The Crown Court Rules (Northern Ireland) 1979

• (ii) state whether the applicant seeks a requirement also to be imposed under section 51B of the Act (advance production) and, if such a requirement is sought, specify the place and time at which the applicant wishes the document or thing to be produced.

• (3) The application shall be supported by an affidavit—

• (a) setting out any charge on which the proceedings concerned are based;

• (b) specifying the stipulated evidence, document or thing in such a way as to enable the directed person to identify it;

• (c) specifying grounds for believing that the directed person is likely to be able to give the stipulated evidence or to produce the stipulated document or thing;

• (d) specifying grounds for believing that the stipulated evidence is likely to be material evidence or, as the case may be, that the stipulated document or thing is likely to be material evidence.

• (4) A copy of the application and the supporting affidavit shall be served on the directed person at the same time as it is served on the chief clerk.

• (5) The directed person may, within 7 days of receiving a copy of the application under paragraph (4), inform, in writing, the chief clerk whether or not he wishes to make representations, concerning the issues of the witness summons proposed to be directed to him, at a hearing and may also make written representations to the chief clerk.

• (6) The chief clerk shall—

• (a) if the directed person indicates that he wishes to have the application considered at a hearing, fix a time, date and place for the hearing;

• (b) if the directed person does not indicate in accordance with paragraph (5) that he wishes to make representations at a hearing, refer the application to a judge of the Crown Court for determination with or without a hearing; and

• (c) notify the applicant and, where sub-paragraph (a) applies, the directed person of the time, date and place fixed for any hearing of the application.

• (7) Any hearing under this rule shall, unless the judge directs otherwise, take place in private and the proceedings at the hearing shall be recorded.

• (8) In the case of an application for a witness summons which it is proposed shall require the directed person to give evidence but not to produce any document or thing, that application may be made orally to a judge or in writing and, in such a case—

• (a) paragraphs (3) to (7) shall not have effect; and

• (b) the application shall, in addition to the matters set out in sub-paragraphs (a) to (c) of paragraph (2), specify—

• (i) any charge on which the proceedings concerned are based; and

• (ii) the grounds for believing that the direct person is likely to be able to give the stipulated evidence.

• (9) Subject to paragraph (10), in the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made within 7 days of the date fixed for trial, the chief clerk shall refer the notice of application—

• (a) where the offence charged is a scheduled offence, to such judge as has been designated by the Lord Chief Justice for the purposes of hearing the application;

• (b) in any other case, to the trial judge, or such other judge as may be available,

to determine the application or to give such directions as the judge to whom the notice is referred considers appropriate, and paragraphs (2)(d)(i) and (4) to (6) shall not have effect.

• (10) In the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made during the trial, such application shall be made orally to the trial judge, to determine the application or to give such directions as he considers appropriate, and in such a case—

• (a) paragraphs (3) to (7) shall not have effect; and

• (b) the application shall, in addition to the matters set out in sub-paragraphs (a) to (c) of paragraph (2), specify the grounds for believing that the directed person is likely to be able to produce the document or thing.

Application that summons be no further effect

71

• (1) This rule applies to an application under section 51C of the Act

• (2) The application shall be made in writing to the chief clerk as soon as reasonably practicable after the document or thing has been produced for inspection in pursuance of a requirement imposed by the witness summons under section 51B of the Act.

• (3) The application shall state that the applicant concludes that the requirement imposed by the witness summons under section 51A(2) of the Act is no longer needed.

• (4) If a direction is given under section 51C of the Act following the application, the chief clerk shall notify the person to whom the witness summons is directed as to the effect of the direction.

Application to make summons issues on application ineffective

72

• (1) This rule applies to an application under section 51D of the Act.

• (2) The application shall be made in writing to the chief clerk and shall—

• (a) state that the applicant was not served with notice of the application to issue the summons and that he was neither present nor represented at any hearing of that application; and

• (b) set out the reasons why the applicant considers that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence.

• (3) On receiving the application, the chief clerk shall—

• (a) serve notice of the application on the person on whose application the witness summons was issued;

• (b) refer the application, where the offence charged is a schedule offence, to such judge as has been designated by the Lord Chief Justice for the purposes of determining the application;

• (c) refer the application, in any other case—

• (i) if the trial has started, to the trial judge; or

• (ii) if the application is received before the start of the trial, either to the judge who has been designated to conduct the trial, or if no judge has been designated for that purpose, to the judge who issued the witness summons to which the application relates.

• (4) The court shall not grant or, as the case may be, refuse the application unless the applicant and the person on whose application the witness summons was issued have been given an opportunity of making representations, whether at a hearing or (where they agree to do so) in writing without a hearing.

• (5) In a case where the witness summons to which the application relates imposed a requirement to produce any document or thing, then if—

• (a) the applicant can produce that document or thing, but

• (b) he seeks to satisfy the court that the document or thing is not likely to be material evidence,

the applicant must, unless the judge directs otherwise, arrange for the document or thing to be available at the hearing of the application.

• (6) Any hearing under this rule shall, unless the judge directs otherwise, take place in private and the proceedings at the hearing shall be recorded.

• (7) The chief clerk shall notify the applicant and the person on whose application the witness summons was issued of the decision of the court in relation to the application.

Application to make summons issued of court's own motion ineffective

73

• (1) Rule 72 shall apply to an application under section 51F of the Act as it applies to an application under section 51D of that Act, subject to the following modifications.

• (2) Paragraphs (2)(a) and (3)(a) shall be omitted.

• (3) In paragraphs (4) and (7), the words “and the person on whose application the witness summons was issued” shall be omitted.

