The Crown Court (Amendment) Rules (Northern Ireland) 2004

Made: 17th May 2004

To be laid before Parliament

Coming into operation in accordance with rule 1

We, the Crown Court Rules Committee, in exercise of the powers conferred upon us by section 52(1) of the Judicature (Northern Ireland) Act 1978[^f00001], section 10 of the Criminal Justice (International Co-operation) Act 1990[^f00002] and section 49 of the Crime (International Co-operation) Act 2003[^f00003] and all other powers enabling us in that behalf, hereby with the concurrence of the Lord Chancellor make the following Rules:

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Crown Court (Amendment) Rules (Northern Ireland) 2004 and subject to paragraph (2) shall come into operation on 11th June 2004.

• (2) Paragraphs (1), (2) and (4) of rule 2 below shall come into operation on the same day as section 46 of the Youth Justice and Criminal Evidence Act 1999[^f00004] comes into force.

• (3) In these Rules, “the principal Rules” shall mean the Crown Court Rules (Northern Ireland) 1979[^f00005], and a reference to a rule, a Part or a Form by number means the rule, Part or Form so numbered in the principal Rules.

Amendment to the principal Rules

2

• (1) Rule 2(1) shall be amended by inserting after the definition of the “Taxing Master”, the following definition:

• “the 1999 Act” means the Youth Justice and Criminal Evidence Act 1999.

• (2) After rule 44H, there shall be inserted the following new rules:

(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[^f00006] or under Article 4 of the Children’s Evidence (Northern Ireland) Order 1995[^f00007] 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[^f00008] 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. (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 the 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. (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. (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 representations 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. (44M) If in 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.

• (3) For Part VIII, there shall be substituted the new Part VIII in Schedule 1 to these Rules.

• (4) The Schedule to the principal Rules shall be amended by inserting after Form 7, the new Forms 7A to 7D in Schedule 2 to these Rules.

SCHEDULE 1

SCHEDULE 2 — FORMS TO BE INSERTED IN THE CROWN COURT RULES (NORTHERN IRELAND) 1979

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 44J

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 or revocation of excepting direction] made in accordance with section 46 of the Youth Justice and Criminal Evidence Act 1999

Rule 44L

Signed

Brian Kerr — J. M. Nicholson — A. R. Hart — Paul G. Copeland — Barra McGrory — J. Wilson — Dated 13th May 2004

Signed by authority of the Lord Chancellor

I concur

Lord Filkin — Parliamentary Under-Secretary of State, — Department for Constitutional Affairs — Dated 17th May 2004

Explanatory note

(This note is not part of the Rules.)

These Rules amend the Crown Court Rules (Northern Ireland) 1979 (“the principal Rules”) to make provision relating to applications –

• under section 46 of the Youth Justice and Criminal Evidence Act 1999 for reporting directions and excepting directions in respect of adult witnesses in criminal proceedings; and

• under Part 1 of the Crime (International Co-operation) Act 2003.

Rule 2(1) inserts a reference to the Youth Justice and Criminal Evidence Act 1999 into the interpretation provisions in the principal Rules.

Rule 2(2) inserts new rules 44I to 44M into the principal Rules.

New rule 44I prescribes the manner in which an application for a reporting direction shall be made. New rule 44J prescribes the manner in which an application for an excepting direction shall be made.

New rule 44K provides for an application to be made to revoke a reporting direction or to vary or revoke an excepting direction which has already been given.

New rule 44L provides that the Court may direct a hearing of an application where notice of opposition is given or where the Court considers it appropriate to do so. It also provides that the chief clerk shall notify all the parties to the proceedings of the Court’s decision.

Where an application has been made to hold a trial in camera, new rule 44M provides that an application for a direction need not identify the witness.

Rule 2(3) substitutes a new Part VIII into the principal Rules.

New rule 55 provides an interpretation of certain terms used in the new Rules.

New Rule 56 prescribes the information that shall be contained within the notice required by section 3(4) of the Act to accompany process served outside the United Kingdom.

New Rule 57 provides that service of a process under section 4 of the Act may be proved by a certificate given by or on behalf of the Secretary of State, which shall be admissible as evidence of any facts stated therein.

New Rule 58 prescribes the manner in which an application under section 7(1) of the Act (requests for assistance in obtaining evidence abroad) shall be made.

New Rule 59 provides that a court nominated to receive evidence requested from abroad may determine who may appear or take part in proceedings in that regard and may exclude the public from the Court during the proceedings.

New Rule 60(1) provides that in proceedings pursuant to a notice under section 15(1), the chief clerk shall make a record of evidence received together with other information as is prescribed by paragraph (2). New Rule 60(3) provides that the chief clerk shall send to the court or authority that made the request a copy of so much of the court record as is relevant to that request.

New Rule 61 provides for an interpreter to be present in court in connection with proceedings that involve witnesses in the UK giving evidence by television link and telephone to countries outside the UK.

New Rule 62 requires for the chief clerk to make a record of evidence given at any proceedings at which a witness in the UK gives evidence under section 30(3) of the Act and prescribes other information that shall be included in this record. New Rule 62A makes similar provision in relation to proceedings at which a witness in the UK gives evidence by telephone link under section 31(4) of the Act.

New Rule 62B restricts access to records kept under rules 60, 62 and 62A.

Rule 2(4) amends the Schedule to the principal Rules by inserting new Forms 7A to 7D for use in connection with applications prescribed in these Rules.

Footnotes

[^f00001]: 1978 c. 23

[^f00002]: 1990 c. 5

[^f00003]: 2003 c. 32; section 49 is supplemented by section 3(4)(b) of, and paragraph 4 of Schedule 1, and paragraphs 8, 10 and 17 of Schedule 2 to, the 2003 Act

[^f00004]: 1999 c. 23

[^f00005]: S.R. 1979 No. 90; to which the most recent relevant amendments were made by S.R. 1991 No. 327, S.R. 2003 No. 279 and S.R. 2003 No. 471

[^f00006]: S.I. 1988/1846 (N.I. 16)

[^f00007]: S.I. 1995/757 (N.I. 3)

[^f00008]: 1969 c. 15 (N.I.)

[^f00009]: 2003 c. 32