7 An application for an order under paragraph 4 above [F885 that relates to material that consists of or includes journalistic material F885] shall be made inter partes.
Definitions used in Schedule 1, paragraph 7 1
- journalistic material
(1) Subject to subsection (2) below, in this Act “journalistic material” means material acquired or created for the purposes of journalism.
Defined in s.13(1) · see it in the full Act
Cases considering Schedule 1, paragraph 7 6
R v Crown Court at St Albans and another
An application for a production order concerning journalistic material must be inter partes. Equal treatment therefore prevents the judge from considering material withheld from the respondent, unlike an ordinary ex parte search-warrant application. (see paras [34]-[36])
R v The Commissioner of Police of the Metropolis
The requirement that a production-order application be made inter partes means that each party must know and have a fair opportunity to answer all material which the other asks the court to consider. Evidence admitted in support of the application cannot therefore be received ex parte. (see paras [3]; [30]-[32])
British Sky Broadcasting Ltd, R (on the application of) v The Central Criminal Court & Anor
Applied to require the application to be heard inter partes. It reinforced the conclusion that a closed procedure could not be introduced without statutory authority. (see paras [6]; [19]; [25]-[29])
1 more judgment, and what each says about Schedule 1, paragraph 7, are in the case-law panel in the full Act.
Amendments and notes
1 notes from legislation.gov.uk
Amendments
- F885Words in Sch. 1 para. 7 inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 82(3)(a), 115(7); S.I. 2015/994, art. 6(o)