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The Crown Court Rules (Northern Ireland) 1979

Type Ni-Statutory-Rule

Publication 1979-03-22

Last updated 2023-05-17

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(a) why he objects to the admission under Article 15 of the 1999 Order of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted; and

(b) whether he would agree to the admission of part of the video recording or recordings and if so, which part or parts.

(11) The Court shall, before determining the application;—

(a) direct a hearing of the application; and

(b) allow all the parties to the proceedings to be present and be heard on the application.

(12) The chief clerk shall notify all parties to the proceedings of the decision of the Court as soon as reasonably practicable after the decision is given.

(13) Any decision varying a special measures direction must state whether the whole or specified parts of the video recording or recordings subject to the application are to be admitted in evidence.

Expert Evidence

44CF

Any party to the proceedings who proposes to adduce expert evidence (whether of fact or opinion) in connection with an application or renewal application for, or an application to vary or discharge, a special measures direction shall, not less than 14 days before the date set for the trial to begin—

(a) serve the other party or parties to those proceedings with a statement in writing of any finding or opinion which he proposes to adduce by way of such evidence; and

(b) where a request is made to him in that behalf by any other party to those proceedings, provide that party also with a copy of (or if it appears to the party proposing to adduce the evidence to be more practicable, a reasonable opportunity to examine) the record of any observation, test, calculation or other procedure on which such finding or opinion is based and any document or other thing or substance in respect of which any such procedure has been carried out.]

[ Prohibition on cross-examination of particular witness

44D

(1) An application by the prosecutor for a direction under Article 24 of the 1999 Order in relation to any witness shall be made by giving notice in writing to the chief clerk and at the same time the applicant shall serve a copy thereof on every other party to the proceedings.

(2) In an application under paragraph (1), the prosecutor shall state why, in his opinion—

(a) the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the defendant in person;

(b) the evidence would be improved if a direction were given Article 24(2) of the 1999 Order; and

(3) On receipt of the application, the chief clerk shall refer it—

(a) if the trial has started, to the trial judge;

(b) if the trial has not started when the application is received—

(i) to the judge who has been designated to conduct the trial; or

(ii) if no judge has been designated for that purpose, to such judge as may be designated for the purposes of hearing that application.

(4) Where a copy of a notice under paragraph (1) is served on a party to the proceedings more than 14 days before the date set for the trial to begin, that party may, within 14 days, make observations in writing in relation to the application to the chief clerk and shall serve a copy of such observations on every other party to the proceedings.

(5) A party on whom a copy of a notice is served in accordance with paragraph (1) may notify the chief clerk and every other party to the proceedings, in writing, of his opposition to the application and give reasons for it.

(6) Those reasons shall be notified—

(a) within 14 days of the date the notice of application was served on him, if that date is more than 14 days before the date set for the trial to begin;

(b) if the trial has begun, in accordance with any directions issued by the trial judge; or

(7) Where the application made in accordance with paragraph (1) is made before the date set for the trial to begin and the application—

(a) is not contested by any party to the proceedings, the Court may determine the application without a hearing;

(b) is contested by a party to the proceedings, the Court shall direct a hearing of the application.

(8) Where the application is made after the trial has begun—

(a) the application may be made orally; and

(b) the trial judge may give such directions as he considers appropriate to deal with the application.

(9) Where a hearing of the application is to take place, the chief clerk shall notify each party to the proceedings of the time and place of the hearing.

(10) A party notified in accordance with paragraph (9) may be present at the hearing and be heard.

(11) The chief clerk shall, as soon as reasonably practicable after the determination of an application made in accordance with paragraph (1), notify all the parties to the proceedings of the decision and the reasons for it.

(12) A person making an oral application under paragraph (8)(a) shall—

(a) give reasons why the application was not made before the trial commenced; and

(b) provide the Court with the information set out in paragraph (2).

Restrictions on cross-examination of witness by the accused person

44E

(1) This rule and rules 44F and 44G apply where a defendant is prevented from cross-examining a witness in person by virtue of Article 22, 23 or 24 of the 1999 Order.

(2) The Court shall as early in the proceedings as is reasonably practicable—

(a) explain to the defendant that he is prevented from cross-examining a witness in person; and

(b) invite him to arrange for a legal representative to act for him for the purpose of cross-examining the witness.

(3) The defendant shall within 7 days of the Court giving its explanation, or within such other period as the Court may in any particular case allow, give notice to the chief clerk as to whether or not he has arranged for a legal representative to act on his behalf.

(4) Where the defendant has arranged for a legal representative to act for him, the notice under paragraph (3) shall include details of the name and address of the representative.

(5) The chief clerk shall notify all other parties to the proceedings of the name and address of any person appointed by the defendant to act on his behalf.

(6) Where the Court gives its explanation under paragraph (2) to the defendant—

(a) within 7 days of the date set for the commencement of any hearing at which a witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies may be cross-examined, or

(b) after such a hearing has commenced,

the period of 7 days within which the defendant is required to give notice under paragraph (3) shall be reduced in accordance with any direction issued by the Court.

(7) Where at the end of the period of 7 days or such other period as the Court has allowed, the Court has not received notice from the defendant under paragraph (3), it may grant the defendant an extension of time, whether of its own motion or on the application of the defendant.

(8) Before granting an extension of time, the Court may direct a hearing at which all parties to the proceedings may attend and be heard.

(9) Any extension of time shall be for such period as the Court considers appropriate in the circumstances of the case.

(10) The decision of the Court as to whether or not to grant the defendant an extension of time shall be notified to all parties to the proceedings by the chief clerk.

Appointment by the Court

44F

(1) Where the Court decides, in accordance with Article 26(4) of the 1999 Order, to appoint a qualified legal representative, the chief clerk shall notify all parties to the proceedings of the name and address of that representative.

(2) An appointment made by the Court under Article 26(4) of the 1999 Order shall, except to such extent as the Court may in any particular case determine, terminate at the conclusion of the cross-examination of any witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies.

Appointment arranged by the defendant

44G

(1) The defendant may arrange for the qualified legal representative, appointed by the Court under Article 26(4) of the 1999 Order, to be appointed to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies.

(2) Where such an appointment is made—

(a) both the defendant and the qualified legal representative shall notify the Court of the appointment; and

(b) the qualified legal representative shall, from the time of his appointment, act for the defendant as though the arrangement had been made under Article 26(2)(a) of the 1999 Order and shall cease to be the representative of the Court under Article 26(4) of the 1999 Order.

