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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

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Made: 22nd March 1979

Coming into operation: 18th April 1979

We, the Crown Court Rules Committee, in exercise of the powers conferred upon us by sections 48(5), 51(5) and 51(1) of the Judicature (Northern Ireland) Act 1978[^f00028] and section 7 of the Costs in Criminal Cases Act (Northern Ireland) 1968[^f00029], hereby with the concurrence of the Lord Chancellor make the following Rules:

PART I — INTRODUCTION

Citation and Commencement

1

These Rules may be cited as the Crown Court Rules (Northern Ireland) 1979 and shall come into operation on 18th April 1979.

Interpretation

2

(1) In these Rules, unless the context otherwise requires,—

"[^f00030] the Act" means the Judicature (Northern Ireland) Act 1978;

“chief clerk” [[^f00031]...] includes such other [[^f00032] civil servant in the Department of Justice] as may be authorised to act on his behalf for the purpose in question;

“committal proceedings” means proceedings before a magistrates' court conducting a preliminary investigation or preliminary enquiry;

“depositions” means depositions taken before a magistrates' court and includes written statements tendered in evidence under section 3 of the Criminal Procedure (Committal for Trial Act) (Northern Ireland) 1968[^f00033], and

document exhibited to such depositions or statements and the statement of the accused;

“judge” means a judge of the High Court or a county court judge;

“magistrates' court” means a court under the Magistrates' Courts Act (Northern Ireland) 1964[^f00034] or the Children and Young Persons Act (Northern Ireland) 1968[^f00035];

“prosecutor” means the Director of Public Prosecutions when the prosecution is being carried on by him;

“Taxing Master” means the Master (Taxing Office) or such other person as may be designated or appointed to exercise jurisdiction under section 60(1) of the Act;

[[^f00036] “the 1999 Act” means the Youth Justice and Criminal Evidence Act 1999.)

[[^f00037] “the 1999 Order” means the Criminal Evidence (Northern Ireland) Order 1999[^f00038].]

[[^f00039] “the 2004 Order” means the Criminal Justice (Evidence) (Northern Ireland) Order 2004[^f00040].]

(2) In these Rules any reference to a rule or schedule shall be construed as a reference to a rule contained in these Rules or as the case may be, to a schedule thereto; and any reference in a rule to a paragraph shall be construed as a reference to a paragraph of that rule.

(3) The forms in the schedule shall be used where applicable with such variations as the circumstances of the particular case require.

PART II — COSTS BETWEEN PARTIES IN CROWN COURT

Taxation of costs

3

(1) Where [[^f00041]...] the Court has made an order for the costs of any proceedings to be paid by a party and the Court has not fixed a sum, the amount of the costs to be paid shall be ascertained as soon as possible by the Taxing Master.

(2) On taxation there shall be allowed such sum as is reasonably sufficient to compensate the party for the expenses properly incurred by him.

Review by Taxing Master

4

(1) Any party dissatisfied with the taxation of any costs by the Taxing Master under rule 3 may apply to him to review his decision.

(2) The application shall be made by giving notice to the Taxing Master and to any other party to the taxation within 14 days of the taxation specifying the items in respect of which the application is made and the grounds of objection.

(3) Any party to whom notice is given under the preceding paragraph may within 14 days of the service of the notice deliver to the Taxing Master answers in writing—

to the objections specified in that notice and, if he does, shall send copies to the applicant for the review and to any other party to the taxation.

(4) The Taxing Master shall reconsider his taxation in the light of the objections and answers, if any, of the parties and any oral representations made by them or on behalf and shall notify them of the result of his review.

(5) Before reaching his decision the Taxing Master may consult the judge who made the order for costs.

Appeal to High Court Judge

5

(1) Any party dissatisfied with the result of a review of taxation under rule 4 may, within 14 days of receiving notification thereof, request the Taxing Master to supply him with reasons in writing for his decision and may within 14 days of the receipt of such reasons appeal to the High Court.

(2) On the hearing of the appeal the High Court may reverse, affirm or amend the decision appealed against or make such other order as it thinks appropriate.

(3) Unless the High Court otherwise directs, no further evidence shall be received on the hearing of the appeal; and no ground of objection shall be valid which was not raised on the review under rule 4.

Supplementary provisions

6

(1) On a review or an appeal to the High Court the Taxing Master or that Court may make such order as seems just in respect of the costs of the hearing of the review or the appeal, as the case may be.

(2) Any time prescribed by rule 4 or 5 may be extended by the Taxing Master or the High Court on such terms as seem just.

PART III — BAIL

Interpretation

7

In this Part, save where the context otherwise requires;—

“application” means an application to the Court in relation to bail;

“surrender to custody” means, in relation to a person released on bail, surrendering himself into the custody of the Court or other proper authority (according to the requirements of the order admitting him to bail) at the time and place appointed for him to do so.

Applications in relation to bail

8

(1) Every application, other than an application during a trial before the Court, shall be made by delivering to the office of the chief clerk at Belfast a notice setting out the grounds of the application and referring to any earlier application to the Court, the High Court or a magistrates' court in the same proceedings.

(2) An application by a defendant shall be in Form 1 in the schedule and an application by any other person shall be in Form 1A.

(3) The chief clerk on receiving the notice shall—

(a) give a copy thereof to the prosecutor, unless he is the applicant, and at the same time inform him by telephone of the terms of the notice;

(b) where the application has been made by the prosecutor or a surety in respect of a defendant who is on bail, give a copy of the notice to that defendant; and

(c) subject to any direction of the Court, list the application for hearing for a time not later than 7 days from the date on which he received the notice and inform the defendant and the prosecutor and, where he is the applicant, the surety of the time and place of the hearing.

(4) The hearing shall be at Belfast unless the chief clerk at Belfast, subject to and in accordance with directions of a judge, arranges otherwise.

Admission to bail

9

(1) Where a defendant is admitted to bail under rule 8, the chief clerk shall forthwith file the order admitting the defendant to bail, and such order shall be in Form 2 in the schedule.

(2) The chief clerk shall give a copy of the order to the defendant by handing it to the person having custody of him.