• (4) In paragraph (4), for the words “(where they agree to do so)", there shall be substituted the words "(where he agrees to do so)”.]

[PART XI — APPLICATIONS UNDER SCHEDULE 6A TO THE TERRORISM ACT 2000, [THE CRIMINAL JUSTICE AND POLICE ACT 2001] AND THE PROCEEDS OF CRIME ACT 2002

Interpretation

74

In this Part of these Rules:—

• “the Act” means the Proceeds of Crime Act 2002 and a reference to a section by number is a reference to the section so numbered in the Act; expressions which are defined in the Act have the same meaning as in the Act;

• [⁹³ “the chief clerk” includes such other civil servant in the Department of Justice as may be authorised to act on his behalf for the purpose in question.]

• [⁹⁴...]

Time for payment

76

• (1) Notice of an application under section 161 shall be made to the chief clerk in writing.

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

• (a) forthwith send a copy to the prosecutor [⁹⁵...]; and

• (b) notify the parties of the date and time of the hearing.

[ Application for compliance order

76A

• (1) Notice of an application under section 163A(3)(b) shall be made to the chief clerk in writing and shall—

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

• (b) give details of the relevant confiscation order, including any variations thereto;

• (c) specify the amount outstanding under the confiscation order;

• (d) give full particulars of the matters relied upon in support of the application; and

• (e) state the date and place of the hearing.

• (2) Subject to paragraph (3), the prosecutor shall, not less than seven days before the date fixed for hearing, serve a copy of the notice on—

• (a) the defendant;

• (b) any other person of whom the prosecutor is aware who would be a person affected by the order; and

• (c) the receiver, if appointed.

• (3) An application under paragraph (1) may be made ex parte if—

• (a) it is urgent; or

• (b) there are reasonable grounds to believe that the giving of notice would cause a reasonable apprehension of dissipation of the realisable property which is the subject of the relevant confiscation order.

• (4) Where the Court makes a compliance order, the chief clerk shall forthwith serve a copy of the order on—

• (a) the defendant;

• (b) any person affected by the order of whom the prosecutor is aware; and

• (c) if appointed, the receiver.

Application for discharge or variation of a compliance order

76B

• (1) Notice of an application under section 163A(5) shall be made to the chief clerk in writing and shall—

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

• (b) give details of the confiscation order and any variations thereto;

• (c) give details of the compliance order and any variations thereto;

• (d) specify any amount outstanding under the confiscation order; and

• (e) give full particulars of the matters relied upon in support of the application.

• (2) The applicant shall serve the notice on the receiver, if appointed, and—

• (a) the prosecutor;

• (b) the defendant; and

• (c) any other person affected by the order,

where be is not the applicant.

• (3) Any party served with a notice under paragraph (2) may, within seven days of receiving the notice, inform the chief clerk in writing that he wishes to make representations.

• (4) After the expiry of the period referred to in paragraph (3), 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.

• (5) Where the Court makes an order discharging or varying a compliance order, a copy of the order shall be served by the chief clerk on all those who were served with a copy of the application under paragraph (2).

Postponement

77

• (1) Notice of an application under section 164(7) shall be made to the chief clerk in writing and at the same time a copy served on 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.

• (2) After the expiry of the period referred to in paragraph (1), the Court shall determine whether the application 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.

• (3) Where the Court makes an order pursuant to an application under section 164(7), the chief clerk shall forthwith send a copy of the order to the applicant and to the opposite party.

Statements in connection with the making of confiscation orders

78

• (1) Where the prosecutor [⁹⁷...] is required or proposes to give to the Court a statement under section 166 or section 168, 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 defendant.

• (2) Any statement given to the court by the prosecutor [⁹⁷...] under section 166 or 168 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;

• (c) the date on which the conviction for the offence occurred; and

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

79

Where under section 167 the defendant is ordered to indicate the extent to which he accepts any allegation contained within a statement given by the prosecutor, [⁹⁸...] unless the Court directs otherwise, he shall indicate so in writing to the chief clerk, and at the same time serve a copy on the opposite party.

80

Where under section 168 the defendant is ordered by the Court to provide information, unless the Court directs otherwise, the information shall be provided in writing to the chief clerk, and at the same time served on the opposite party.

Reconsideration of case or benefit

81

• (1) Notice of an application under section 169, section 170 or section 171 shall be made in writing to the chief clerk.

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

• (a) state the name and address of the defendant and the Crown court case number;

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

• (c) give the date on which any relevant confiscation order was made, or as the case may be, varied;

• (d) give full particulars of the matters relied upon in support of the application.

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

• (a) forthwith send a copy to the defendant; and

• (b) notify the parties of the date and place of the hearing.

• (4) Where the Court makes an order pursuant to an application under section 169, section 170 or section 171, the chief clerk shall forthwith send a copy of the order to the applicant and to the defendant.

Reconsideration of available amount

82

• (1) Notice of an application under section 172 shall be made in writing to the chief clerk.

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

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

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

• (c) give the date on which any relevant confiscation order was made, or as the case may be, varied;

• (d) give full particulars of the matters relied upon in support of the application.

• (3) The chief clerk shall, not less than seven days before the date fixed for the hearing, send a copy of the notice received under paragraph (1) together with notification of the date and place of the hearing to—

• (a) the defendant;

• (b) where the applicant is the prosecutor [⁹⁸...], the receiver if appointed;

• (c) where the receiver is the applicant—

• (i) the prosecutor; or

[⁹⁸...]

and shall notify the applicant of the date and place of the hearing.