(3) Where the Court received notification of the appointment either from the qualified legal representative or from the defendant but not from both, the Court shall investigate whether the appointment has been made, and if it concludes that the appointment has not been made, paragraph (2)(b) shall not apply.

(4) The defendant may, notwithstanding an appointment by the Court under Article 26(4) of the 1999 Order, arrange for a legal representative to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under Article 22, 23 or 24 applies.

(5) Where the defendant arranges for, or informs the Court of his intention to arrange for a legal representative to act for him, he shall notify the Court within such period as the Court may allow, of the name and address of any person appointed to act for him.

(6) Where the Court is notified within the time allowed that such an appointment has been made, any qualified legal representative appointed by the Court in accordance with Article 26(4) of the 1999 Order shall be discharged.

(7) The chief clerk shall as soon as reasonably practicable after notification is received by the Court, or where paragraph (3) applies, after the Court is satisfied that the appointment has been made, notify all the parties to the proceedings—

(a) that the appointment has been made;

(b) where paragraph (4) applies, of the name and address of the person appointed;

(c) that the person appointed by the Court under article 26(4) of the 1999 Order has been discharged or has ceased to act for the Court.

Procedure for applications in proceedings for sexual offences

44H

(1) Subject to paragraph (10), an application under Article 28(2) of the 1999 Order for leave to adduce evidence of, or ask questions about, any sexual behaviour of a complaint shall be made by giving to the chief clerk notice in writing and shall—

(a) be made within 28 days from the date—

(i) of the committal of the defendant; or

(ii) on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given; or

(iii) on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given; or

(iv) on which an order for retrial is made; or

(b) be accompanied by a full written explanation specifying the reasons why the application could not have been made within the specified period.

(2) An application under paragraph (1) shall contain the following—

(a) a summary of the evidence it is proposed to adduce and of the questions it is proposed to put to any witness;

(b) a full explanation of the reasons why it is considered that the evidence and questions fall within Article 28(3) or (5) of the 1999 Order;

(d) where it is proposed that a witness at the trial give evidence as to the complainant's sexual behaviour, the name and date of birth of any such witness.

(3) A copy of the application under paragraph (1) shall be served, by the applicant, on every other party to the proceedings at the same time as it is served on the chief clerk.

(4) The prosecutor shall notify the chief clerk and the other parties to the proceedings—

(a) whether or not he opposes the application, giving reasons for any such position, and

(b) whether or not he wishes to be represented at any hearing of the application,

and where the notice of application is received by the prosecutor more than 14 days before the date set for the trial to begin, the notification must be served by the prosecutor within 14 days of receipt.

(5) Where a copy of the application is received by a party to the proceedings other than the prosecutor more than 14 days before the date set for the trial to begin, that party may, within 14 days, make observations in writing in relation to the application to the chief clerk and shall serve a copy of such observations on every other party to the proceedings.

(6) In considering any application under this rule, the Court may request a party to the proceedings to provide the Court with such information as it may specify and which the Court considers would assist in the determining the application.

(7) Where the Court makes such a request, the person required to provide the information shall do so within 14 days of the Court making the request or by such time as the Court considered appropriate in the circumstances of the case.

(8) An application under paragraph (1) shall be determined by a judge following a hearing.

(9) The date and time of the hearing shall be—

(a) determined by the chief clerk after taking into consideration—

(i) any time which a party to the proceedings has been given to respond to a request for information; and

(ii) the date fixed for any other hearing relevant to the proceedings; and

(b) notified by the chief clerk to all the parties to the proceedings.

(10) An application under Article 28(2) of the 1999 Order may be made orally to the trial judge where the application is made after the trial has begun.

(11) The person making the application under paragraph (10) shall—

(a) give reasons why the applicant failed to make the application in accordance with paragraph (1); and

(12) The chief clerk shall, as soon as reasonably practicable after the hearing of an application under paragraph (1), give notice of the decision of the judge to all the parties to the proceedings.".]

[ Application for reporting direction

44I

(1) An application by a party to any criminal proceedings for a reporting direction under section 46 of the 1999 Act in relation to a witness in those proceedings may be made at any time after the commencement of the proceedings by giving notice in writing which shall be in Form 7A in the Schedule.

(2) For the purpose of this rule, rule 44J and rule 44K, proceedings commence on the date—

(a) of the committal of the defendant; or

(b) on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given, or

(c) on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given, or

(d) on which an order for retrial is made.

(3) The notice under paragraph (1) shall be served on the chief clerk, and at the same time a copy thereof shall be served, by the applicant, on every other party to the proceedings.

(4) Any party who wishes to oppose the application shall, within 7 days of the date that notice of the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition giving reasons for it.

(5) In order to comply with paragraph (4) a party shall state in the written notification whether he—

(a) disputes that the witness is eligible for protection under section 46 of the 1999 Act; and

(b) disputes that the granting of protection would be likely to improve the quality of evidence given by the witness or the level of co-operation given by the witness to any party to the proceedings in connection with the party's preparation of its case.

Application for excepting direction

44J

(1) An application for a direction under section 46(9) of the 1999 Act (“an excepting direction”) may be made at any time after the commencement of the proceedings if a reporting direction has been given by the Court in respect of a witness in those proceedings.

(2) The application under paragraph (1) may be made by—

(a) Any party to those proceedings; or

(b) any person who, although not a party to the proceedings, is directly affected by a reporting direction given in relation to a witness in those proceedings or could be so affected if the Court in determining an application gave a reporting direction.

(3) An application for an excepting direction may be made—

(a) orally at the time the reporting direction is given; or

(b) by giving notice in writing which shall be in Form 7B in the Schedule.

(4) An applicant for an excepting direction shall state why, in his opinion—

(a) the effect of the restrictions imposed (or which the applicant for the reporting direction seeks to have imposed) places a substantial and unreasonable restriction on the reporting of the proceedings; and

(b) it is in public interest to remove or relax those restrictions.

(5) Where the application for an excepting direction is made in writing, the notice under paragraph (3)(b) shall be served on the chief clerk, and at the same time a copy thereof shall be served, by the applicant, on every other party or, as the case may be, every party to those proceedings.