Security instead of recognizances

10

The Court may, instead of requiring a person to enter into a recognizance, consent to his giving other security, and such security may be given by that person or on his behalf.

Persons to take recognizances

11

(1) The Court may direct that a recognizance shall be entered into or other security given before—

(a) a magistrates' court;

(b) a clerk of petty sessions;

(d) in cases to which section 51(7)(a) of the Act applies, the officer in charge of the police station to which a defendant is taken or a police officer of the rank of inspector or above; or

(e) where the person admitted to bail is in a prison or other place of detention, the governor or keeper of that place.

(2) Where the Court gives no direction under paragraph (1), a recognizance may, where the statutory conditions are satisfied, be entered into before any of the persons specified in that paragraph.

Manner in which recognizance is to be entered into

12

(1) A recognizance may be entered into or security given before a person specified in rule 11(1) on the production to him of a copy of the order admitting the defendant to bail with or without sureties of such number and amount as the Court may direct.

(1A) [^f00042]A person specified in rule 11(1) before whom a recognizance may be entered into may require, a person offering himself as surety to a recognizance to produce evidence as to his means and as to his identity and place of abode and to sign a certificate that he is possessed of sufficient means to pay the sum in which he is to be bound under the recognizance.

(1B) Such certificate shall be attached to or endorsed on the recognizance.]

(2) Where, in pursuance of an order of the Court, a recognizance is entered into or other security given before any person, it shall be his duty to cause the recognizance or, as the case may be, a statement of the other security given to be transmitted forthwith to the chief clerk; and a copy of the recognizance or statement shall at the same time be sent to the governor or keeper of the prison or other place of detention in which the person named in the order was detained, unless the recognizance was entered into or other security given before such governor or keeper.

Estreat of recognizance

13

Where a recognizance has been entered into by or in respect of a defendant admitted to bail to appear before the Court and it appears to the Court that default has been made in performing the conditions of the recognizance, the Court may either of its own motion or on the application of the prosecutor order the recognizance to be estreated in any such sum not exceeding the amount of the recognizance as it thinks fit to order.

Forfeiture of security

14

(1) Where security has been given by or on behalf of a defendant for his surrender to custody and the Court is satisfied that he failed to surrender to custody, then, unless it appears to the Court that he had reasonable cause for his failure, the Court may either of its own motion or on the application of the prosecutor order the forfeiture of the security in any such sum not exceeding the value thereof as it thinks fit to order.

(2) A security which has been ordered to be forfeited under paragraph (1) shall to the extent of the forfeiture—

(a) if it consists of money, be accounted for and paid in the same manner as a fine imposed by the Court would be; and

(b) if it does not consist of money, be enforced by such magistrates' court as may be specified in the order.

Procedure for estreat or forfeiture

15

Where the Court is to consider making an order under rule 13 or 14, the chief clerk shall give notice to that effect to the person by whom the recognizance was entered into or security given, indicating the time and place at which the matter will be considered, and no such order shall be made before the expiration of 7 days after the notice required by this paragraph has been given.

Recommittal

16

If a defendant has been released on bail and, on the application of the prosecutor or a surety, it appears to the Court that—

(a) he has failed to surrender to custody;

(b) he is in breach of any condition of his bail; or

the Court may order that he be recommitted to custody and issue a warrant for his arrest.

Variation of order admitting to bail

17

Where the Court has admitted a defendant to bail, it may, on application by the defendant or the prosecutor or a surety,—

(a) vary or dispense with any conditions of bail or impose conditions in respect of bail to which the defendant has been admitted unconditionally;

(b) increase or reduce the amount in which the defendant or any surety is bound; or

Postponement of taking recognizances

18

The Court may, on making an order admitting to bail, direct that the taking of recognizances be postponed for such period as the Court thinks fit.

PART IV — INDICTMENTS

Material, etc, for indictments

19

(1) An indictment shall be on durable paper, and may be produced by one of the following means, that is to say, printing, writing (which must be clear and legible) and typewriting otherwise than by means of a carbon, and may be produced partly by one of those means and partly by another or others of them.

(2) Each sheet on which an indictment is set out shall be 297 millimetres long and 210 millimetres wide, and if more than one sheet is required, the sheets shall be fastened together in book form.

(3) A proper margin not less than 25 millimetres wide shall be kept on the left-hand side of each sheet.

(4) An indictment shall not be open to objection by reason only of any failure to comply with this rule.

[Form of an indictment

20

(1) Subject to paragraph (2), an indictment shall be in Form 3 in the Schedule.

(2) Where the Court makes an order under section 17 of the Domestic Violence, Crime and Victims Act 2004 for a trial to take place on the basis that the trial of some, but not all, of the counts included in the indictment shall be conducted without a jury, an indictment shall be in Form 3A in the Schedule.]

Joining of charges in one indictment

21

Charges for any offences may be joined in the same indictment if those charges are founded on the same facts or form or are a part of a series of offences of the same or a similar character.

Mode in which offences are to be charged

22

(1) A description of the offence charged in an indictment or, where more than one offence is charged in an indictment, of each offence so charged shall be set out in the indictment in a separate paragraph called a count.

(2) A count of an indictment shall commence with a statement of the offence charged, called the statement of offence.

(3) The statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and, if the offence charged is on created by statute, shall contain a reference to the section of the statute creating the offence.

(4) After the statement of the offence, particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary:

Provided that where any rule of law or any statute limits the particulars of an offence which are required to be given in an indictment, nothing in this rule shall require any more particulars to be given than those so required.

(5) Where an indictment contains more than one count, the counts shall be numbered consecutively.

Provisions as to statutory offences

23

(1) Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities, or intentions or other matters stated in the alternative in the enactment may be stated in the alternative in the count charging the offence.

(2) It shall not be necessary, in any count charging a statutory offence, to negative any exception or exemption from or qualification to the operation of the statute creating the offence.

Description of property

24

(1) The description of property in a count in an indictment shall be in ordinary language and such as to indicate with reasonable clearness the property referred to, and if the property is so described it shall not be necessary (except when required for the purpose of describing an offence depending on any special ownership of property or special value of property) to name the person to whom the property belongs or state the value of the property.

