Memorandum by the Home Office
CROWN COURT (CRIMINAL PROCEDURE AND INVESTIGATIONS
ACT 1996) (CONFIDENTIALITY) RULES 1997 (S.I. 1997/699)
1. This memorandum is submitted in response to a letter of
6 June from the Clerk of the Committee to the Lord Chancellor's
Department. The memorandum has been prepared by the Home Office
as the Department responsible for drafting the above instrument.
2. The Committee has requested a memorandum in respect of
the above instrument on the following points:
(1) In rule 6(2)(a), ought not the reference to "(4)"
to have read "(5)"?
(2) Explain why the appropriate officer's notice referred
to in rule 6(4) is not required to inform the recipient of the
requirement (referred to in rule 6(5)) than an application must
be in writing and made not less than 24 hours before the time
set for the adjourned hearing, and that if he makes an application
the court will before making the order hear any representations
made by him (compare rule 6(2)(a)).
3. So far as the first point is concerned, it is accepted
that the reference to "(4)" should have read "(5)".
This error occurred during the drafting of the rules. The provision
which is now in rule 6(2) was originally part of rule 6(1) and
when the two provisions were separated (in the interest of greater
clarity) a consequential change in the cross-reference to paragraph
(4) in what became rule 6(2)(a) (instead of 6(1)(a)) was unfortunately
not made when paragraph (4) was re-numbered (5). The error is
regretted and steps will be taken to amend rule 6(2)(a) at the
next available opportunity.
4. As to the second point, it is accepted, on reflection,
that it would have been desirable for the notice given by the
appropriate officer under rule 6(4) to have informed the person
notified than any application to be heard under section 18(6)
should be made in writing not less than 24 hours before the adjourned
hearing, and that if such an application is made the court will
hear representations made by him before making an order under
section 18(4) or (7). Consideration will be given to making a
suitable amendment in due course.
12th June 1997