The Crown Court Rules (Northern Ireland) 1979

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

• (a) the defendant;

• (b) the receiver, if already appointed;

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

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

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

• (a) the case is one of urgency; or

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

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

• (a) the defendant;

• (b) the receiver;

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

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

Application for leave

93

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

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

• (a) the tenant;

• (b) the receiver;

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

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

Application for discharge or variation and applications for other orders

94

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

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

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

• (b) the defendant;

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

• (d) the receiver; and

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

where he is not the applicant.

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

Sums in the hands of receivers

95

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

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

• (a) the defendant; and

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

Security

96

• (1) This rule applies where a receiver is appointed under section 198 [[^f00133]...] and the receiver is not a member of staff of [[^f00133]...] the Department of the Director of Public Prosecutions (Northern Ireland) or the Commissioners of Her Majesty's Customs and Excise.

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

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

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

Remuneration

97

• (1) This rule applies where a receiver is appointed under section 198 [[^f00133]...] and the receiver is not a member of staff of [[^f00133]...] the Department of the Director of Public Prosecutions (Northern Ireland) or the Commissioners of Her Majesty's Customs and Excise.

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

Accounts

98

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

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

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

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

Default by receiver

99

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

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

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

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

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

Production orders: discharge and variation

100

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

• (a) the chief clerk [[^f00134]...] and

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

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

• (2) An application under paragraph (1) may be determined with or without a hearing and if a hearing is directed the chief clerk shall notify the parties of the time and place of the hearing.

Disclosure orders: discharge and variation

101

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

• (a) the chief clerk [[^f00134]...]; and

• (b) the [[^f00135] prosecutor].

Customer information orders and account monitoring orders: discharge and variation

102

• (1) This rule applies to applications—

• (a) by a person other than a police officer under paragraph 4(1) of Schedule 6A to the Terrorism Act 2000[^f00136] for the discharge or variation of an account monitoring order; and

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

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

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

• (a) the chief clerk [[^f00134]...]; and

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

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

Application for letter of request

103

• (1) Notice of an application under section 376 shall, be made to the chief clerk [[^f00134]...] in writing and shall—

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

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

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

Sending a letter of request

104

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

[ Criminal Justice and Police Act 2001

105

• (1) In this rule—

• “the 2001 Act” means the Criminal Justice and Police Act 2001 [^f00138]; a reference to a section by number is a reference to the section so numbered in the 2001 Act; and expressions which are defined in the 2001 Act shall have the same meaning as in the 2001 Act; and

• “chief clerk” [[^f00139]...] includes any other [[^f00140] civil servant in the Department of Justice] as may be authorised to act on his behalf for the purpose in question.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (6) The chief clerk shall—

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

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

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

SCHEDULE 1

FORM 1

IN THE CROWN COURT IN NORTHERN IRELAND

Notice of application in relation to bail

Rule 8(2)

FORM 1A

IN THE CROWN COURT IN NORTHERN IRELAND

Notice of application in relation to bail

Rule 8(2)

FORM 2

IN THE CROWN COURT IN NORTHERN IRELAND

Order for admission to bail

Rule 9(1)

FORM 3

Form of Indictment

Rule 20

[[^f00145]FORM 3A

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 20(2)

FORM 4

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

[[^f00146]FORM 5

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44AA(1)

FORM 5A

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44AA(7)

FORM 5B

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44AB(1)

FORM 5C

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44AB(6)

[(a)FORM 6

IN THE CROWN COURT IN NORTHERN IRELAND

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

[(a)FORM 7

IN THE CROWN COURT IN NORTHERN IRELAND

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

[(b)Rule 44B]

[(a)FORM 7A

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44I

FORM 7B

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44I

FORM 7C

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44K

FORM 7D

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44L

FORM 7E

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44N(1)

FORM 7F

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44N(4) and (6)

FORM 7G

IN THE CROWN COURT IN NORTHERN IRELAND

APPLICATION TO EXCLUDE EVIDENCE OF DEFENDANT'S BAD CHARACTER

Rule 4N(8)

FORM 7H

IN THE CROWN COURT IN NORTHERN IRELAND

NOTICE OF INTENTION TO ADDUCE HEARSAY EVIDENCE

Rule 44O(2) and (4)

FORM 7I

IN THE CROWN COURT IN NORTHERN IRELAND

NOTICE OF OPPOSITION TO THE ADMISSION OF HEARSAY EVIDENCE

Rule 44I (6)

[[^f00147] FORM 7J

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44P(1)

FORM 7K

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44P(1)

[[^f00148] FORM 7L

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44Q(1)

FORM 7M

IN THE CROWN COURT IN NORTHERN IRELAND

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

Rule 44Q(9)