(2) Where property is vested in more than one person and the owners of the property are referred to in an indictment, it shall be sufficient to describe the property as owned by one of those person by name with others, and if the persons owning the property are a body of persons with a collective name, such as “Trustees", "Commissioners", or "Club” or other such name, it shall be sufficient to use the collective name without naming an individual.

Description of persons

25

The description or designation in an indictment of the accused person or any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him, without necessarily stating his correct name or his abode, style, degree or occupation; and if, owing to the name of the person not being known, or for any other reason, it is impracticable or undesirable to give such a description or designation such description or designation shall be given as is reasonable in the circumstance, or such person may be described as “a person unknown”.

Description of document

26

Where it is necessary to refer any document or instrument in an indictment, it shall be sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof, without setting out any copy thereof.

General rule as to description

27

(1) Subject to any other provisions of these Rules, it shall be sufficient to describe in ordinary language any place, time, thing, matter, act or omission whatsoever to which it is necessary to refer in any indictment in such a manner as to indicate with reasonable clearness the place, time, thing, matter. Act or omission referred to.

(2) Figures shall and abbreviations may be used in an indictment for expressing anything which is commonly expressed thereby.

Statement of intent

28

It shall not be necessary in stating any intent to defraud, deceive or injure to state an intent to defraud, deceive or injure any particular person where the statute creating the offence does not make an intent to defraud, deceive or injure a particular person an essential ingredient of the offence.

Averment of previous conviction

29

Any averment of a previous conviction of an offence shall be made at the end of the indictment by means of a statement that the person accused has been previously convicted of an offence at a certain time and place without stating the particulars of the offence.

Saving for section 33(3) of the Children and Young Persons Act (Northern Ireland) 1968

30

Nothing in these Rules shall affect the provisions of subsection (3) of section 3 of the Children and Young Persons Act (Northern Ireland) 1968[^f00044].

Presentment of an indictment

31

An indictment shall be deemed to have been presented when it has been received in the office of the chief clerk.

Time for presentment

32

(1) [^f00045]Subject to the succeeding paragraphs of this rule, an indictment shall be presented not later than 11.00 a.m. on the day prior to the arraignment of the person accused therein.

(2) In any case in which a notice of transfer has been given under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988, the indictment shall be presented within 28 days of the giving of notice of transfer.

(3) In any case, other than a case to which (2) applies, where the prosecutor considers that the evidence on the indictment is likely to reveal a case of serious or complex fraud, the indictment shall be presented within 28 days of the date of committal.

(4) In any case, other than a case to which paragraph (2) applies, where it appears to the judge that a preparatory hearing is likely to be ordered, he may direct that the indictment be presented within 14 days from the date of this direction.

(5) The requirements contained in the preceding paragraph of this rule may be waived if—

(i) the accused consents to this course; and

(ii) the court gives leave.]

Substitution or amendment of an indictment

33

Subject to section 5 of the Indictments Act (Northern Ireland) 1945,[^f00046] no substituted or amended indictment shall be presented without prior leave of the court.

Procedure on application under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969

34

Every application to a judge under paragraph (e) of section 2(2) of the Grand Jury (Abolition) Act (Northern Ireland) 1969[^f00047] for leave to present an indictment shall—

(i) be in writing and signed by the applicant or his solicitor;

(ii) be accompanied by the indictment which it is proposed to present;

(iii) unless the application is made by or on behalf of the Director of Public Prosecutions for Northern Ireland, be accompanied by an affidavit by the applicant, or, if the applicant is a corporation, by an affidavit by a director or officer of the corporation, that the statements contained in the application are, to the best of the deponent's knowledge information and belief, true;

(iv) state whether or not any application has previously been made, whether there have been any committal proceedings, and the result of any such application or proceedings; and

(v) [^f00048]be served on the chief clerk and, subject to Rule 36A, at the same time on the accused, together with any accompanying documents.]

35

(1) Where there have been no committal proceedings, the application shall—

(a) state why it is desired to present an indictment without such proceedings;

(b) be accompanied by copies of the statements of the witnesses intended to be examined on behalf of the prosecution, and

(c) state that the evidence shown by these statements will be available at the trial and that the case disclosed by the statements, is to the best of the applicant's knowledge, information and belief, a true case.

(2) Where there have been committal proceedings and the magistrates' court has refused to commit the accused for trial, the application shall be accompanied by—

(a) a copy of the depositions; and

(b) the statements of any witnesses whom it is proposed to call so far as their evidence is not contained in the depositions;

and the application shall state that the evidence shown by the statements and (except so far as may be expressly stated to the contrary in the application) the evidence shown by the depositions will be available at the trial and that the case disclosed by the depositions and statements is, to the best of the applicant's knowledge, information and belief, a true case.

(3) Where the accused has been committed for trial, the application shall state why the application is made and shall be accompanied by copies of the statements of the witnesses intended to be examined on behalf of the prosecution, so far as the evidence shown in those statements is not contained in the depositions, and, unless the depositions have already been transmitted to the judge to whom the application is made, shall also be accompanied by a copy of the depositions; and the application shall state that the evidence shown by the said statements will be available at the trial and that the case disclosed by the depositions and the statements is, to the best of the applicant's knowledge, information and belief, a true case.

(4) Any requirement of this rule that an application should be accompanied by a copy of any depositions shall, as respects documents exhibited to those depositions, be satisfied if a copy of such parts only of the exhibits as are, in the opinion of the applicant, material accompanies the application and the application contains an express statement to that effect.

36

(1) [^f00049]The accused may, within fourteen days of service of the application under rule 34, serve on the chief clerk—

(a) a written submission giving his reasons for opposing the application; or

(b) an application in writing for leave to make oral submissions, and shall at the same time, serve a copy on the opposite party to the proceedings.

(2) An application for leave under paragraph (1)(b) shall be determined by a judge who may direct a hearing and the chief clerk shall notify the parties of the time and place of any such hearing.

(3) The chief clerk shall notify all parties of the decision of the court on the application for leave to make oral submissions and, where leave is granted, the notification shall state the time and place at which the submissions will be made.

(4) Notwithstanding paragraph (1), the judge may, if he thinks fit before deciding the application—

(a) Require written or oral submission from the applicant or the accused;

(b) Require the attendance of the applicant, the accused or any of the witnesses.