(6) Any party who wishes to oppose the application shall, within 7 days of the date that notice of the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition giving reasons for it.

Variation or revocation

44K

(1) An application to—

(a) revoke a reporting direction; or

(b) vary or revoke an excepting direction,

may be made at any time after the commencement of the proceedings.

(2) The application under paragraph (1) may be made by—

(a) any party to the proceedings in which the direction was given; or

(b) any person who, although not a party to those proceedings is, in the opinion of the Court, directly affected by the direction.

(3) The application under paragraph (1) shall be made by giving notice in writing which shall be in Form 7C in the Schedule which—

(a) shall specify the grounds upon which the applicant seeks to have the direction varied or, as the case may be, revoked; and

(b) shall be served, by the applicant, on the chief clerk and on every other party or, as the case may be, every party to the proceedings.

(4) Any party who wishes to oppose the application shall, within 7 days of the date the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it.

Hearings

44L

(1) Subject to paragraph (2), the Court may—

(a) determine any application made under rule 44I, 44J or 44K without a hearing; or

(b) direct a hearing of any such application.

(2) Where a party to the proceedings notifies the chief clerk of his opposition to an application under rule 44I, 44J or, as the case may be, 44K, the Court shall direct a hearing of that application.

(3) Where a hearing of an application is to take place in accordance with this rule, the chief clerk shall notify each party to the proceedings of the time and place of the hearing.

(4) A party notified in accordance with paragraph (3) may be present at the hearing and be heard.

(5) Before determining an application, the Court may hear and take into account representation made to it by any person who in the Court's opinion has a legitimate interest in the application before it.

(6) The chief clerk shall, as soon as reasonably practicable after the determination of an application under rule 44I, 44J or 44K, notify all the parties to the proceedings of the decision of the Court in Form 7D in the Schedule.

Hearings in camera

44M

(1) If any proceedings a prosecutor or defendant has served notice under rule 44A(1) of his intention to apply for an order that all or part of a trial be held in camera, any application under rule 44I, 44J or 44K relating to a witness in those proceedings need not identify the witness by name or date of birth.]

[ Procedure for the admission of evidence of bad character

44N

(1) A party who wants to adduce evidence of a non-defendant's bad character or to cross examine a witness with a view to eliciting such evidence, under Article 5 of the 2004 Order shall give notice in writing which shall be in Form 7E in the Schedule.

(2) Notice under paragraph (1) shall be served on the chief clerk and every other party to the proceedings—

(a) within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996⁵¹ (disclosure by the prosecutor); or

(b) as soon as is reasonably practicable, where the application concerns a non-defendant who is to be invited to give, or has given, evidence for a defendant.

(3) Any party who wishes to oppose the application under paragraph (1) shall, within 14 days of the date on which the notice of the application was served on him, notify the chief clerk and every other party to the proceedings, in writing, of his opposition, giving reasons for it.

(4) A prosecutor who wants to adduce evidence of a defendant's bad character or to cross examine a witness with a view to eliciting such evidence, under Article 6 of the 2004 Order, shall give notice in writing which shall be in Form 7F in the Schedule.

(5) Notice under paragraph (4) shall be served on the chief clerk and every other party to the proceedings within 14 days from the date—

(a) of the committal of the defendant; or

(b) on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988⁵² or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995⁵³ was given; or

(c) on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969⁵⁴ was given, or

(d) on which an order for retrial is made.

(6) A co-defendant who wants to adduce evidence of a defendant's bad character or to cross examine a witness with a view to eliciting such evidence, under Article 6 of the 2004 Order shall give notice in writing which shall be in Form 7F in the Schedule.

(7) Notice under paragraph (6) shall be served on the chief clerk and every other party to the proceedings within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by the prosecutor).

(8) An application by a defendant to exclude bad character evidence shall be by notice in writing which shall be in Form 7G in the Schedule and shall be served on the chief clerk and on every other party to the proceedings within 7 days of the date that notice under paragraph (4) or paragraph (6) was served on him.

(9) A defendant who is entitled to have notice served on him under this rule may waive his entitlement by so informing the Court and the party who would have served the notice.

(10) The Court may, if it considers that it is in the interests of justice to do so—

(a) allow notice or application required under this rule to be given in a different form, or orally; or

(b) abridge or extend the time for service of a notice or application required under this rule, either before or after that period expires.

Procedure for the admission of hearsay evidence

44O

(1) This rule shall apply where a party wishes to adduce evidence on one or more of the grounds set out in Article 18(1)(a) to (d) of the 2004 Order and in this rule, such evidence is referred to as “hearsay evidence”.

(2) A prosecutor who wants to adduce hearsay evidence shall give notice in writing which shall be in Form 7H in the Schedule.

(3) Notice under paragraph (2) shall be served on the chief clerk and every other party to the proceedings within 14 days from the date of—

(a) the committal of the defendant;

(b) service of a notice of transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988⁵⁵ (serious fraud cases) or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995⁵⁶ (certain cases involving children); or

(c) the grant of leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969⁵⁷; or

(d) the making of an order for retrial.

(4) A defendant who wants to adduce hearsay evidence shall give notice in writing which shall be in Form 7H in the Schedule.

(5) Notice under paragraph (4) shall be served on the chief clerk and every other party to the proceedings within 14 days from the date on which the prosecutor has complied with or purported to comply with section 3 of the Criminal procedure and Investigations Act 1996⁵⁷ (disclosure by prosecutor).

(6) Any party who wishes to oppose the application under paragraph (2) or (4) shall, within 14 days of the date the notice of the application was served on him, notify the chief clerk and every other party to the proceedings, in writing in Form 7I in the Schedule, of his opposition.

(7) A party who is entitled to have notice served on him under this rule may waive his entitlement by so informing the Court and the party who would have served the notice.

(8) The Court may, if it considers that it is in the interests of justice to do so,—

(a) dispense with the requirement to give notice of intention to adduce hearsay evidence;

(b) allow notice required under this rule to be given in a different form, or orally; or

(c) abridge or extend the time for service of a notice required under this rule, either before or after that period expires.]

[ Evidence by live link where witness is outside the United Kingdom

44P

(1) An application for leave under Article 80A(3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 for a witness (other than the accused) who is outside the United Kingdom to give evidence through a live link shall be made by giving notice in writing which shall be in Form 7J in the Schedule.