• (4) Where the Court makes an order pursuant to an application under section 172, the chief clerk shall forthwith send a copy of the order to every person to whom the notice was sent under paragraph (3).

Variation: inadequacy of available amount

83

• (1) Notice of an application under section 173 shall be made to the chief clerk in writing.

• (2) ⁹⁹The applicant shall, not less than seven days before the date fixed for the hearing, send a copy of the notice together with notification of the date and place of the hearing to—

• (a) the prosecutor;

• (b) the defendant; and

• (c) the receiver, if appointed,

where he is not the applicant.]

• (3) Where the Court makes an order pursuant to an application under section 173, the chief clerk shall forthwith send a copy of the order to every person to whom notice was sent under paragraph (2).

Discharge

84

• (1) Notice of an application made under section [¹⁰⁰ 174, 175 or 175A] shall be made in writing and shall—

• (a) give details of the confiscation order;

• (b) specify the amount outstanding under the confiscation order; and

• (c) give full particulars of the matters relied upon in support of the application.

• (2) The applicant shall serve the notice on—

• (a) the chief clerk, where he is not the applicant;

• (b) the defendant; [¹⁰¹ or where the application is made under section 175A, his personal representative;]

• (c) the prosecutor, where he is not the applicant; and

• (d) the receiver, where one has been appointed.

• (3) Any party served with a notice under paragraph (2) may, within seven days of receiving the notice, inform the chief clerk in writing that he wishes to make representations.

• (4) After the expiry of the period referred to in paragraph (3), 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.

• (5) Where the Court makes an order discharging the confiscation order, the chief clerk shall forthwith serve a copy of the order on the defendant, [(c) or where appropriate, his personal representative], the prosecutor and if appointed, the receiver.

Application to proceed where defendant absconds

85

Notice of an application under section 177 or 178 shall be made to the chief clerk in writing and shall, at the same time, be served on any person of whom the applicant is aware who may be affected by the application.

Application for variation of confiscation order made against absconder

86

• (1) Notice of an application under section 179 shall be made to the chief clerk in writing.

• (2) The notice under paragraph (1) shall include particulars of the following—

• (a) the relevant confiscation order;

• (b) the circumstances in which the defendant ceased to be an absconder;

• (c) the defendant's conviction of the offences concerned; and

• (d) the reasons why the defendant believes the amount required to be paid is too large.

• (3) The chief clerk shall, not less than seven days before the date fixed for the hearing, send a copy of the notice received under paragraph (1)—

• (a) to the prosecutor, [¹⁰²...]; and

• (b) notify the parties of the date and place appointed for the hearing.

Application for discharge of confiscation order made against absconder

87

• (1) Notice of an application under section 180 shall be made to the chief clerk in writing.

• (2) The notice under paragraph (1) shall include particulars of the following—

• (a) the relevant confiscation order;

• (b) the date on which the applicant ceased to be an absconder;

• (c) the acquittal of the defendant for the offence concerned, if the defendant has been acquitted; and

• (d) if the defendant has not been acquitted—

• (i) the undue delay in continuing the proceedings; or

• (ii) any indication given by the prosecutor that he does not intend to continue the proceedings.

• (3) The chief clerk shall, not less than seven days before the date fixed for the hearing, send a copy of the notice received under paragraph (1)—

• (a) to the prosecutor, [¹⁰²...]; and

• (b) notify the parties of the date and place appointed for the hearing.

Application for increase in term of imprisonment

88

• (1) Notice of an application under section 188(5) to increase the term of imprisonment or detention fixed in default of payment of a confiscation order shall be made to the chief clerk in writing.

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

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

• (b) give full particulars of the matters relied upon in support of the application;

• (c) give details of any enforcement measures taken; and

• (d) include a copy of the confiscation order.

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

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

• (b) notify the parties of the date and place appointed for the hearing of the application.

• (4) Where the Court makes an order pursuant to an application under section 188(5), the chief clerk shall forthwith send a copy of the order to the parties and where the defendant is in custody at the time of making of the order, the person having custody of him.

Compensation

89

• (1) Notice of an application for compensation under section 220 shall be made to the chief clerk in writing.

• (2) The chief clerk shall, not less than seven days before the date fixed for the hearing, send a copy of the notice received under paragraph (1) together with notification of the date and place of the hearing to—

• (a) the person alleged to be default; and

• (b) the person by whom the compensation would be payable under section 220(9); and

notify the applicant of the date and place of the hearing.

90

• (1) Notice of an application for compensation under section 221 shall be made to the chief clerk in writing.

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

• (a) details of the confiscation order and its variation or discharge;

• (b) full particulars of the realisable property held by the applicant;

• (c) details of the loss suffered by the applicant as a result of the making of the order.

• (3) The chief clerk shall, not less than seven days before the date fixed for the hearing—

• (a) send a copy of the notice received under paragraph (1) to the prosecutor[(a)...]; and

• (b) notify the parties of the date and place of the hearing of the application.

Appointment of a receiver

91

• (1) Notice of an application under section 198 for the appointment of a receiver shall be made to the chief clerk in writing.

• (2) The notice shall be supported by an affidavit—

• (a) giving full particulars of the matters relied upon in support of the application;

• (b) stating the name, address and position of the proposed receiver;

• (c) giving, to the best of the deponent's ability, full particulars of the realisable property in respect of which the order is sought and specifying the person holding such property;

• (d) if the proposed receiver is not a member of staff of [¹⁰³...] the Department of Director of Public Prosecutions (Northern Ireland) or the Commissioners of Her Majesty's Customs and Excise and the applicant is asking the court to allow the receiver to act without giving security or before he has given security or satisfied the court that he has security in place, explain the reasons why that is necessary.