(5) Any application for leave to respond orally or in writing to written submissions made under paragraphs (1) or (4) shall be made in writing, specifying the grounds for the application, and served on the chief clerk within seven days of service of the written submission and at the same time, a copy thereof shall be served on the opposite party to the proceedings.

(6) An application for leave under paragraph (5) shall be determined by a judge who may direct a hearing and the chief clerk shall notify the parties of the time and place of any such hearing.

(7) The chief clerk shall notify all parties of the decision of the court on an application made under paragraph (5) and —

(a) where leave is granted for oral submissions to be made, the notification shall state the time and place at which the submissions will be made;

(b) where leave is granted for written submissions to be made, the notification shall state the period within which the written submissions shall be lodged with the chief clerk and served on the opposite party.

(8) Where oral submissions are made under paragraphs (1) or (4)(a) or the applicant, accused or any of the witnesses attends under paragraph (4)(b)—

(a) the attendance before the judge [may take place in private[^f00050]];

(b) unless the judge gives a direction to the contrary, the applicant or the accused may attend a solicitor or by counsel.

(9) Where the applications under rule 34 for leave to prefer an indictment is determined otherwise than at an oral hearing, the chief clerk shall forthwith notify the parties of the judge's decision.

(10) The period of 14 days in paragraph (1) or the period of seven days in paragraph (5) or the time period specified in a notice given under paragraph (7)(b) may be extended, either before or after it expires, on an application made in writing specifying the grounds for the application and served on the chief clerk and a copy of the application shall be served by the applicant on every other party to the proceedings.

(11) An application for extension of time under paragraph (10) shall be determined by a judge who may direct a hearing and the chief clerk shall notify the parties of the time and place of any such hearing.

(12) The chief clerk shall notify all the parties of the decision of the court on the application for extension of time.]

37

It shall be the duty of any person having custody of any depositions to give to any person desiring to make an application for leave to present a bill of indictment against the person who was accused when those depositions were taken a reasonable opportunity to inspect the depositions and, if so required by him, to supply him, on payment of the appropriate fee with copies of the depositions or any part thereof.

Duty to furnish copy of indictment

38

(1) A person charged on indictment shall be supplied before arraignment by the chief clerk with a copy of the indictment free of charge.

(2) The cost of supplying a person charged on indictment with a copy of the indictment shall for the purposes of section 1 but not of section 2 of the Costs in Criminal Cases Act (Northern Ireland) 1968[^f00052] be treated as part of the costs of the prosecution.

PART V — REFERENCES TO THE EUROPEAN COURT

Interpretation

39

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

Orders of the Court

40

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

Transmission of the order to the European Court

41

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

Adjournment pending ruling

42

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

PART VI — MISCELLANEOUS

Special directions pursuant to section 47(2)

43

(1) Where directions under section 47(2) of the Act confer power on the Lord Chief Justice to give special directions in regard to particular cases, he may give such directions either of his own motion or on the application of the defendant or the prosecutor.

(2) Any such application must be in writing and state the grounds of the application.

(3) With a view to giving any special directions the Lord Chief Justice may, if he considers it necessary, direct the parties to appear before him.

Time limits for beginning of trials

44

[^f00053]The periods specified for the purposes of paragraphs (a) and (b) of section 48(5) of the Act shall be 8 days and 14 weeks respectively, and accordingly the trial of a person committed by a magistrates' court or whose case has been transferred to the Crown Court under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or [[^f00054]Article 4 of the Children's Evidence (Northern Ireland) Order 1995]—

(a) shall not begin until the expiration of 8 days beginning with the date of his committal or the date of the giving of the notice of transfer as the case maybe, except with his consent and the consent of the prosecutor, and

(b) shall, unless the court has otherwise ordered, begin not later than the expiration of 14 weeks beginning with the date of his committal or the date of the giving of the notice of transfer, as the case may be.]

Variation or rescission of sentence or order under section 49

45

Where a judge considers pursuant to section 49 of the Act whether a sentence or other order should be varied or rescinded, he shall do so in open court.

Manner of application

46

Where no other provision is made in these Rules as to the way in which an application is made to the Court (otherwise than at the trial) under these Rules, the application shall be made in writing and delivered to the chief clerk and a copy thereof given to every other party to the proceedings.]

Service of documents

47

Any notice or other document which is required by these Rules to be given to any person may be served personally on, or sent by post to, that person or his solicitor.

Amendment

48

Section 7 of the Costs in Criminal Cases Act (Northern Ireland) 1968[^f00010] shall have effect with the insertion after the word “payment” of the words “or the taxation”.

Annulment of Indictments Rules (Northern Ireland) 1977

49

The Indictments Rules (Northern Ireland) 1977[^f00101] are hereby annulled.

Repeal

50

Upon the coming into force of these Rules sections 1 and 2 of the Indictments Act (Northern Ireland) 1945[^f00102] and in section 7 of that Act the words “or the rules made there under” shall cease to have effect.

SCHEDULE

FORM 1

Rule 8(2)

FORM 1A

Rule 8(2)

FORM 2

Rule 9(1)

FORM 3

Rule 20

FORM 4

Rule 40(2)

Signed

Robert Lowry — Turlough O'Donnell — Basil Kelly — R.R. Chambers — R. Porter — J.G. Fox — R. Appleton — Denis Synge Stephens — James Oliver Brady — James G. Doran — G.B. Turkington — Dated 22nd March 1979

I concur

Elwyn-Jones C. — Dated 26th March 1979

Explanatory note

(This note is not part of the Rules but is intended to indicate their general purport.)

EXPLANATORY NOTE

The Judicature (Northern Ireland) Act 1978 provides for the establishment of a new court, the Crown Court in Northern Ireland, to conduct criminal trials on indictment and in that respect to exercise jurisdiction formerly vested in the High Court and County Court. The Rules regulate the procedure and practice of the Crown Court with regard to the matters specified in the Rules and also supersede the Indictments Rules made under the Indictments Act (Northern Ireland) 1945.

Footnotes

[^f00028]: 1978 c. 23

[^f00029]: 1968 c. 10 (N.I.)