(2) The notice under paragraph (1) shall be served on the chief clerk and every other party to the proceedings within 28 days from the date—

(a) of the committal of the defendant; or

(b) on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988⁵⁹ or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995⁶⁰ was given; or

(c) on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969⁶¹ was given; or

(d) on which an order for retrial is made.

(3) Any party who wishes to oppose the application under paragraph (1) shall, within 14 days of the date on which notice of the application was served on him, notify the chief clerk and every other party to the proceedings in writing, of his opposition giving reasons for it.

(4) Except where notice is received in accordance with paragraph (3), the Court may—

(a) determine the application in favour of the applicant without a hearing; or

(b) direct a hearing.

(5) Where a party to the proceedings notifies the chief clerk in accordance with paragraph (3) of his opposition to the application, the Court shall direct a hearing of the application.

(6) Where a hearing is to take place in accordance with paragraphs (4) or (5), the chief clerk shall notify each party to the proceedings of the time and place of the hearing.

(7) A party notified in accordance with paragraph (6) may be present at the hearing and be heard.

(8) The chief clerk shall, as soon as reasonably practicable after determination of an application under paragraph (1), notify all parties of the decision of the court in Form 7K and, where leave is granted, the notification shall state—

(a) the country in which the witness will give evidence;

(b) if known, the place where the witness will give evidence;

(c) where the witness is to give evidence on behalf of the prosecutor or where the disclosure is required by section 5(7) of the Criminal Procedure and Investigations Act 1996⁶² (alibi), the name of the witness;

(d) the location of the Court at which the trial will be held; and

(e) any conditions specified by the Court in accordance with paragraph (9).

(9) In determining an application under paragraph (1), the Court may specify that as a condition of the grant of leave the witness should give evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the Court may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence.

(10) The Court may, if it considers that it is in the interests of justice to do so—

(a) allow a notice required under this rule to be given in a different form, or orally; or

(b) abridge or extend the time for service of a notice required under this rule, either before or after that period expires.]

[ Evidence by live link by witness (other than the defendant)

44Q

(1) An application for a direction under Article 10 of the Criminal Justice (Northern Ireland) Order 2004 for a witness (other than the defendant) to give evidence through a live link shall be made by giving notice in writing which shall be in Form 7L.

(2) The application under paragraph (1) shall be made within 28 days from the date—

(a) of the committal of the defendant; or

(b) on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988⁶⁴ or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995⁶⁵ was given; or

(c) on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969⁶⁶ was given; or

(d) on which an order for retrial is made; or

(e) on which a plea of guilty was entered.

(3) The notice under paragraph (1) shall be served on the chief clerk and at the same time a copy thereof shall be served on every other party to the proceedings.

(4) Any party who wishes to oppose the application shall, within 14 days of the date that notice under paragraph (1) was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it.

(5) Except where notice is received in accordance with paragraph (4), the Court may—

(a) determine the application in favour of the applicant without a hearing; or

(b) direct a hearing.

(6) Where a party to the proceedings notifies the chief clerk in accordance with paragraph (4) of his opposition to the application, the Court shall direct a hearing of the application.

(7) Where a hearing is to take place in accordance with paragraphs (5) or (6), the chief clerk shall notify each party to the proceedings of the time and place of the hearing.

(8) A party notified in accordance with paragraph (7) may be present at the hearing and be heard.

(9) The chief clerk shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 7M in the Schedule, and, where a direction is given, the notification shall state—

(a) if known, the place where the witness will give evidence;

(b) where the witness is to give evidence on behalf of the prosecutor or where disclosure is required by section 6A(2) of the Criminal Procedure and Investigations Act 1996, the name of witness;

(d) any conditions specified by the Court in accordance with paragraph (10).

(10) In determining an application under paragraph (1), the Court may specify that as a condition of the direction, the witness should give evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the Court may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence.

(11) The Court may, if it considers that it is in the interests of justice to do so—

(a) allow a notice or application required under this Rule to be given in a different form, or orally; or

(b) abridge or extend the time for service of a notice or application required under this Rule, either before or after that period expires.

Application for rescission of a direction

44R

(1) An application to rescind a direction for a witness to give evidence through a live link under Article 11(5)(a) of the Criminal Justice (Northern Ireland) Order 2004 shall be made in writing and shall specify each material change of circumstances which the applicant alleges has occurred since the direction was made.

(2) An application under paragraph (1) shall be served on the chief clerk and on every other party to the proceedings as soon as is reasonably practicable after the change in circumstances occurs.

(3) Any party on whom a copy of the notice under paragraph (2) is served may oppose the application on the ground that it discloses no material change of circumstances.

(4) Paragraphs (4)-(9) and (11) of Rule 44Q shall apply to an application to rescind a live link direction as they apply to an application for a live link direction.

Application by the accused for live link direction

44S

(1) An application by the accused for a live link direction under Article 21A of the 1999 Order shall be made by giving notice in writing, which shall be in Form 7N.

(2) The application under paragraph (1) shall be made within 28 days from the date—

(a) of the committal of the defendant; or

(b) on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given; or

(c) on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given; or

(d) on which an order for retrial is made; or

(e) on which a plea of guilty was entered.

(3) The notice under paragraph (1) shall be served on the chief clerk and at the same time a copy thereof shall be served on every other party to the proceedings.

(4) Any party on whom a copy of the notice of the application under paragraph (1) is served may oppose the application for a live link direction, whether or not the question of whether the conditions set out in Article 21A(4) or (5) of the 1999 Order is in issue.

(5) Any party who wishes to oppose the application shall, within 14 days of the date the notice under paragraph (1) was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it.

(6) In order to comply with paragraph (5), a party shall state in the written notification whether he disputes that—

(a) the accused is eligible for a live link direction by virtue of Article 21A(4) or (5) of the 1999 Order; and

(b) it is in the interests of justice for the accused to give evidence through a live link.

(7) Except where notice is received in accordance with paragraph (5), the Court may—

(a) determine the application in favour of the applicant without a hearing; or

(b) direct a hearing.

(8) Where a party to the proceedings notifies the chief clerk in accordance with paragraph (5) of his opposition to the application, the Court shall direct a hearing of the application.

(9) Where a hearing of the application is to take place in accordance with paragraphs (7) or (8), the chief clerk shall notify each party to the proceedings of the time and place of the hearing.

(10) A party notified in accordance with paragraph (9) may be present at the hearing and be heard.