• (3) Subject to paragraph (4), the applicant shall, not less than seven days before the date fixed for the hearing of the application, serve copies of the notice and accompanying affidavit, together with notice in writing of the date and place appointed for the hearing of the application on—

• (a) the defendant;

• (b) any person who holds realisable property to which the application relates; and

• (c) any other person of whom the applicant is aware who may be affected by the application.

• (4) An application under paragraph (1) may be made ex parte if—

• (a) it is urgent; or

• (b) there are reasonable grounds to believe that the giving of notice would cause a reasonable apprehension of dissipation of the realisable property which is the subject of the application.

• (5) Where the Court makes an order for the appointment of a receiver, the applicant shall serve copies of the order and affidavit in support on—

• (a) the defendant;

• (b) the receiver;

• (c) any person who holds realisable property to which the application relates; and

• (d) any other person of whom the applicant is aware who may be affected by the order.

Application for conferment of powers

92

• (1) Notice of an application for an order for the conferment of powers on a receiver under section 199 or section 201 shall be made to the chief clerk in writing.

• (2) The notice shall be supported by an affidavit, which shall include—

• (a) full particulars of the matters relied upon in support of the application;

• (b) to the best of the deponent's ability, full particulars of the realisable property in respect of which the order is sought and details of the person holding such property.

• (3) Subject to paragraph (4), the applicant shall, not less than seven days before the date fixed for the hearing of the application, serve copies of the notice and accompanying affidavit, together with notice in writing of the date and place appointed for the hearing of the application on—

• (a) the defendant;

• (b) the receiver, if already appointed;

• (c) any person who holds realisable property to which the application relates; and

• (d) any other person of whom the applicant is aware who may be affected by the application.

• (4) Except where section 199(8) or section 201(8) apply, an application under paragraph (1) may be made ex parte if the application is to confer on the receiver power to take possession of property and—

• (a) the case is one of urgency; or

• (b) the giving of notice would cause a reasonable apprehension of dissipation of the realisable property which is the subject of the application.

• (5) Where the Court makes an order for the conferment of powers on the receiver, the applicant shall serve copies of the order and affidavit in support on—

• (a) the defendant;

• (b) the receiver;

• (c) any person who holds realisable property to which the application relates; and

• (d) any other person of whom the applicant is aware who may be affected by the order.

Application for leave

93

• (1) Notice of an application for leave under section 207(2) or section 208(2) shall be made to the chief clerk in writing.

• (2) The applicant shall, not less than seven days before the date fixed for the hearing of the application, serve copies of the notice, together with notice in writing of the date and place appointed for the hearing of the application on—

• (a) the tenant;

• (b) the receiver;

• (c) the person against whom the confiscation order has been made; and

• (d) any other person of whom the applicant is aware who may be affected by the application.

Application for discharge or variation and applications for other orders

94

• (1) Notice of an application under section 210(3) or section 211(1) shall be made to the chief clerk in writing.

• (2) The applicant shall, not less than seven days before the date fixed for the hearing of the application, serve copies of the notice and accompanying affidavit, together with notice in writing of the date and place of the hearing on—

• (a) the person who applied for the appointment of the receiver;

• (b) the defendant;

• (c) any person who holds realisable property in respect of which the receiver has been appointed;

• (d) the receiver; and

• (e) any other person of whom the applicant is aware who may be affected by the application,

where he is not the applicant.

• (3) Where the Court makes an order under section 211 (2), a copy of the order shall be served by the applicant on all those who were served with a copy of the application under paragraph (4).

Sums in the hands of receivers

95

• (1) Where the receiver has fully paid the amount payable under the confiscation order and any sums remain in his hands, notice of an application for directions as to the distribution of the sums in his hands shall be made to the chief clerk in writing.

• (2) The applicant shall, not less than seven days before the date fixed for the hearing of the application, serve copies of the notice, together with notice in writing of the date and place of the hearing, on—

• (a) the defendant; and

• (b) any person who holds realisable property in respect of which the receiver has been appointed.

Security

96

• (1) This rule applies where a receiver is appointed under section 198 [¹⁰⁴...] and the receiver is not a member of staff of [¹⁰⁴...] the Department of the Director of Public Prosecutions (Northern Ireland) or the Commissioners of Her Majesty's Customs and Excise.

• (2) An order for the appointment of a receiver may include such direction as the Court sees fit as to the giving of security by the person appointed.

• (3) Where by virtue of an order appointing a receiver a person is required to give security in accordance with this rule, he must give security approved by the Court duly to account for what he receives as receiver and to deal with it as the Court directs.

• (4) Unless the Court otherwise directs, the security shall be by way of guarantee which must be lodged with the chief clerk who shall retain it until it is duly vacated.

Remuneration

97

• (1) This rule applies where a receiver is appointed under section 198 [¹⁰⁴...] and the receiver is not a member of staff of [¹⁰⁴...] the Department of the Director of Public Prosecutions (Northern Ireland) or the Commissioners of Her Majesty's Customs and Excise.

• (2) A person appointed as receiver shall be allowed such remuneration, if any, as may be authorised by the Court and the Court may direct that such remuneration shall be fixed by reference to such scales or rates of professional charges as it thinks fit.

Accounts

98

• (1) A receiver shall submit such accounts to such parties at such intervals or on such dates as the Court may direct.