[^f00030]: Inserted by S.R. 1989 No. 296 with effect from 01.09.89

[^f00031]: Words omitted by S.R. 2016 No. 297 with effect from 31.10.16

[^f00032]: Words substituted by S.R. 2010 No. 133 with effect from 12.04.10

[^f00033]: 1968 c. 31 (N.I.)

[^f00034]: 1964 c. 21 (N.I.)

[^f00035]: 1968 c. 34 (N.I.)

[^f00036]: Definition inserted by S.R. 2004 No. 233 with effect from 17.05.04

[^f00037]: Definition inserted by S.R. 2003 No. 279 with effect from 30.06.03

[^f00038]: S.I. 1999 No. 278

[^f00039]: Definition inserted by S.R. 2005 No. 80 with effect from 18.04.05

[^f00040]: S.I. 2004 No. 1501

[^f00041]: Words omitted by S.R. 2013 No. 82 with effect from 11.05.13

[^f00042]: Rules 12(1A) and 12(1B) inserted by S.R. 2000 No. 227 with effect from 21.08.00

[^f00043]: Rule substituted by S.R. 2006 No. 499 with effect from 08.01.07

[^f00044]: 1968 c. 34 (N.I.)

[^f00045]: Rule 32 substituted by S.R. 1989 No. 294 with effect from 01.09.89

[^f00046]: 1945 c. 16 (N.I.)

[^f00047]: 1969 c. 15 (N.I.)

[^f00048]: Paragraph substituted by S.R. 2003 No. 71 with effect from 24.03.03

[^f00049]: Rule 36 substituted by S.R. 2003 No. 71 with effect from 24.03.03

[^f00050]: Inserted by S.R. 2003 No. 279 with effect from 30.06.03

[^f00051]: Rule 36A Inserted by S.R. 2003 No. 71 with effect from 24.03.03

[^f00052]: 1968 c. 10 (N.I.)

[^f00053]: Rule 44 substituted by S.R. 1989 No. 294 with effect from 01.09.89

[^f00054]: Inserted by S.R. 1996 No. 71 with effect from 08.04.96

[^f00055]: Rule 44A inserted by S.R. 1989 No. 296 with effect from 01.09.89

[^f00056]: Rules 44AA and 44AB inserted by S.R. 2006 No. 499 with effect from 08.01.07

[^f00057]: S.I. 1988/1846 (N.I. 16)

[^f00058]: S.I. 1995/757 (N.I. 3)

[^f00059]: 1969 c. 15 (N.I.)

[^f00060]: Inserted by S.R. 2003 No. 471 with effect from 01.12.03

[^f00061]: Paragraph inserted by S.R. 2013 No. 82 with effect from 11.05.13

[^f00062]: Rule 44C substituted by S.R. 2003 No. 279 with effect from 30.06.03

[^f00063]: Substituted by S.R. 2003 No. 471 with effect from 01.12.03

[^f00064]: Rule 44CA inserted by S.R. 2003 No. 279 with effect from 30.06.03

[^f00065]: Substituted by S.R. 2003 No. 471 with effect from 01.12.03

[^f00066]: Rule 44CBA inserted by S.R. 2011 No. 420 with effect from 01.01.12

[^f00067]: Substituted by S.R. 2003 No. 471 with effect from 01.12.03

[^f00068]: Words omitted by S.R. 2011 No. 420 with effect from 01.01.12

[^f00069]: Words substituted by S.R. 2003 No. 471 with effect from 01.12.03

[^f00070]: Paragraphs 3 and 4 omitted by S.R. 2011 No. 420 with effect from 01.01.12

[^f00071]: Substituted by S.R. 2003 No. 471 with effect from 01.12.03

[^f00072]: Paragraph inserted by S.R. 2013 No. 82 with effect from 11.05.13

[^f00073]: Inserted by S.R. 2003 No. 471 with effect from 01.12.03

[^f00074]: Substituted by S.R. 2003 No. 471 with effect from 01.12.03

[^f00075]: Rules 44D to 44H substituted by S.R. 2003 No. 471 with effect from 01.12.03

[^f00076]: Rules 44I - 44M inserted by S.R. 2004 No. 233 with effect from 17.05.04

[^f00077]: Rules inserted by S.R. 2005 No. 80 with effect from 18.04.05

[^f00078]: 1996 c. 25; section 3 was amended by section 82(1) of paragraph 7 (1) of Schedule 4 to the Regulation of Investigatory Powers Act 2000 (c. 23) and is prospectively amended by section 32 of the Criminal Justice Act 2003 (c. 44)

[^f00079]: S.I. 1998/1846 (N.I. 16)

[^f00080]: S.I. 1995/757 (N.I. 3)

[^f00081]: 1969 c. 15 (N.I.)

[^f00082]: S.I. 1988/1846 (N.I. 16)

[^f00083]: S.I. 1995/757 (N.I. 3)

[^f00084]: 1969 c. 15 (N.I.)

[^f00085]: Rule 44P inserted by S.R. 2006 No. 449 with effect from 08.01.07

[^f00086]: S.I. 1988/1846 (N.I. 16)

[^f00087]: S.I. 1995/757 (N.I. 3)

[^f00088]: 1969 c. 15 (N.I.)

[^f00089]: 1996 c. 25

[^f00090]: Rules 44Q to 44T inserted by S.R. 2008 No. 505

[^f00091]: S.I. 1998/1846 (N.I. 16)

[^f00092]: S.I. 1995/757 (N.I. 13)

[^f00093]: 1969 c. 15 (N.I.)

[^f00094]: Rules 44U to 44W inserted by S.R. 2013 No. 82 with effect from 11.05.13

[^f00095]: Rule 46 substituted by S.R. 2011 No. 230 with effect from 25.07.11

[^f00096]: Rule inserted by S.R. 1999 No. 134 with effect from 16.08.99

[^f00097]: Substituted by S.R. 2016 No. 297 with effect from 31.10.16

[^f00098]: Words omitted by S.R. 2016 No. 297 with effect from 31.10.16

[^f00099]: Rule omitted by S.R. 2013 No. 82 with effect from 11.05.13

[^f00100]: Rule inserted by S.R. 2014 No. 219 with effect from 05.09.14

[^f00101]: S.R. 1977 No. 191

[^f00102]: 1945 c.16 (N.I.)