(11) The chief clerk shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 7O.

(12) The Court may, if it considers that it is in the interests of justice to do so—

(a) allow a notice or application required under this Rule to be given in a different form, or orally; or

(b) abridge or extend the time for service of a notice or application required under this Rule, either before or after that period expires.

(13) Where a live link direction is made enabling the accused to give evidence by means of a live link, he shall be accompanied at the live link only by persons acceptable to a judge of the Crown Court.

Discharge of live link direction

44T

(1) Subject to paragraph (3), an application to discharge a live link direction under Article 21A(7) of the 1999 Order shall be made in writing.

(2) An application under paragraph (1) shall be served on the chief clerk and on each party to the proceedings as soon as reasonably practicable.

(3) Paragraphs (4) to (12) of Rule 44S shall apply to an application to discharge a live link direction as they apply to an application for a live link direction.

[ Application by the accused for a direction allowing the examination of the accused through an intermediary

44U

(1) An application by the accused for direction allowing the accused to be examined through an intermediary under Article 21BA of the 1999 Order shall be made in Form 7N and shall include—

(a) the information sought in Part C of Form 7N; and

(b) any relevant report, including an intermediary's assessment.

(2) The application under paragraph (1) shall be made within 28 days from the date—

(a) of the committal of the defendant; or

(b) on which the Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given; or

(c) on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given; or

(d) on which an order for retrial is made.

(3) The notice under paragraph (1) shall be served on the chief clerk and at the same time a copy thereof shall be served on every other party to the proceedings.

(4) Any party on whom a copy of the notice of the application under paragraph (1) is served may oppose the application for a direction allowing the use of an intermediary, whether or not the question of the conditions set out in Article 21BA (5) or (6) of the 1999 Order for the use of an intermediary is in issue.

(5) Any party who wishes to oppose the application shall, within 14 days of the date the notice under paragraph (1) was served on him, notify the applicant and the chief clerk in writing of his opposition and give reasons for it.

(6) In order to comply with paragraph (5), a party shall state in the written notification whether he disputes that—

(a) the accused is eligible for a direction allowing the use of an intermediary by virtue of Article 21BA (5) or (6) of the 1999 Order as appropriate; and

(b) allowing the accused to be examined through an intermediary is necessary in order to ensure that the accused receives a fair trial.

(7) Except where notice is received in accordance with paragraph (5), the Court may—

(a) determine the application in favour of the applicant without a hearing; or

(b) direct a hearing.

(8) Where a party to the proceedings notifies the chief clerk in accordance with paragraph (5) of his opposition to the application, the Court shall direct a hearing of the application.

(9) Where a hearing of the application is to take place in accordance with paragraph (7) or (8), the chief clerk shall notify each party to the proceedings of the time and place of the hearing.

(10) A party notified in accordance with paragraph (9) may be present at the hearing and be heard.

(11) The chief clerk shall, as soon as practicable, after the determination of an application under paragraph (1), notify all the parties of the decision in Form 7P.

(12) The Court may, if it considers that it is in the interests of justice to do so—

(a) allow a notice or application required under this Rule to be given in a different form, or orally; or

(b) abridge or extend the time for service of a notice or application required under this Rule, either before or after that period expires.

Discharge or variation of a direction allowing the examination of accused by an intermediary

44V

(1) Subject to paragraph (3), an application to discharge or vary a direction allowing the examination of the accused by an intermediary shall be made in writing.

(2) Any application under paragraph (1) shall be served on the chief clerk and on each party to the proceedings as soon as reasonably practicable.

(3) Paragraphs (4) to (12) of Rule 44U shall apply to an application to discharge or vary a direction allowing the examination of the accused by an intermediary as they apply to an application for such a direction.

Declaration by an intermediary acting for either a witness or an accused

44W

(1) The declaration required to be taken by an intermediary under Article 17(5) or 21BA (9) of the 1999 Order shall be as set out in Form 7Q.

(2) A copy of the declaration made by the intermediary shall be served on the chief clerk and on each party to the proceedings at the time an application for the use of an intermediary under rule 44B or rule 44U is being made, or as soon as reasonably practicable thereafter.]

Variation or rescission of sentence or order under section 49

[ Manner of application where no other procedure specified

Service of documents

[ Excusing of jurors

47A

(1) Subject to paragraphs (2) to (4) the powers of a judge under Article 10 and 11(1) of the 1996 Order may be exercised by the Juries Officer.

(2) A person dissatisfied with a decision of a Juries Officer made under Article I O or 11 (1) of the 1996 Order and this rule may appeal to a judge in accordance with paragraph (3).

(3) An appeal under this rule shall be commenced by the appellant giving notice of appeal to the Juries Officer and such notice shall be in writing and shall specify the matters upon which the appellant relies in support of his appeal.

(4) A judge shall not dismiss an appeal under this rule unless the appellant has been given an opportunity of making representations.

(5) Where an appeal under this rule is decided in the absence of the appellant, the Juries Officer shall notify him of the decision without delay.

(6) In this rule—

[⁷⁰ “division” means an administrative court division specified under section 2(2)(a) of the Justice Act (Northern Ireland) 2015 for all purposes of a county court or, if different administrative court divisions are specified for different purposes of a county court, an administrative court division specified under section 2(2)(c) of that Act for the residual purposes of the court;]

“Juries Officer” means the Juries Officer designated under Article 2(2) of the 1996 Order for the [⁷¹...] division in which the person is summoned for jury service under Article 8 of the 1996 Order;

“the 1996 Order” means the Juries (Northern Ireland) Order 1996.]

[⁷²...]

[ Assistance with communication for a defendant who does not speak English or who has a hearing or speech impediment.]

47B

(1) In this Rule—

(a) references to a defendant who needs interpretation mean—

(i) a defendant who needs interpretation because he does not speak or understand English; or

(ii) a defendant who needs assistance because he has a speech or hearing impediment;

(b) where a defendant has a hearing or speech impediment, references to an interpreter include a person appointed—

(i) to communicate to the defendant anything said at the hearing and explain it so far as is necessary for the defendant to understand it; or

(ii) to communicate any answers given by the defendant, and any other matters that the defendant seeks to convey, and explain them so far as is necessary to enable the court and others present at the hearing to understand them,

and references to interpretation shall be construed accordingly;

(c) references to acting at a hearing include assisting the defendant to communicate with his legal representative during the hearing and in relation to such assistance, paragraph (1)(b)(ii) has effect as if the reference to the court and others present at the hearing were to the legal representative.

