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The Crown Court Rules (Northern Ireland) 1979

Type Ni-Statutory-Rule

Publication 1979-03-22

Last updated 2023-05-17

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[ Application for reporting direction

44I

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

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

(a) of the committal of the defendant; or

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

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

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

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

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

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

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

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

Application for excepting direction

44J

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

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

(a) Any party to those proceedings; or

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

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

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

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

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

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

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

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

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

Variation or revocation

44K

(1) An application to—

(a) revoke a reporting direction; or

(b) vary or revoke an excepting direction,

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

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

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

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

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

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

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

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

Hearings

44L

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

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

(b) direct a hearing of any such application.

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

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

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

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

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

Hearings in camera

44M

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

[ Procedure for the admission of evidence of bad character

44N

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

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

(a) within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996[^f00078] (disclosure by the prosecutor); or

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

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

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

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

(a) of the committal of the defendant; or

(b) on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988[^f00079] or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995[^f00080] 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[^f00081] was given, or

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

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

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

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

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

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

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

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

Procedure for the admission of hearsay evidence

44O

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

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

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

(a) the committal of the defendant;

(b) service of a notice of transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988[^f00082] (serious fraud cases) or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995[^f00083] (certain cases involving children); or

(c) the grant of leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969[^f00084]; or

(d) the making of an order for retrial.

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

(5) Notice under paragraph (4) shall be served on the chief clerk and every other party to the proceedings within 14 days from the date on which the prosecutor has complied with or purported to comply with section 3 of the Criminal procedure and Investigations Act 1996[^f00084] (disclosure by prosecutor).

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

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

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

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

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

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

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

44P

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

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

(a) of the committal of the defendant; or

(b) on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988[^f00086] or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995[^f00087] 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[^f00088] was given; or

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

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

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

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

(b) direct a hearing.

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

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

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

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

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

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

(c) where the witness is to give evidence on behalf of the prosecutor or where the disclosure is required by section 5(7) of the Criminal Procedure and Investigations Act 1996[^f00089] (alibi), the name of the witness;

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

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

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

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

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

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

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

44Q

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

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

(a) of the committal of the defendant; or

(b) on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988[^f00091] or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995[^f00092] 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[^f00093] was given; or

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

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

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

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

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

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

(b) direct a hearing.

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

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

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

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

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

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

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

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

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

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

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

Application for rescission of a direction

44R

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

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

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

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

Application by the accused for live link direction

44S

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

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

(a) of the committal of the defendant; or

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

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

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

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

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

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

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

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

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

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

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

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

(b) direct a hearing.

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

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

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

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

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

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

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

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

Discharge of live link direction

44T

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

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

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

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

44U

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

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

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

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

(a) of the committal of the defendant; or

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

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

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

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

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

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

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

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

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

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

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

(b) direct a hearing.

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

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

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

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

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

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

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

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

44V

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

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

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

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

44W

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

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

Variation or rescission of sentence or order under section 49

[ Manner of application where no other procedure specified

Service of documents

[ Excusing of jurors

47A

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

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

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

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

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

(6) In this rule—

[[^f00097] “division” means an administrative court division specified under section 2(2)(a) of the Justice Act (Northern Ireland) 2015 for all purposes of a county court or, if different administrative court divisions are specified for different purposes of a county court, an administrative court division specified under section 2(2)(c) of that Act for the residual purposes of the court;]

“Juries Officer” means the Juries Officer designated under Article 2(2) of the 1996 Order for the [[^f00098]...] division in which the person is summoned for jury service under Article 8 of the 1996 Order;

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

[[^f00099]...]

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

47B

(1) In this Rule—

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

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

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

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

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

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

and references to interpretation shall be construed accordingly;

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

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

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

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

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

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

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

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

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

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

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

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

(8) The chief clerk shall record—

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

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

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

Annulment of Indictments Rules (Northern Ireland) 1977

Repeal

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

Interpretation

51

In this Part of these Rules:—

“the 1996 Order” means the Proceeds of Crime (Northern Ireland) Order 1996[^f00104]; an Article referred to by number is a reference to the Article so numbered in the 1996 Order; and expressions which are defined in the 1996 Order have the same meaning as in the 1996 Order.

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

52

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

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

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

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

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

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

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

Application for increase in term of imprisonment in default of payment

53

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

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

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

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

(b) specify the grounds of the application;

(d) include a copy of the confiscation order.

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

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

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

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

(a) to the applicant;

(b) to the defendant;

Investigations - discharge and variation of order

54

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

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

(a) the chief clerk [[^f00105]...] and

(b) the constable [ or the financial investigator[^f00106]] who obtained the order.