[^f00103]: Part VII substituted by S.R. 1996 No. 281 with effect from 25.08.96

[^f00104]: S.I. 1996/1299 (N.I. 9)

[^f00105]: Words omitted by S.R. 2016 No. 297 with effect from 31.10.16

[^f00106]: Words inserted by S.R. 2001 No. 253 with effect from 24.02.03

[^f00107]: Part VIII substituted by S.R. 2004 No. 233 with effect from 17.05.04

[^f00108]: 2003 c. 32

[^f00109]: Words inserted by S.R. 2011 No. 230 with effect from 25.07.11

[^f00110]: Omitted by S.R. 2011 No. 230 with effect from 25.07.11

[^f00113]: Inserted by S.R. 1999 No. 491 with effect from 17.01.00

[^f00114]: Renumbered by S.R. 2000 No. 227 with effect from 21.08.00.

[^f00115]: 1998 c. 47

[^f00116]: Renumbered by S.R. 2000 No. 227 with effect from 21.08.00

[^f00117]: Renumbered by S.R. 2000 No. 227 with effect from 21.08.00

[^f00118]: Part X inserted by S.R. 2000 No. 227 with effect from 21.08.00

[^f00119]: 1996 c. 24

[^f00120]: Part XI inserted by S.R. 2003 No. 71 with effect from 24.03.03

[^f00121]: Inserted by S.R. 2003 No. 279 with effect from 30.06.03

[^f00122]: Words substituted by S.R. 2016 No. 297 with effect from 31.10.16

[^f00123]: Rule 75 revoked by S.I. 2008 No. 574 with effect from 01.04.08

[^f00124]: Words omitted by S.I. 2008 No. 574 with effect from 01.04.08

[^f00125]: Rules 76A and 76B inserted by S.R. 2015 No. 241

[^f00126]: Words omitted by S.I. 2008 No. 574 with effect from 01.04.08

[^f00127]: Words omitted by S.I. 2008 No. 574 with effect from 01.04.08

[^f00128]: Rule 83(2) substituted by S.R. 2015 No. 241 with effect from 01.06.15

[^f00129]: Words substituted by S.R. 2015 No. 241 with effect from 01.06.15

[^f00130]: Words added by S.R. 2015 No. 241 with effect from 01.06.15

[^f00131]: Words omitted by S.I. 2008 No. 574 with effect from 01.04.08

[^f00132]: Words omitted by S.I. 2008 No. 574 with effect from 01.04.08

[^f00133]: Words omitted by S.I. 2008 No. 574 with effect from 01.04.08

[^f00134]: Words omitted by S.R. 2016 No. 297 with effect from 31.10.16

[^f00135]: Word substituted by S.I. 2008 No. 574 with effect from 1.04.08

[^f00136]: 2000 c. 11

[^f00137]: Rule 105 inserted by S.R. 2003 No. 279 with effect from 30.06.03

[^f00138]: 2000 c. 16

[^f00139]: Words omitted by S.R. 2016 No. 297 with effect from 31.10.16

[^f00140]: Words substituted by S.R. 2010 No. 133 with effect from 12.04.10

[^f00145]: Forms 3A inserted by S.R. 2006 No. 449 with effect from 08.01.07

[^f00146]: Forms 5-5C inserted by S.R. 2006 No. 449 with effect from 08.01.07

[^f00147]: Forms 7J and 7K inserted by S.R. 2006 No. 499 with effect from 08.01.07

[^f00148]: Forms 7L-7O inserted by S.R. 2008 No. 505 with effect from 02.02.09

[^f00149]: Form 7N substituted by S.R. 2013 No. 82 with effect from 11.05.13

[^f00150]: Forms 7P and 7Q inserted by S.R. 2013 No. 82 with effect from 11.05.13

[^f00151]: Form 8 inserted by S.R. 1999 No. 491 with effect from 17.01.00

[^f00152]: Form 9 inserted by S.R. 1999 No. 491 with effect from 17.01.00

[^f00153]: Form 10 inserted by S.R. 1999 No. 491 with effect from 17.01.00

[^f00154]: Form 11 inserted by S.R. 1999 No. 491 with effect from 17.01.00

PART 1 — INTRODUCTION

Citation and Commencement

Interpretation

Appeal to the High Court Judge

8

(1) Every application, other than an application during a trial before the Court, shall be made by delivering to the office of the chief clerk at Belfast a notice setting out the grounds of the application and referring to any earlier application to the Court, the High Court or a magistrates' court in the same proceedings

(2) An application by a defendant shall be in Form 1 in the schedule and an application by any other person shall be in Form 1A.

(3) The chief clerk on receiving the notice shall—

(a) give a copy thereof to the prosecutor, unless he is the applicant, and at the same time inform him by telephone of the terms of the notice;

(b) where the application has been made by the prosecutor or a surety in respect of a defendant who is on bail, give a copy of the notice to that defendant; and

(c) subject to any direction of the Court, list the application for hearing for a time not later than 7 days from the date on which he received the notice and inform the defendant and the prosecutor and, where he is the applicant, the surety of the time and place of the hearing.

(4) The hearing shall be at Belfast unless the chief clerk at Belfast, subject to and in accordance with directions of a judge, arranges otherwise.

9

(1) Where a defendant is admitted to bail under rule 8, the chief clerk shall forthwith file the order admitting the defendant to bail, and such order shall be in Form 2 in the Schedule.

(2) The chief clerk shall give a copy of the order to the defendant by handing it to the person having custody of him.

10

The Court may instead of requiring a person to enter into a recognizance, consent to his giving other security, and such security may be given by that person or on his behalf.

11

(1) The Court may direct that a recognizance shall be entered into or other security given before—

(a) a magistrates' court;

(b) a clerk of petty sessions;

(d) in cases to which section 51 (7)(a) of the Act applies, the officer in charge of the police station to which a defendant is taken or a police officer of the rank of inspector or above; or

(e) where the person admitted to bail is in a prison or other place of detention, the governor or keeper of that place.