• (2) Any party to whom a receiver is required to submit accounts may, after giving reasonable notice to the receiver, inspect, either personally or by an agent, the books and other papers relating to such accounts.

• (3) Any party who is dissatisfied with the accounts of the receiver may give notice in writing specifying the item to which objection is taken and requiring the receiver within not less than fourteen days to lodge his accounts with the Court and a copy of such notice shall be lodged with the chief clerk.

• (4) Following an examination by the Court of an item or items in an account to which objection is taken, the result of such examination must be certified by the Court and an order may be made as to the incidence of any costs or expenses incurred.

Default by receiver

99

• (1) Where a receiver fails to comply with any order of the Court or any obligation under these Rules, the Court may order him to attend a hearing to show cause for his failure.

• (2) At a hearing under paragraph (1), the Court may make any order it thinks proper including—

• (a) an order for discharge of the receiver and appointment of another receiver;

• (b) an order reducing or disallowing any remuneration claimed by the receiver; and

• (c) an order for the payment of costs.

Production orders: discharge and variation

100

• (1) An application under section 351 (3)(b) shall be made in writing, giving full particulars of the matters relied upon in support of the application, and shall be served on—

• (a) the chief clerk [¹⁰⁵...] and

• (b) a constable at the police station specified in the production order; or

• (c) where the production order which is the subject of the application was not obtained by a constable, the office of the appropriate officer who obtained the order, as specified in the order.

• (2) An application under paragraph (1) may be determined 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.

Disclosure orders: discharge and variation

101

An application under section 362(3)(b) shall be made in writing, giving full particulars of the matters relied upon in support of the application, and shall be served on—

• (a) the chief clerk [¹⁰⁵...]; and

• (b) the [¹⁰⁶ prosecutor].

Customer information orders and account monitoring orders: discharge and variation

102

• (1) This rule applies to applications—

• (a) by a person other than a police officer under paragraph 4(1) of Schedule 6A to the Terrorism Act 2000¹⁰⁷ for the discharge or variation of an account monitoring order; and

• (b) under section 369(3)(b) for the discharge or variation of a customer information order; and

• (c) under section 375(2)(b) for the discharge or variation of an account monitoring order.

• (2) Notice of an application under paragraph (1) shall be made in writing, giving full particulars of the matters relied upon in support of the application, and shall be served on—

• (a) the chief clerk [¹⁰⁵...]; and

• (b) a constable at the police station specified in the order which is the subject of the application; or

• (c) where the order which is the subject of the application was not obtained by a constable, the office of the appropriate officer who obtained the order, as specified in the order.

Application for letter of request

103

• (1) Notice of an application under section 376 shall, be made to the chief clerk [¹⁰⁵...] in writing and shall—

• (a) state the grounds of the confiscation investigation and give particulars of any related criminal proceedings;

• (b) include particulars of the assistance requested in the form of a draft letter of request.

• (2) An application under paragraph (1) may be heard ex parte.

Sending a letter of request

104

Where a judge issues a letter of request under section 376(2) the chief clerk shall send it to the Secretary of State.]

[ Criminal Justice and Police Act 2001

105

• (1) In this rule—

• “the 2001 Act” means the Criminal Justice and Police Act 2001 ¹⁰⁹; a reference to a section by number is a reference to the section so numbered in the 2001 Act; and expressions which are defined in the 2001 Act shall have the same meaning as in the 2001 Act; and

• “chief clerk” [¹¹⁰...] includes any other [¹¹¹ civil servant in the Department of Justice] as may be authorised to act on his behalf for the purpose in question.

• (2) Notice of an application under section 59 shall be made in writing to the chief clerk and shall—

• (a) where the application is made under section 59(2), specify upon which of the grounds in section 59(3) the application is made and—

• (i) where the application is made under section 59(3)(a), specify why the applicant considers there was no power to make the seizure;

• (ii) where the application is made under section 59(3)(b), (c) or (d), describe the property and specify why the applicant considers it should be returned;

• (b) where the application is made to authorise the retention of property by a person for the time being in possession of the property, specify upon which of the grounds in section 59(7) the application is made.

• (3) Where the applicant is a person with a relevant interest, the applicant shall, at the same time as the notice is given to the chief clerk, serve a copy on—

• (a) the person for the time being in possession of the property;

• (b) the person, if any, identified as being the person to whom notice of such an application should be given by a notice served under section 52 when the property was seized; and

• (c) any other person appearing to have a relevant interest in the property.

• (4) Where the applicant is a person for the time being in possession of the property, the applicant shall, at the same time as the notice is given to the chief clerk, serve a copy on—

• (a) the person from whom the property was seized; and

• (b) any other person appearing to have a relevant interest in the property.

• (5) Any person served with a copy of a notice under paragraph (3) or (4) shall within seven days—

• (a) notify the chief clerk in writing whether or not he wishes to make representations concerning the application and appear at the hearing of the application; and

• (b) if he wishes to make representations, serve on the application and the chief clerk a written statement setting out such representation.

• (6) The chief clerk shall—

• (a) fix a date and place for the hearing of the applications; and

• (b) notify the applicant and any person who wishes to make representations at the hearing of the date and place of such hearing.

• (7) The hearing of an application under section 59 may be in private, if the judge thinks necessary in the interests of justice.]

