The Criminal Procedure Rules 2020

Application to vary or revoke an order

47.69.—(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;

(c)another person affected by the order; or

(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; and

(c)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 47.68(3)(a) and (c) to (i) (which may be done by reference to the original application); and

(c)meet the requirements of rule 47.68(3)(j).

(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.

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

Under section 8(4) of the 2019 Act, where the court revokes an overseas production order which includes an unexpired non-disclosure requirement the court may order that the respondent is to remain subject to that requirement for a defined period.

Under section 13(3) of the Act, where the court dismisses an application for an overseas production order then the duty under section 13(1)(a) not to conceal, destroy, alter or dispose of any of the electronic data specified or described in the application, and under section 13(1)(b) not to disclose the making of the application or its contents to any person except with the court’s permission or with the written permission of the applicant (or an equivalent appropriate officer), ceases to apply unless the court orders that a person served with notice of the application is to remain subject to that duty for a defined period.

Under section 13(4)(b) of the Act, where the court revokes an overseas production order before it is served then the duty under section 13(1)(a) not to conceal, destroy, alter or dispose of any of the electronic data specified or described in the application for the order ceases to apply unless the court orders that a person served with notice of the application is to remain subject to that duty for a defined period.]