(1) A magistrate or
registrar dealing with an application may deal with the application even
though no party to the case has been served with it.
(2) A magistrate
dealing with an application may —
(a)
order the relevant media organisation to serve any other person, specified in
the order, with the application and a notice in an approved form entitling the
person to be heard on the application; and
(b) deal
with the application accordingly.
(3) A magistrate
dealing with an application may grant or refuse it.
(4) A magistrate
dealing with an application, if satisfied the relevant media organisation has
sufficient cause to be granted leave, may grant the application subject
to —
(a) any
order made under the CPA section 171; and
(b) any
information contained in a pre‑sentence report ordered under the
Sentencing Act 1995 section 20 indicating that it would be
inappropriate to grant the application; and
(c) any
other order or written law that prohibits or restricts the publication or
possession of the relevant record.
[Rule 40E inserted: Gazette 11 Mar 2014
p. 575.]