(2) Where a defendant who needs interpretation is due to be present at a hearing, the chief clerk shall appoint an interpreter to act at the hearing.

(3) Before an interpreter begins to act at a hearing, an oath or affirmation shall be administered to the interpreter.

(4) Before an interpreter is sworn or makes his affirmation, the interpreter's name shall be read out, and any party to the proceedings may object to the interpreter on any reasonable ground.

(5) If the court upholds an objection made under paragraph (4), the interpreter shall not be sworn or make his affirmation and the chief clerk shall appoint another interpreter.

(6) Where, on application or of its own motion, the court is satisfied that a document is essential, it shall order that a written translation of the document, or a relevant passage thereof, is provided to a defendant who needs interpretation unless—

(a) the defendant unequivocally and voluntarily waives his right to translation and has had legal advice or otherwise has full knowledge of the consequences of such a waiver; or

(b) provision of an oral translation or oral summary of the document, or the passage thereof, would not prejudice the fairness of the proceedings.

(7) On application, the court may give any direction which it considers appropriate where—

(a) no interpreter has been appointed by the chief clerk;

(b) on a previous application under paragraph (6), the court determined that there was no need for translation of the document, or a passage thereof, specified in the application; or

(c) a defendant who needs interpretation submits that the quality of interpretation or translation is not sufficient to safeguard the fairness of the proceedings.

(8) The chief clerk shall record—

(a) the identity of any interpreter appointed to act at a hearing;

(b) any decision to provide an oral translation or oral summary of an essential document or a passage thereof;

(d) any direction given under paragraph (7).

Annulment of Indictments Rules (Northern Ireland) 1977

Repeal

[PART VII — APPLICATIONS UNDER THE PROCEEDS OF CRIME (NORTHERN IRELAND) ORDER 1996

Interpretation

51

In this Part of these Rules:—

“the 1996 Order” means the Proceeds of Crime (Northern Ireland) Order 1996⁷⁷; an Article referred to by number is a reference to the Article so numbered in the 1996 Order; and expressions which are defined in the 1996 Order have the same meaning as in the 1996 Order.

Statements, etc in connection with the making of confiscation orders under the 1996 Order

52

(1) Where a defendant has been convicted of an offence to which the 1996 Order applies and the prosecutor or the defendant is required, or proposes, to give to the Court any statement or other document under Article 15 (provision of information by the prosecution) or Article 16 (provision of information by the defendant) he shall serve it within such time as the Court may direct on the chief clerk and at the same time serve a copy thereof on the opposite party.

(2) Any statement given to the Court by the prosecutor or the defendant under Article 15 or 16 shall include the following particulars—

(a) the name of the defendant and the Crown Court case number;

(b) the name of the person by whom the statement is given and, if different, the name of the person by whom it is made;

(d) the facts relied on in support of any allegation made or matter indicated.

(3) Where in accordance with Article 15(3) the defendant is required to indicate the extent to which he accepts any allegation contained within a statement given by the prosecutor, he must indicate so in writing to the chief clerk, and at the same time serve a copy on the prosecutor.

(4) Where the prosecutor intends to indicate the extent to which he accepts any allegation contained within a statement given by the defendant under Article 15 or 16, he must indicate so in writing to the chief clerk, and at the same time serve a copy on the defendant.

Application for increase in term of imprisonment in default of payment

53

(1) The following provisions of this rule shall have effect for the purposes of applications under Article 14(2).

(2) Notice of application under Article 14(2) to increase the term of imprisonment or detention fixed in default of payment of the confiscation order by a person (“the defendant”) shall be made by the prosecutor in writing to the chief clerk at the place where the confiscation order was made.

(3) The notice under paragraph (2) shall—

(a) state the name and address of the defendant;

(b) specify the grounds of the application;

(d) include a copy of the confiscation order.

(4) On receiving a notice under paragraph (2) the chief clerk shall—

(a) forthwith send to the defendant a copy of the said notice; and

(b) notify in writing the applicant and the defendant of the date, time and place appointed for hearing of the application.

(5) Where the Court makes an order pursuant to an application under Article 14(2), the chief clerk shall forthwith send a copy of the order—

(a) to the applicant;

(b) to the defendant;

Investigations - discharge and variation of order

54

(1) Where an order has been made under Article 50(2), the person required to comply with the order may apply to the county court judge who made the order or, where that judge is not available, to any other county court judge, to have the order discharged or varied.

(2) An application under paragraph (1) shall be made in writing, setting out the grounds of the application and shall be served on—

(a) the chief clerk [⁷⁸...] and

(b) the constable [ or the financial investigator⁷⁹] who obtained the order.

(3) The application may be determined by the judge either with or without a hearing and if a hearing is directed the chief clerk shall notify the parties of the time and place of the hearing.

Postponement of confiscation orders

54A

(1) Notice of application by the defendant or prosecutor under Article 11(5) asking the Court to exercise its powers under Article 11(1) or (4), shall be made in writing to the chief clerk of the Court at the place where the defendant was convicted.

(2) On receiving a notice under paragraph (1), the chief clerk shall forthwith send a copy of the notice to the opposite party who shall within 28 days notify the applicant and the chief clerk, in writing, whether or not he proposes to oppose the application, giving the reason for any such opposition.

(3) After the expiry of the period referred to in paragraph (2), the Court shall determine whether an application under paragraph (1) is to be dealt with—

(a) without a hearing, or

(b) at a hearing at which the parties may be represented, and the chief clerk, shall inform the parties accordingly.

(4) Where the Court makes an order pursuant to an application under Article 11 (5), the chief clerk shall forthwith send a copy of the order to the applicant and to the other party.

Confiscation - revised assessments

54B

(1) A notice of application by the prosecutor under Article 17, 18 or 19, shall be made in writing to the chief clerk of the Court at the place where the defendant was convicted.

(2) The notice under paragraph (1) shall—

(a) state the name of the defendant and the Crown Court case number;

(b) give the date on which any relevant conviction occurred;

(d) specify the grounds on which the application is made; and

(e) give an indication of the evidence available to support the application.

