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The Summary Appeal Court (Youth Justice and Criminal Evidence Act 1999) Rules 2015

The Summary Appeal Court (Youth Justice and Criminal Evidence Act 1999) Rules 2015 reg 9

reg 9 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.

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