(2) Where the Court gives no direction under paragraph (1), a recognizance may, where the statutory conditions are satisfied, be entered into before any of the persons specified in that paragraph.

Description of person

36A

(1) [^f00051]An application to the judge for leave to dispense with service under rule 34 on the accused shall be made in writing and shall be served on the chief clerk.

(13) Any application made under paragraph (1) shall specify the grounds for the application.]

[ Hearings in Camera

44A

(1) Where a prosecutor or a defendant intends to apply for an order that all or part of a trial be held in camera for reasons of national security or for the protection of the identity of a witness or any other person he shall not less than 7 days before the date on which the trial is expected to begin serve a notice in writing to that effect on the chief clerk and shall at the same time serve a copy of the notice on each other party to the proceedings.

(2) On receiving such notice, the chief clerk shall forthwith cause a copy thereof to be displayed in a prominent place within the precincts of the Court.

(3) An application by a prosecutor or a defendant who has served such a notice for an order that all or part of a trial be heard in camera shall, unless the Court otherwise orders, be made in camera after the defendant has been arraigned but before the beginning of the trial and if such an order is made, the trial shall be adjourned until whichever of the following shall be appropriate—

(a) 24 hours after the making of the order, where no application for leave to appeal from the order is made; or

(b) After the determination of an application to the Court of Appeal for leave to appeal, where the application is dismissed; or

(4) For the purposes of this Rule, a trial shall begin upon the date upon which a defendant is put in charge of the jury or, where the trial is conducted by a judge without a jury under the Northern Ireland (Emergency Provisions) Acts 1978 and 1987 upon the date on which Crown Counsel begins to open the Crown case to the judge.]

[ Trial without jury where danger of jury tampering

44AA

(1) An application by the prosecution for a trial to be conducted without a jury under section 44 of the Criminal Justice Act 2003 (danger of jury tampering) shall be made by giving notice in writing which shall be in Form 5 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 1988[^f00057] or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995[^f00058] 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[^f00059] was given, or

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

(3) Where the grounds for making an application under paragraph (1) do not arise until after the expiry of the time limit specified above, the prosecution shall make the application as soon as reasonably practicable.

(4) Any party who wishes to oppose the application under paragraph (1) shall, within 14 days of the date that 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.

(5) An application under paragraph (1) shall be determined by a judge at a hearing on or after the arraignment of the accused and the chief clerk shall notify the parties of the time and place of any such hearing.

(6) A party notified in accordance with paragraph (5) may be present at the hearing and be heard.

(7) 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 5A in the Schedule.

(8) An application to the judge of the Crown Court for leave to appeal under section 47(1) of the Criminal Justice Act 2003 shall be made orally within two days of the making of the order or ruling to which it relates.

(9) Unless the application is made on the occasion of the order or ruling to which it relates, the appellant shall serve notice in writing thereof, specifying the grounds of the application on the chief clerk and on every other party to the proceedings directly affected by the order or ruling which is the subject of the application for leave to appeal.

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

Trial by jury of sample counts only

44AB

(1) An application under section 17 of the Domestic Violence, Crime and Victims Act 2004 (application by prosecution for certain counts to be tried without a jury) shall be made by giving notice in writing which shall be in Form 5B in the Schedule.

(2) The notice under paragraph (1) shall be accompanied by a copy of the indictment in Form 3A in the Schedule which it would be intended to present if the Court makes an order for the trial to take on the basis that the trial of some, but not all, of the counts included in the indictment may be conducted without a jury and 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 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) Any party who wishes to oppose the application under paragraph (1) shall, within 14 days of the date that 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) An application under paragraph (1) shall be determined by a judge at a hearing on or after the arraignment of the accused and the chief clerk shall notify the parties of the time and place of any such hearing.

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

(6) 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 5C in the Schedule.

(7) An application to the judge of the Crown Court for leave to appeal under section 18A(1) of the Domestic Violence, Crime and Victims Act 2004 shall be made orally within two clays of the making of the order or ruling to which it relates.

(8) Unless the application is made on the occasion of the order or ruling to which it relates, the appellant shall serve notice in writing thereof, specifying the grounds of the application, on the chief clerk and on every other party to the proceedings directly affected by the order or ruling which is the subject of the application for leave to appeal.

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

[ Application for special measures directions

44B

(1) An application for a special measures direction under Article 7 of the 1999 Order, shall be made by giving notice in writing, which shall be in Form 6 in the Schedule.

(2) If the application is for a special measures direction—

(a) enabling a witness to give evidence by means of a live link, the information sought in Part 2 of Form 6 shall be provided;

(b) enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the information sought in Part 3 of Form 6 shall be provided;

(i) the information sought in Part 4 of Form 6; and

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

shall be provided.]

(3) 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.

(4) 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.

(5) Any party on whom a copy of a notice of the application under paragraph (1) is served may oppose the application for a special measures direction in respect of any measure available in relation to the witness, whether or not the question of whether the witness is eligible for assistance by virtue of Article 4 or 5 of the 1999 Order is in issue.

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

(7) In order to comply with paragraph (6)—

(a) a party shall state in the written notification whether he—

(i) disputes that the witness is eligible for assistance by virtue of Article 4 or 5 of the 1999 Order;

(ii) disputes that any of the special measures available would be likely to improve the quality of evidence given by the witness or that such measures (or a combination of them) would be likely to maximise the quality of that evidence; and

(iii) opposes the granting of a special measures direction; and

(b) where the application relates to the admission of a copy of a video recording, a party who receives a recording shall provide the information required by rule 44CE(5).

(8) Except where notice is received in accordance with paragraph (6), the Court may—

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

(b) direct a hearing.

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

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

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

(12) 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 7 in the Schedule, and if the application was made for a direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of that witness, the notification shall state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence].

[ Application for an extension of time

44C

(1) An application may be made in writing for the period of 28 days specified in rule [[^f00063]44B(3)] to be extended.

(2) The application may be made either before or after that period has expired.

(3) The application shall be accompanied by a statement setting out the reasons why the applicant is or was unable to make the application within that period, and the application and that statement shall be served by the applicant on the chief clerk and every other party to the proceedings.