SCHEDULE 1

FORM 1

IN THE CROWN COURT IN NORTHERN IRELAND

Notice of application in relation to bail

Rule 8(2)

FORM 1A

IN THE CROWN COURT IN NORTHERN IRELAND

Notice of application in relation to bail

Rule 8(2)

FORM 2

IN THE CROWN COURT IN NORTHERN IRELAND

Order for admission to bail

Rule 9(1)

FORM 3

Form of Indictment

Rule 20

[¹¹²FORM 3A

IN THE CROWN COURT IN NORTHERN IRELAND

Form of indictment for use where an application is to be made under section 17(2) of the Domestic Violence, Crime and Victims Act 2004 for trial by jury of sample counts only

Rule 20(2)

FORM 4

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

[¹¹³FORM 5

IN THE CROWN COURT IN NORTHERN IRELAND

Form of application for a trial without jury under section 44 of the Criminal Justice Act 2003 (jury tampering)

Rule 44AA(1)

FORM 5A

IN THE CROWN COURT IN NORTHERN IRELAND

Notice of decision of application for trial without jury under section 44 of the Criminal Justice Act 2003 (Jury Tampering)

Rule 44AA(7)

FORM 5B

IN THE CROWN COURT IN NORTHERN IRELAND

Form of application for a trial by jury of sample counts only under section 17 of the Domestic Violence, Crime and Victims Act 2004

Rule 44AB(1)

FORM 5C

IN THE CROWN COURT IN NORTHERN IRELAND

Notice of decision on an application for a trial by jury of sample counts under section 17 of the Domestic Violence, Crime and Victims Act 2004

Rule 44AB(6)

[(a)FORM 6

IN THE CROWN COURT IN NORTHERN IRELAND

Form of application for a special measures direction under Article 7 of the Criminal Evidence (Northern Ireland) Order 1999

[(a)FORM 7

IN THE CROWN COURT IN NORTHERN IRELAND

NOTICE OF DECISION APPLICATION FOR A SPECIAL MEASURES DIRECTION UNDER ARTICLE 7 OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

[(b)Rule 44B]

[(a)FORM 7A

IN THE CROWN COURT IN NORTHERN IRELAND

Application for a reporting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999

Rule 44I

FORM 7B

IN THE CROWN COURT IN NORTHERN IRELAND

Application for an excepting direction under section 46(9) of the Youth Justice and Criminal Evidence Act 1999

Rule 44I

FORM 7C

IN THE CROWN COURT IN NORTHERN IRELAND

Application for [revocation of a reporting direction] [variation of an excepting direction] [revocation of an excepting direction] under section 46 of the Youth Justice and Criminal Evidence Act 1999

Rule 44K

FORM 7D

IN THE CROWN COURT IN NORTHERN IRELAND

Notice of decision on application for [reporting direction][excepting direction][revocation of reporting direction] [ variation of revocation of excepting direction] made in accordance with section 46 of the Youth Justice and Criminal Evidence Act 1999

Rule 44L

FORM 7E

IN THE CROWN COURT IN NORTHERN IRELAND

APPLICATION FOR LEAVE TO ADDUCE EVIDENCE OF NON-DEFENDANT'S BAD CHARACTER

Rule 44N(1)

FORM 7F

IN THE CROWN COURT IN NORTHERN IRELAND

NOTICE OF INTENTION TO ADDUCE EVIDENCE OF DEFENDANT'S BAD CHARACTER

Rule 44N(4) and (6)

FORM 7G

IN THE CROWN COURT IN NORTHERN IRELAND

APPLICATION TO EXCLUDE EVIDENCE OF DEFENDANT'S BAD CHARACTER

Rule 4N(8)

FORM 7H

IN THE CROWN COURT IN NORTHERN IRELAND

NOTICE OF INTENTION TO ADDUCE HEARSAY EVIDENCE

Rule 44O(2) and (4)

FORM 7I

IN THE CROWN COURT IN NORTHERN IRELAND

NOTICE OF OPPOSITION TO THE ADMISSION OF HEARSAY EVIDENCE

Rule 44I (6)

[¹¹⁴ FORM 7J

IN THE CROWN COURT IN NORTHERN IRELAND

APPLICATION FOR LEAVE FOR WITNESS (OTHER THAN THE ACCUSED) WHO IS OUTSIDE THE UNITED KINGDOM TO GIVE EVIDENCE THROUGH A LIVE LINK

Rule 44P(1)

FORM 7K

IN THE CROWN COURT IN NORTHERN IRELAND

NOTICE OF DECISION ON APPLICATION FOR LEAVE FOR WITNESS (OTHER THAN THE ACCUSED) WHO IS OUTSIDE THE UNITED KINGDOM TO GIVE EVIDENCE THROUGH A LIVE LINK

Rule 44P(1)

[¹¹⁵ FORM 7L

IN THE CROWN COURT IN NORTHERN IRELAND

APPLICATION FOR DIRECTION FOR WITNESS TO GIVE EVIDENCE THROUGH A LIVE LINK

Rule 44Q(1)

FORM 7M

IN THE CROWN COURT IN NORTHERN IRELAND

NOTICE OF DECISION ON APPLICATION FOR DIRECTION/RESCISSION OF DIRECTION FOR WITNESS TO GIVE EVIDENCE THROUGH A LIVE LINK

Rule 44Q(9)

[¹¹⁶ FORM 7N

IN THE CROWN COURT IN NORTHERN IRELAND

APPLICATION FOR LIVE LINK DIRECTION UNDER ARTICLE 21A OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

APPLICATION FOR THE EXAMINATION OF AN ACCUSED THROUGH AN INTERMEDIARY UNDER ARTICLE 21BA OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

Rules 44S(1) and 44U(1)