(3) On receiving a notice under paragraph (1) the chief clerk shall—

(a) forthwith send to the defendant a copy of the said notice; and

(b) notify in writing the applicant and the defendant of the date, time and place appointed for the hearing of the application.

(4) Where the Court makes an order pursuant to an application under Article 17, 18 or 19, the chief clerk shall forthwith send a copy of the order to the applicant and to the defendant.

Compensation where absconder is acquitted

54C

Where the Court cancels a confiscation order under Article 27, the chief clerk shall give notice to that effect to the Master (Queen's Bench and Appeals) in the High Court.]

[PART VIII — APPLICATIONS UNDER THE CRIME (INTERNATIONAL CO-OPERATION) ACT 2003

Interpretation

55

In this Part of these Rules—

“the Act” means the Crime (International Co-operation) Act 2003⁸¹, a reference to a section or a Schedule by a number is a reference to the section or Schedule so numbered in the Act; and expressions which are defined in the Act have the same meaning as in the Act.

[⁸² chief clerk" means the chief clerk of the Court at the place where the proceedings under the Crime (International Co-operation) Act 2003 are to be heard and includes such other civil servant in the Department of Justice as may be authorised to act on his behalf for the purpose in question.]

Notice required to accompany process served outside the United Kingdom

56

(1) The notice which by virtue of section 3(4)(b) shall accompany any process served outside the United Kingdom shall, so far as is reasonably practicable, give the information specified in paragraphs (2) and (4).

(2) The notice shall—

(a) state that the person required by the process to appear as a party or attend as a witness may obtain information about his rights in connection with such requirement from the relevant authority; and

(b) give the particulars specified in paragraph (4) about that authority.

(3) The “relevant authority” where the process is served—

(a) at the request of the prosecuting authority, is that prosecuting authority

(b) at the request of the defendant, or of the prosecutor in the case of a private prosecution, is the Court by which the process is served.

(4) The particulars referred to in paragraph (2) are—

(a) the name and address of the prosecuting authority or, as the case may be, the Court, together with its telephone and fax numbers and e-mail address:

(b) the name of a person at the prosecuting authority or, as the case may be, the Court who can provide the information referred to in paragraph (2)(a), together with his telephone and fax numbers and e-mail address.

(5) Where selection 3(3) applies, the chief clerk shall require any process served outside the United Kingdom to be accompanied by—

(a) any translation which is provided under section 3(3)(b); and

(b) any translation of the information required to be given by this rule which is provided to him.

Proof of service outside the United Kingdom

57

(1) The service on any person under section 4(1) of any process issued or made may be proved in any proceedings by a certificate given by or on behalf of the Secretary of State.

(2) A statement in any such certificate as is mentioned in paragraph (1)—

(a) that a process has been served;

(b) of the manner in which service was effected;

shall be admissible as evidence of any facts so stated.

Notice of application for request for assistance

58

(1) An application under section 7(1) (requests for assistance in obtaining evidence abroad) shall, subject to paragraph (2), be made by giving notice in writing to the chief clerk and shall—

(a) state the particulars of the offence which it is alleged has been committed or the grounds upon which it is suspected that an offence has been committed;

(b) state whether proceedings in respect of the office have been instituted or the office is being investigated; and

(2) The judge may direct that paragraph (1) need not be complied with if he is satisfied that the applicant has good reason to make the application as soon as possible and it is not practicable to comply with that paragraph.

[⁸³...]

Notice of application for a domestic freezing order

58A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation or revocation of a domestic freezing order

58B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings before a nominated court

59

In proceedings before a nominated court pursuant to a notice under section 15(1), the Court may—

(a) determine who may appear to take part in the proceedings under Schedule 1 and whether a party to the proceedings is entitled to be legally represented; and

(b) if it thinks it necessary to do so in the interests of justice, direct that all or any persons not being members or officers of the Court or parties to the proceedings, their solicitors or counsel, or other persons directly concerned in the proceedings, be excluded from the Court during the proceedings.

Record of proceedings before a nominated court

60

(1) In proceedings before a court nominated pursuant to a notice under section 15(1), the chief clerk shall make a record of the evidence received by the Court and the information prescribed in paragraph (2).

(2) The information referred to in paragraph (1) is—

(a) details of the request in respect of which the notice under section 15(1) was given;

(b) the date on which, and place at which, the proceedings under Schedule 1 in respect of that request took place;

(d) the name of any person who took part in the proceedings as a legal representative or as an interpreter;

(e) whether a witness was required to give evidence on oath or after making a solemn affirmation; and

(f) whether the opportunity to cross-examine any witness was refused.

(3) When the Court sends the evidence received by it under paragraph 6(1) of Schedule 1 to the court or authority that made the request or to the territorial authority for forwarding to the court or authority that made the request, the chief clerk shall send to the court, authority or, as the case may be, territorial authority a copy of an extract so much of the record as relates to the proceedings in respect of that request.

Consideration of an overseas freezing order

60A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Release of evidence subject to an overseas freezing order

60B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpreter for the purposes of proceedings involving a television ... or telephone link

61

(1) This rule applies where the court nominated under section 30(3) (hearing witnesses in the UK through television links) ... or section 31(4) (hearing witnesses in the UK by telephone) is a Crown Court.

(2) Where it appears to the chief clerk that the witness to be heard in the proceedings under Part 1 ... or 2 of Schedule 2 (“the relevant proceedings”) is likely to give evidence in a language other than English, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into English.

(3) Where is appears to the chief clerk that the witness to be heard in the relevant proceedings is likely to give evidence in a language other than that in which the proceedings of the court referred to in section 30(1) ... or, as the case may be, section 31(1) (“the external court”) will be conducted, he shall make arrangement for an interpreter to be present at the relevant proceedings to translate what is said into the language in which the proceedings of the external court will be conducted.

(4) Where the evidence in the relevant proceedings is given in a language other than English and is not translated into English by an interpreter, the Court shall adjourn the proceedings until such time as an interpreter can be present to provide a translation into English.

Record of television link before a nominated court

62

(1) In proceedings before a court nominated pursuant to a notice under section 30(3), the chief clerk shall make a record of the evidence given in the presence of the Court and the information prescribed in paragraph (2).

(2) The information referred to in paragraph (1) is—

(a) details of the request in respect of which the notice under section 30(3) was given;

(b) the date on which, and place at which, the proceedings under Part 1 of Schedule 2 in respect of that request took place;

(d) the name of the witness who gave evidence;

(e) the name of any person who took part in the proceedings as a legal representative or as an interpreter; and

(f) the language in which the evidence was given.