(4) An application for an extension of time under this rule shall be determined by a judge without a hearing unless the judge otherwise directs.

(5) The chief clerk shall notify all the parties of the judge's decision.]

[ Late Applications

44CA

(1) Notwithstanding the requirements of rule [[^f00063]44B]—

(a) an application may be made for a special measures direction orally at the trial; or

(b) the Court may of its own motion raise the issue whether a special measures direction should be given.

(2) Where an application is made in accordance with paragraph (1)(a)—

(a) the applicant must state the reasons for the late application; and

(b) the Court must be satisfied that the applicant was unable to make the application in accordance with rule [[^f00065]44B].

(3) The Court shall determine before making a special measures direction—

(a) whether to allow other parties to the proceedings to make representations on the question;

(b) the time allowed for making such representations (if any); and

Discharge or variation of a special measures direction

44CB

(1) An application to discharge or vary a special measures direction under Article 8(2) of the 1999 Order 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, by the applicant, on the chief clerk and on each party to the proceedings as soon as reasonably practicable after the change of circumstances occurs.

(3) Any party on whom an application is served in accordance with paragraph (2) may oppose the application on the ground that it discloses no material change of circumstances.

(4) Paragraphs (6) to (12) of rule [(a)44B] shall apply to an application to discharge or vary a special measures direction as they apply to an application for a direction.

[ Application to disapply or disapply in part the primary rule

44CBA

(1) An application to disapply or disapply in part the primary rule under Article 9(4)(ba) of the 1999 Order shall be made in writing and shall include such information as the Court requires to make a determination.

(2) An application under paragraph (1) shall be served, by the applicant, on the chief clerk and on each party to the proceedings as soon as reasonably practicable after the witness has expressed that wish.

(3) Paragraphs (6) to (12) of Rule 44B shall apply to an application to disapply or disapply in part the primary rule as they apply to an application for a direction.]

Renewal application following a material change of circumstances

44CC

(1) Where an application for a special measures direction has been refused by the Court, the application may only be renewed (“renewal application”) where there has been a material change of circumstances since the Court refused the application.

(2) The applicant shall—

(a) specify in the renewal application each material change of circumstances which is alleged to have occurred; and

(b) serve the renewal application on the chief clerk, and on each party to the proceedings, as soon as reasonably practicable after the change occurs.

(3) Any party on whom the application is served in accordance with paragraph (2)(b) may oppose the application on the ground that it discloses no material change of circumstances.

(4) Paragraphs (6) to (12) of rule [[^f00067]44B] and rules 44CD and 44CE shall apply to a renewal application as they apply to the application which was refused.

Application for a special measures direction for witness to give evidence by means of a live link

44CD

(1) Where the application for a special measures direction is made in accordance with rule [[^f00067]44B(2)(a)], for a witness to give evidence by means of a live link, the following provisions of this rule shall also apply.

(2) [[^f00068]...] a party who seeks to oppose an application for [^f00069] a child witness] to give evidence by means of a live link must, in order to comply with rule [[^f00067]44B(6)], state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness's evidence.

[[^f00070]...]

Video recording of testimony from witnesses

44CE

(1) Where an application is made for a special measures direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the following provisions of this rule shall also apply.

(2) Notice of the application made in accordance with rule [[^f00067]44B(1)] shall be accompanied by the video recording (or, as the case may be, a copy of the video recording) which it is proposed to tender in evidence and shall include—

(a) the name of the defendant and the offence to be charged;

(b) the name and date of birth of the witness in respect of whom the application is made;

(d) a statement as to whether, and if so at what point in the video recording, an oath was administered to, or a solemn declaration made by, the witness;

(e) a statement that, in the opinion of the applicant, either—

(i) the witness is available for cross-examination; or

(ii) the witness is not available for cross-examination and the parties have agreed that there is no need for the witness to be so available;

(f) a statement of the circumstances in which the video recording was made which complies with paragraph (4); and

(g) the date on which the video recording was disclosed to the other party or parties.

(3) Where it is proposed to tender part only of a video recording of an interview with the witness, the application must specify that part and be accompanied by a video recording of the entire interview, including those parts which it is not proposed to tender in evidence, and by a statement of the circumstances in which the video recording of the entire interview was made which complies with paragraph (4).

(4) The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(f) and (3) shall include the following information, except in so far as it is contained in the recording itself:—

(a) the times at which the recording commenced and finished, including details of interruptions;

(b) the location at which the recording was made and the usual function of the premises;

(i) [[^f00071]his] name, age and occupation;

(ii) the time for which each person was present; and

(iii) the relationship, if any, of each person to the witness and to the defendant;

(iv) [^f00072]whether or not the person present was there to act as an intermediary for a witness, and, if so, whether an application under Article 17 of the 1999 Order for the use of an intermediary has been made or will be made, and whether the intermediary made the declaration as set out in Form 7Q before acting.]

(ca) [^f00073]in relation to each person present at any point during the recording, a statement confirming that the said person when present is visible in the recording;]

(d) in relation to the equipment used for recording—

(i) a description of the equipment;

(ii) the number of cameras used;

(iii) whether the cameras were fixed or mobile;

(iv) the number and location of the microphones;

(v) the video format used; and

(vi) whether it offered single or multiple recording facilities and, if so, which were used; and

(e) the location of the master tape if the video recording is a copy and details of when and by whom the copy was made.

(5) A party who received a copy of a recording under paragraph (2) shall within 14 days of the date on which it was served on him, notify the applicant and the chief clerk, in writing—

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

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

(6) Notwithstanding the provisions of rule [[^f00074]44B] and this rule, a copy of any video recording which the defendant proposes to tender in evidence need not be sent to the prosecution until the close of the prosecution case at the trial.

(7) The Court may determine an application by the defendant to tender in evidence a video recording even though a copy of the recording has not, in accordance with paragraph (6), been served upon the prosecution.

(8) Where a copy of a video recording which is the subject of a special measures direction is sent to the prosecution after the direction has been made, the prosecutor may apply to the Court for the direction to be varied or discharged.

(9) An application under paragraph (8) may be made orally to the Court.

(10) A prosecutor who makes an application under paragraph (8) shall state—

(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—

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