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

Postponement of confiscation orders

54A

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

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

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

(a) without a hearing, or

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

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

Confiscation - revised assessments

54B

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

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

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

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

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

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

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

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

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

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

Compensation where absconder is acquitted

54C

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

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

Interpretation

55

In this Part of these Rules—

“the Act” means the Crime (International Co-operation) Act 2003[^f00108], a reference to a section or a Schedule by a number is a reference to the section or Schedule so numbered in the Act; and expressions which are defined in the Act have the same meaning as in the Act.

[[^f00109] chief clerk" means the chief clerk of the Court at the place where the proceedings under the Crime (International Co-operation) Act 2003 are to be heard and includes such other civil servant in the Department of Justice as may be authorised to act on his behalf for the purpose in question.]

Notice required to accompany process served outside the United Kingdom

56

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

(2) The notice shall—

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

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

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

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

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

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

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

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

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

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

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

Proof of service outside the United Kingdom

57

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

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

(a) that a process has been served;

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

shall be admissible as evidence of any facts so stated.

Notice of application for request for assistance

58

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

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

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

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

[[^f00110]...]

Notice of application for a domestic freezing order

58A

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

Variation or revocation of a domestic freezing order

58B

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

Proceedings before a nominated court

59

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

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

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

Record of proceedings before a nominated court

60

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

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

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

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

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

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

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

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

Consideration of an overseas freezing order

60A

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

Release of evidence subject to an overseas freezing order

60B

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

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

61

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

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

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

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

Record of television link before a nominated court

62

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

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

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

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

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

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

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

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

Record of telephone link before a nominated court

62A

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

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

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

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

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

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

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

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

62B

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

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

(b) with leave of the Court.]

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

Interpretation

63

(1) [^f00114]In this Part—

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

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

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

“Schedule 10” means Schedule 10 to the Northern Ireland Act 1998[^f00115].

Raising of devolution issue on trial on indictment

64

(1) [^f00114]Where the party to a trial on indictment proposes to raise a devolution issue, he shall lodge a notice in Form 8 with the chief clerk and serve it on each of the other parties to the proceedings setting out the facts and circumstances and points of law on the basis of which it is alleged that the devolution issues arises in sufficient details to enable the Court to determine whether such an issue arises in the proceedings.

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

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

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

Reference of devolution issue to Court of Appeal

65

(1) [^f00116]Where the Court decides to refer a devolution issue to the Court of Appeal under paragraph 7 of Schedule I 0, it shall make an order so referring the issue.

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

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

Reference of devolution issue to Judicial Committee

66

(1) [^f00117]Where the Court is required by the Attorney General, the Attorney General for Northern Ireland or the appropriate Minister or department as mentioned in paragraph 33 of Schedule 10 to refer a devolution issue to the Judicial Committee, it shall make an order in Form 11 referring the issue to the Judicial Committee.

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

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

Adjournment of proceedings pending reference of devolution issue

67

(1) [^f00117]The proceedings in which an order is made under rule 68 or 69 for the reference of a devolution issue shall, unless the Court otherwise orders, be adjourned until the Court of Appeal or, as the case may be, the Judicial Committee, has determined the issue referred to it.

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

Procedure on receipt of determination of devolution issue

68

(1) [^f00117]Where, on a reference of a devolution issue, the Court of Appeal or, as the case may be, the Judicial Committee has determined the issue and the determination has been received by the Court, the chief clerk shall send a copy of the determination to each of the parties to the proceedings and the Court shall give directions as to further procedure.]

[PART X — WITNESS SUMMONSES

Interpretation

69

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

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

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

“a scheduled offence” means an offence which is scheduled within the meaning of section 1 of the Northern Ireland (Emergency Provisions) Act 1996[^f00119].

Application for witness summons

70

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

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

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

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

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

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

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

(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;

(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;

[[^f00122] “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.]

[[^f00123]...]

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 [[^f00124]...]; 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;

(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

(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

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;

(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

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 [[^f00126]...] 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 [[^f00126]...] 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;

(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, [[^f00127]...] 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;

(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;

(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 [[^f00127]...], the receiver if appointed;

(i) the prosecutor; or

[[^f00127]...]

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) [^f00128]The 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

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 [[^f00129] 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

(2) The applicant shall serve the notice on—

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

(b) the defendant; [[^f00130] or where the application is made under section 175A, his personal representative;]

(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;

(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, [[^f00131]...]; 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;

(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, [[^f00131]...]; 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;

(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;

(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 [[^f00132]...] 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

(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;

(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.

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