The Clergy Conduct Rules 2026
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Change 1
96 New evidence
(1) No evidence may be put before the appellate court which was not put before the tribunal or court on the complaint unless the Dean of the Arches and Auditor has given permission (but see paragraph (8)). (2) An application by the respondent to the complaint for permission under paragraph (1) must be made in accordance with rule 105; and the application must— (a) identify the new evidence, (b) explain why the evidence was not before the tribunal or court on the complaint, and (c) explain the relevance and importance of the new evidence in relation to the matters determined on the complaint and the issues raised in the appeal or review. (3) Where the application relates to evidence from a new witness, it must be accompanied by a copy of a statement by the witness; and the statement must— (a) set out the proposed evidence, (b) indicate which matters in the statement come from the witness’s own knowledge and which are matters of information or belief, (c) indicate the source of any matters of information or belief, (d) include a declaration that the witness believes that the contents of the statement are true, and (e) be signed and dated by the witness. (4) The applicant must give the other party a copy of the application and, if applicable, an accompanying witness statement. (5) Before determining an application under this rule, the Dean of the Arches and Auditor must give the other party at least 14 days within which to make written representations in response to the application; and the other party must give the applicant a copy of any such representations. (6) The Dean of the Arches and Auditor may determine an application under this rule with or without a hearing. (7) The Dean of the Arches and Auditor may permit evidence that was not before the tribunal or court on the complaint to be put before the appellate court only if satisfied— (a) that the evidence was not available and could not reasonably have been obtained for the hearing on the complaint, (b) that the evidence, if it had been before the tribunal or court on the complaint, could have had an important bearing on the determination of the matters before it, and (c) that the evidence appears to be credible. (8) In exceptional circumstances, the Dean of the Arches and Auditor may, instead of determining the application, refer it to the appellate court for determination; and the references in this rule to the Dean are to be read accordingly.
96 New evidence
(1) No evidence may be put before the appellate court which was not put before the tribunal or court on the complaint unless the Dean of the Arches and Auditor has given permission (but see paragraph (8)). (2) An application by the respondent to the complaint for permission under paragraph (1) must be made in accordance with rule 105; and the application must— (a) identify the new evidence, (b) explain why the evidence was not before the tribunal or court on the complaint, and (c) explain the relevance and importance of the new evidence in relation to the matters determined on the complaint and the issues raised in the appeal or review. (3) Where the application relates to evidence from a new witness, it must be accompanied by a copy of a statement by the witness; and the statement must— (a) set out the proposed evidence, (b) indicate which matters in the statement come from the witness’s own knowledge and which are matters of information or belief, (c) indicate the source of any matters of information or belief, (d) include a declaration that the witness believes that the contents of the statement are true, and (e) be signed and dated by the witness. (4) The applicant must give the other party a copy of the application and, if applicable, an accompanying witness statement. (5) Before determining an application under this rule, the Dean of the Arches and Auditor must give the other party at least 14 days within which to make written representations in response to the application; and the other party must give the applicant a copy of any such representations. (6) The Dean of the Arches and Auditor may determine an application under this rule with or without a hearing. (7) The Dean of the Arches and Auditor may permit evidence that was not before the tribunal or court on the complaint to be put before the appellate court only if satisfied— (a) that the evidence was not available and could not reasonably have been obtained for the hearing on the complaint, (b) that the evidence, if it had been before the tribunal or court on the complaint, could have had an important bearing on the determination of the matters before it, and (c) that the evidence appears to be credible. (8) In exceptional circumstances, the Dean of the Arches and Auditor may, instead of determining the application, refer it to the appellate court for determination; and the references in this rule to the Dean are to be read accordingly.
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