 46(2) of the 1999 Act must include in the written notification the information specified in paragraphs (5) and (7).
(5) For the purposes of paragraphs (2), (3) and (4), the specified information is whether he or she disputes that the person concerned in the proceedings is eligible for protection under section 45, 45A or 46 of the 1999 Act.
(6) For the purposes of paragraphs (2) and (3), the specified information is whether he or she disputes that—
(a) publication of any matter relating to the person concerned in the proceedings is likely to lead members of the public to identify that person as a person concerned in the proceedings; or
(b) the granting of protection is in the interests of the welfare of that person.
(7) For the purposes of paragraphs (3) and (4), the specified information is whether he or she disputes that the granting of protection would be likely to improve—
(a) the quality of the evidence given by the person concerned in the proceedings; or
(b) the level of co-operation given by that person to any party to the proceedings in connection with that party’s preparation of its case.
(8) The notification under paragraph (1) must be given within 5 working days of the date the application was served on the party to the proceedings unless an extension of time is granted under rule 13.
Urgent applications for a direction under section 45(3) of the 1999 Act or for a reporting direction
(1) With the leave of the judge advocate, a person who may make an application in writing under rule 9(2) may instead make an oral application under this rule.
(2) An application may be made under this rule whether or not an application has already been made under rule 9(2).
(3) A person who seeks leave to make an application under this rule must explain the circumstances which justify making an oral application.
Application for an excepting direction under section 45(4) or (5), 45A(10) or 46(9) of the 1999 Act
(1) An application for an excepting direction under section 45(4) or (5), 45A(10) or 46(9) of the 1999 Act may be made by—
(a) a party to proceedings in which restrictions have been imposed by a direction under section 45(3) of the 1999 Act or by a reporting direction;
(b) any person who, although not a party to those proceedings, is directly affected by those restrictions.
(2) An application for an excepting direction may be made—
(a) in writing at any time after the commencement of the proceedings in the court; or
(b) orally, at a hearing of an application for a direction under section 45(3) of the 1999 Act or for a reporting direction.
(3) An application for an excepting direction must state why the applicant considers—
(a) that the restrictions imposed on the reporting of the proceedings by the direction under section 45(3) of the 1999 Act or the reporting direction are substantial and unreasonable and that it is in the public interest to remove or relax those restrictions; or
(b) that it is necessary in the interests of justice to remove or relax those restrictions.
(4) A written application for an excepting direction must include the following information—
(a) name, address and date of birth of the person concerned in the proceedings in relation to whom the application is made (or the reason for not giving these details);
(b) brief details of the charges to which the application applies;
(c) the extent to which the applicant invites the judge advocate to dispense with the restrictions imposed by the direction under section 45(3) of the 1999 Act or the reporting direction;
(d) why the applicant considers—
(i) that the restrictions imposed on the reporting of the proceedings by the direction under section 45(3) of the 1999 Act or the reporting direction are substantial and unreasonable and that it is in the public interest to remove or relax those restrictions; or
(ii) that it is necessary in the interests of justice to remove or relax those restrictions;
(e) in the case of an application for an excepting direction under section 45(4) or (5) or 45A(10) of the 1999 Act, a statement explaining whether the applicant disputes that the granting of protection is in the interests of the welfare of the person concerned in the proceedings;
(f) if an applicant is not a party to the proceedings, a statement explaining how he or she is directly affected by the restrictions imposed with respect to the person in relation to whom the application is made.
(5) If an application for an excepting direction is made in writing, the applicant must—
(a) send it to the court administration officer; and
(b) at the same time, send copies to every party or, as the case may be, every other party to the proceedings.
(6) Any person served with a copy of an application for an excepting direction who wishes to oppose it must notify the applicant and the court administration officer in writing of his or her opposition and give reasons for it.
(7) The notification under paragraph (6) must be given within 5 working days of the date the application was served on that person unless an extension of time is granted under rule 13.
Variation or revocation of directions
(1) An application to—
(a) revoke a reporting direction, or
(b) vary or revoke an excepting direction,
may be made at any time after the commencement of the proceedings in the court.
(2) An application under paragraph (1) may be made by a party to the proceedings in which the direction was issued, or by a person who, although not a party to those proceedings, is in the opinion of the judge advocate directly affected by the direction.
(3) An application under paragraph (1) must be made in writing and the applicant must send that application to the court administration officer, and at the same time copies of the application shall be sent to every party or, as the case may be, every other party to the proceedings.
(4) The applicant must set out in his application the reasons why he seeks to have the direction varied or, as the case may be, revoked.
(5) Any person served with a copy of an application who wishes to oppose it, must notify the applicant and the court administration officer in writing of his opposition and give reasons for it.
(6) Any notification under paragraph (5) must be given within 5 working days of the date the application was served on him unless an extension of time is granted under rule 13.
Application for an extension of time
(1) An application may be made in writing to extend the period of time for notification under rule 9(8), rule 11(7) or rule 12(6) before that period has expired.
(2) An application must be accompanied by a statement setting out the reasons why the applicant is unable to give notification within that period.
(3) An application must be sent to the court administration officer and a copy of the application must be sent at the same time to the applicant.
Decision of the judge advocate
(1) The judge advocate may—
(a) determine any application made under rule 8 and rules 10 to 13 without a hearing; or
(b) direct a hearing of any application.
(2) The court administration officer must notify all the parties of the judge advocate’s decision as soon as reasonably practicable.
(3) If a hearing of an application is to take place, the court administration officer must notify each party to the proceedings of the time and place of the hearing.
(4) The judge advocate may hear and take into account representations made to him by any person who in the judge advocate’s view has a legitimate interest in the application before him.