FORM 7O

IN THE CROWN COURT IN NORTHERN IRELAND

NOTICE OF DECISION ON APPLICATION FOR LIVE LINK

DIRECTION/APPLICATION TO DISCHARGE A LIVE LINK

DIRECTION UNDER ARTICLE 21A OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

Rule 44S(11)

[¹¹⁷FORM 7P

IN THE CROWN COURT IN NORTHERN IRELAND

NOTICE OF DECISION ON APPLICATION FOR EXAMINATION OF ACCUSED THROUGH AN INTERMEDIARY UNDER ARTICLE 218A OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

NOTICE OF DECISION ON APPLICATION TO VARY OR DISCHARGE A DIRECTION ALLOWING THE EXAMINATION OF ACCUSED THROUGH AN INTERMEDIARY UNDER ARTICLE 218B OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

Rule 2(6)(d) Rule 44U(11)

FORM 7Q

IN THE CROWN COURT IN NORTHERN IRELAND

DECLARATION FOR AN INTERMEDIARY UNDERARTICLE 17(5) OR ARTICLE 21BA(9) OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

Rule 44B(2)(c) 44CE(4)(c)(iv) 44U(1) and 44W

[¹¹⁸FORM 8

IN THE CROWN COURT IN NORTHERN IRELAND

Notice of devolution issue under Schedule 10 to the Northern Ireland Act 1998

[¹¹⁹FORM 9

IN THE CROWN COURT IN NORTHERN IRELAND

Notice of intention of the Attorney General, the Attorney General for Northern Ireland or the appropriate Minister or department to become party to proceedings so far as relates to devolution issue under Schedule 10 to the Northern Ireland Act 1998

[¹²⁰FORM 10

IN THE CROWN COURT IN NORTHERN IRELAND

Order for reference of devolution issue to the Court of Appeal

[¹²¹FORM 11

IN THE CROWN COURT IN NORTHERN IRELAND

Order for reference of devolution issue to the Judicial Committee of the Privy Council

PART VIIIA — APPLICATIONS UNDER THE CRIMINAL JUSTICE (EUROPEAN INVESTIGATION ORDER) REGULATIONS 2017

Interpretation

62C

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

Application for European investigation order

62D

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

Variation or revocation of a European investigation order

62E

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

Proceedings before a nominated court

62F

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

Record of proceedings before a court nominated to receive evidence

62G

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

Interpreter for the purposes of proceedings involving a videoconference or other audiovisual transmission or telephone conference

62H

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

Record of videoconference or other audiovisual transmission before a nominated court

62I

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

Record of telephone conference before a nominated court

62J

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

Consideration of European investigation order requiring a search warrant, production order, customer information order or account monitoring order

62K

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

Application to vary or revoke a search warrant or other order issued to give effect to a European investigation order or to authorise the release of evidence seized or produced

62L

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

Restriction on access to records

62M

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

Editorial notes

PART VIIIB — APPLICATIONS FOR ORDERS FOR ACCESS TO ELECTRONIC DATA UNDER THE CRIME (OVERSEAS PRODUCTION ORDERS) ACT 2019

Interpretation

62N

• (1) In this Part of these Rules—

• “the Act” means the Crime (Overseas Production Orders) Act 2019;

• “business day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is, or is to be observed as, a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971;

• “chief clerk” means the chief clerk of the Court at the place where the proceedings under the Act 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; and

expressions which are defined in the Act have the same meaning as in the Act and a reference to a section is a reference to that section so numbered in the Act.

• (2) A reference in this Part to a person affected by an order made under the Act includes a person by whom or on whose behalf there is stored any journalistic data specified or described in the application for that order.

Application for an overseas production order

62O

• (1) Subject to rule 62Q(7)(c), an application for an order under section 1 shall be made by giving notice in writing to the chief clerk which shall—

• (a) identify the applicant for the order and demonstrate that the applicant is entitled under the Act to apply;

• (b) identify the respondent;

• (c) specify the designated international co-operation arrangement by reference to which the application is made;

• (d) specify or describe the electronic data in respect of which the order is sought;

• (e) specify—

• (i) the person, or the description of person, to whom the applicant is seeking the Court to order that electronic data must be produced or made accessible; and

• (ii) the period by the end of which the applicant is seeking that that electronic data must be produced or made accessible (which shall be a period of 7 days beginning with the day on which the order is served on the respondent, unless the Court otherwise directs);

• (f) state whether the applicant is seeking a non-disclosure requirement in the order; and

• (g) be accompanied by a draft of the order sought by the applicant.

• (2) The application shall be supported by an affidavit which shall—

• (a) explain the grounds for believing that the respondent operates in, or is based in, a country or territory outside the United Kingdom which is a party to, or participates in, that designated international co-operation arrangement;

• (b) explain the grounds for believing that the electronic data sought does not consist of or include excepted electronic data;

• (c) briefly describe the investigation for the purposes of which the electronic data is sought and explain—

• (i) the grounds for believing that an indictable offence has been committed which is under investigation or in respect of which proceedings have begun; or

• (ii) how the investigation constitutes a terrorist investigation within the meaning of the Terrorism Act 2000;

• (d) explain the grounds for believing that the respondent has possession or control of all or part of the electronic data sought;

• (e) explain the grounds for believing that the electronic data sought is likely to be of substantial value to the investigation, or the proceedings (as the case may be), whether by itself or together with other material;

• (f) where paragraph (2)(c)(i) applies, explain the grounds for believing that all or part of the electronic data sought is likely to be relevant evidence in respect of the offence concerned;

• (g) explain the grounds for believing that it is in the public interest for the respondent to produce or give access to the electronic data sought, having regard to—

• (i) the benefit likely to accrue to the investigation, or to the proceedings (as the case may be), if that data is obtained; and

• (ii) the circumstances under which the respondent has possession or control of any of that data; and

• (h) where a non-disclosure requirement is sought in the order—

• (i) explain why such a requirement would be appropriate; and

• (ii) specify or describe the proposed duration of the requirement, if ordered.