(3) As soon as is reasonably practicable after the proceedings under Part 1 of Schedule 2, the chief clerk shall send to the external authority that made the request a copy of an extract of so much of the record as relates to the proceedings in respect of that request.

Record of telephone link before a nominated court

62A

(1) In proceedings before a court nominated pursuant to a notice under section 31(4), the chief clerk shall make a record of the evidence given in the presence of the Court and the information prescribed in paragraph (2).

(2) The information referred to in paragraph (1) is—

(a) details of the request in respect of which the notice under section 31(4) was given;

(b) the date on which, and place at which, the proceedings under Part 2 of Schedule 2 took place;

(d) the name of any person who took part in the proceedings as a legal representative or as an interpreter; and

(e) the language in which the evidence was given.

(3) As soon as is reasonably practicable after the proceedings under Part 2 of Schedule 2, the chief clerk shall send to the external authority that made the request a copy of an extract of so much of the record as relates to the proceedings in respect of that request.

Restriction on access to records kept under rules 60, 62, and 62A

62B

The records kept under rules 60, 62 and 62A shall not be open to inspection by any person except—

(a) as authorised by the Secretary of State; or

(b) with leave of the Court.]

[PART IX — DEVOLUTION ISSUES UNDER SCHEDULE 10 TO THE NORTHERN IRELAND ACT 1998

Interpretation

63

(1) ⁸⁵In this Part—

“the appropriate Minister or department” means—the First Minister and the Deputy First Minister acting jointly; orwhere they, acting jointly, determine under paragraph 36 of Schedule 10 that any power conferred on them by that Schedule in relation to any specified proceedings may be exercised by a specified Minister or Northern Ireland department, that Minister or department; and for this purpose “specified” means specified in a determination under that paragraph;

“devolution issue” means a devolution issue within the meaning of Schedule 10;

“the Judicial Committee” means the Judicial Committee of the Privy Council;

“Schedule 10” means Schedule 10 to the Northern Ireland Act 1998⁸⁶.

Raising of devolution issue on trial on indictment

64

(1) ⁸⁵Where the party to a trial on indictment proposes to raise a devolution issue, he shall lodge a notice in Form 8 with the chief clerk and serve it on each of the other parties to the proceedings setting out the facts and circumstances and points of law on the basis of which it is alleged that the devolution issues arises in sufficient details to enable the Court to determine whether such an issue arises in the proceedings.

(2) In paragraph (1) “a party to a trial on indictment” means the prosecutor or the defendant in proceedings in the Court whether before or after arraignment.

(3) Where a devolution issue has been raised in accordance with paragraph (1), the chief clerk shall as soon as practicable cause the matter to be drawn to the attention of the Court for the making of an order under paragraph 5 of Schedule 10 requiring notice of the devolution issue to be given to the Attorney General, the Attorney General for Northern Ireland and the appropriate Minister or department.

(4) If the Attorney General, the Attorney General for Northern Ireland or the appropriate Minister or department wishes to become a party to the proceedings so far as they relate to the devolution issue as mentioned in paragraph 6 of Schedule 10, he or it shall, within 7 days after receipt of the notice, or such longer period as the Court may direct, give notice in Form 9 to the chief clerk; and a copy of such notice shall be sent to each of the other parties.

Reference of devolution issue to Court of Appeal

65

(1) ⁸⁷Where the Court decides to refer a devolution issue to the Court of Appeal under paragraph 7 of Schedule I 0, it shall make an order so referring the issue.

(2) An order under paragraph (1) shall be in Form 10 and the Court may give directions to the parties as to the manner and form of the schedule to that order, but it shall be settled by the Court.

(3) The chief clerk shall send the order to the Master (Queen's Bench and Appeals).

Reference of devolution issue to Judicial Committee

66

(1) ⁸⁸Where the Court is required by the Attorney General, the Attorney General for Northern Ireland or the appropriate Minister or department as mentioned in paragraph 33 of Schedule 10 to refer a devolution issue to the Judicial Committee, it shall make an order in Form 11 referring the issue to the Judicial Committee.

(2) The Court may give directions to the parties as to the manner and form in which the reference, in the schedule to the order, is to be drafted.

(3) When the reference has been settled by the Court, the chief clerk shall send the order to the Registrar of the Judicial Committee.

Adjournment of proceedings pending reference of devolution issue

67

(1) ⁸⁸The proceedings in which an order is made under rule 68 or 69 for the reference of a devolution issue shall, unless the Court otherwise orders, be adjourned until the Court of Appeal or, as the case may be, the Judicial Committee, has determined the issue referred to it.

(2) Nothing in paragraph (1) shall be taken as preventing the Court from deciding any preliminary or incidental question which may arise in the proceedings after an order referring the devolution issue is made and before the Court of Appeal or, as the case may be, the Judicial Committee.

Procedure on receipt of determination of devolution issue

68

(1) ⁸⁸Where, on a reference of a devolution issue, the Court of Appeal or, as the case may be, the Judicial Committee has determined the issue and the determination has been received by the Court, the chief clerk shall send a copy of the determination to each of the parties to the proceedings and the Court shall give directions as to further procedure.]

[PART X — WITNESS SUMMONSES

Interpretation

69

In this Part of these Rules, unless the context otherwise requires:—

“the applicant” means the applicant in relation to an application to which that rules applies;

“the directed person" and the "stipulated evidence, document or thing” have the same meaning as in section 51A(10) of the Act; and

“a scheduled offence” means an offence which is scheduled within the meaning of section 1 of the Northern Ireland (Emergency Provisions) Act 1996⁹⁰.

Application for witness summons

70

(1) This rule applies to an application under section 51A of the Act for the issue of a witness summons.

(2) Subject to paragraphs (8) to (10), the application shall be made in writing to the chief clerk and shall—

(a) contain a brief description of the stipulated evidence, document or thing;

(b) set out the reasons why the applicant considers that the stipulated evidence, document or thing is likely to be material evidence;

(c) set out the reason why the applicant considers that the directed person will not voluntarily attend as a witness or produce the document or thing; and

(d) if the witness summons is proposed to require the directed person to produce a document or thing—

(i) inform the directed person of his right to make representations in writing and at a hearing, under paragraph (5); and

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