• (3) Subject to rule 62Q(7)(b), the applicant for an order under section 1 shall serve the notice of the application, the supporting affidavit and the draft order on the respondent and on any other person affected by the order being sought.

• (4) In the event that an overseas production order is made, the applicant shall as soon as practicable serve the order on the Secretary of State , or on a prescribed person, for service on the respondent.

• (5) Where notice of the application was served on a respondent, in the event that the application is dismissed or abandoned, the applicant shall—

• (a) as soon as reasonably practicable so notify that respondent; and

• (b) where the application is dismissed, as soon as reasonably practicable notify that respondent if the Court nonetheless orders that for a period that respondent must not—

• (i) conceal, destroy, alter or dispose of any of the electronic data specified or described in the application; or

• (ii) disclose the making of the application or its contents to any person.

Variation or revocation of an overseas production order

62P

• (1) This rule applies to an application to vary or revoke an order listed in paragraph (2) by—

• (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.

• (2) The orders to which this rule applies are—

• (a) an overseas production order;

• (b) an order under section 8(4) maintaining an unexpired non-disclosure requirement;

• (c) an order under section 13(3) 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) maintaining a duty not to conceal, destroy, alter or dispose of electronic data.

• (3) ... An applicant under this rule shall—

• (a) subject to rule 62Q(7)(c), apply as soon as practicable after becoming aware of the grounds for doing so by giving notice in writing to the chief clerk;

• (b) subject to rule 62Q(7)(c), include with the application an accompanying draft of the order sought; and

• (c) subject to rule 62Q(7)(b), serve the notice of the application, the supporting affidavit referred to in paragraph (4) or (5) and the draft order on the respondent, if applicable, and on any other person affected by the order.

• (4) Where the application is for a variation, or further variation, of an overseas production order, it shall be supported by an affidavit which shall—

• (a) specify 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 62O(1)(a) to (c) and 62O(2)(a) to (f) (which may be done by reference to the original order);

• (c) meet the requirements of rule 62O(2)(g);

• (d) specify the variation proposed and explain—

• (i) what material circumstances have changed since the order was made; and

• (ii) why the order should be varied.

• (5) Where the application is for the revocation of an overseas production order, it shall be supported by an affidavit which shall explain why revocation is appropriate.

• (6) Where the application includes a request that the Court, despite revocation, maintains—

• (a) the requirement that for a further period the respondent must not conceal, destroy, alter or dispose of any of the electronic data specified or described in the order; or

• (b) an unexpired non-disclosure requirement,

the affidavit referred to in paragraph (5) shall explain why, and for how long, it would be appropriate to maintain that requirement.

• (7) The chief clerk must as soon as practicable serve on the applicant for the overseas production order under rule 62O any order made on an application under this rule, and—

• (a) in the event that the Court varies the overseas production order, the applicant under rule 62O must serve the order as varied on the Secretary of State, or on a prescribed person, for service on the respondent on whom the overseas production order first was served;

• (b) in any other event, the applicant under rule 62O must serve the order made on the application under this rule on every other person served under paragraph 3(c).

Consideration of an overseas production order

62Q

• (1) Subject to paragraphs (2) to (5), the Court may determine an application under rule 62O or 62P—

• (a) at a hearing (which shall be in private unless the Court otherwise directs) or without a hearing; and

• (b) in the absence of—

• (i) the applicant;

• (ii) the respondent; or

• (iii) any other person affected by the order.

• (2) The Court shall not determine such an application in the applicant’s absence if—

• (a) the applicant requests a hearing; or

• (b) it appears to the Court that—

• (i) the proposed order may require the production of excepted electronic data, within the meaning of section 3; or

• (ii) for any other reason the application is so complex or serious as to require the Court to hear from the applicant.

• (3) The Court shall not determine such an application in the absence of any respondent or other person affected unless—

• (a) subject to paragraph (7)(a), the absentee has had at least two business days in which to make representations; or

• (b) the Court is satisfied that—

• (i) the applicant cannot identify or contact the absentee;

• (ii) it would prejudice the investigation if the absentee were present;

• (iii) where journalistic data is sought, it would prejudice the investigation of another indictable offence or another terrorist investigation if the absentee were present; ...

• (iv) it would prejudice the investigation to adjourn or postpone the application so as to allow the absentee to attend; or

• (v) the absentee has waived the opportunity to attend.

• (4) The Court shall not determine such an application in the absence of any respondent who, if the order sought by the applicant were made, would be required to produce or give access to journalistic data, unless that respondent has waived the opportunity to attend.

• (5) The Court shall not make, vary or revoke an order unless the applicant states, in an affidavit or orally, that to the best of the applicant’s knowledge and belief—

• (a) the application discloses all information which is material; and

• (b) the content of the application is true.

• (6) Where the statement required by paragraph (5) is made orally—

• (a) the statement shall be on oath or affirmation, unless the Court otherwise directs; and

• (b) the chief clerk shall arrange for a record of the making of the statement.

• (7) The Court may in its discretion—

• (a) shorten or extend (whether before or after it has expired) a time limit under this Part;

• (b) subject to section 12(3) and (4) dispense with a requirement for service under this Part (whether before or after service was required); and