[[^f00149] FORM 7N

IN THE CROWN COURT IN NORTHERN IRELAND

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

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

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

FORM 7O

IN THE CROWN COURT IN NORTHERN IRELAND

NOTICE OF DECISION ON APPLICATION FOR LIVE LINK

DIRECTION/APPLICATION TO DISCHARGE A LIVE LINK

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

Rule 44S(11)

[[^f00150]FORM 7P

IN THE CROWN COURT IN NORTHERN IRELAND

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

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

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

FORM 7Q

IN THE CROWN COURT IN NORTHERN IRELAND

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

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

[[^f00151]FORM 8

IN THE CROWN COURT IN NORTHERN IRELAND

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

[[^f00152]FORM 9

IN THE CROWN COURT IN NORTHERN IRELAND

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

[[^f00153]FORM 10

IN THE CROWN COURT IN NORTHERN IRELAND

Order for reference of devolution issue to the Court of Appeal

[[^f00154]FORM 11

IN THE CROWN COURT IN NORTHERN IRELAND

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

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

Interpretation

62C

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

Application for European investigation order

62D

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

Variation or revocation of a European investigation order

62E

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

Proceedings before a nominated court

62F

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

Record of proceedings before a court nominated to receive evidence

62G

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

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

62H

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

Record of videoconference or other audiovisual transmission before a nominated court

62I

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

Record of telephone conference before a nominated court

62J

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

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

62K

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

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

62L

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

Restriction on access to records

62M

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

Editorial notes

[^key-64732baff452006911723e6c1ae56c9c]: Pt. 8A inserted (22.2.2018) by The Crown Court (Amendment) Rules (Northern Ireland) 2018 (S.R. 2018/24), rule 1, Sch. 1

[^key-d93ebaa37d5eff05a8d50974a32298ba]: Pt. V omitted (31.12.2020) by virtue of The Crown Court (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/233), rules 1, 2(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4f69f5fb974fbb710ab3ec2c400e9881]: Rules 62C-62M omitted (31.12.2020) by virtue of The Criminal Procedure (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/908), regs. 1(c), 5(1)(f) (with reg. 3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-7e7acf1988e49a326e43a93ea230a4d5]: Rule 58A omitted (31.12.2020) by virtue of The Criminal Procedure (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/908), regs. 1(c), 5(1)(a) (with reg. 3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9ea984ca9eda8bb1ddd2b576227fed47]: Rule 58B omitted (31.12.2020) by virtue of The Criminal Procedure (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/908), regs. 1(c), 5(1)(b) (with reg. 3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c428a78d60d241ccef2068357e9a763e]: Rule 60A omitted (31.12.2020) by virtue of The Criminal Procedure (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/908), regs. 1(c), 5(1)(c) (with reg. 3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2c103bde04094707f5d7cfe497391d05]: Rule 60B omitted (31.12.2020) by virtue of The Criminal Procedure (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/908), regs. 1(c), 5(1)(d) (with reg. 3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-fd732f191ced3eb718be7045b6d16ead]: Words in rule 61 heading omitted (31.12.2020) by virtue of The Criminal Procedure (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/908), regs. 1(c), 5(2)(a) (with reg. 3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0b6c650688ddd176d3908c6dbc284024]: Words in rule 61(1) omitted (31.12.2020) by virtue of The Criminal Procedure (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/908), regs. 1(c), 5(2)(b) (with reg. 3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6b4011cc6483fee2ee74160cbb9795c1]: Words in rule 61(2) omitted (31.12.2020) by virtue of The Criminal Procedure (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/908), regs. 1(c), 5(2)(c) (with reg. 3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e55c71b901377b5b282428848cfe3429]: Words in rule 61(3) omitted (31.12.2020) by virtue of The Criminal Procedure (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/908), regs. 1(c), 5(2)(d) (with reg. 3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4ab2c78521b9219a082b7e94b7304520]: Pt. 8B inserted (22.2.2021) by The Crown Court (Amendment) Rules (Northern Ireland) 2021 (S.R. 2021/16), rule 1(3), Sch.

[^key-074c8f54a0c56f0f057ab81070b0304c]: Rule 62A inserted (22.2.2021) by The Crown Court (Amendment) Rules (Northern Ireland) 2021 (S.R. 2021/16), rules 1(2), 2(2)

[^key-17adff16adf5cda029671272175f0d6b]: Words in rule 61 heading inserted (22.2.2021) by The Crown Court (Amendment) Rules (Northern Ireland) 2021 (S.R. 2021/16), rules 1(2), 2(1)(a)

[^key-d6b41e0f139a1dca66307eaedab4fd2c]: Words in rule 61(1) inserted (22.2.2021) by The Crown Court (Amendment) Rules (Northern Ireland) 2021 (S.R. 2021/16), rules 1(2), 2(1)(b)

[^key-85217528cd635a9aebd49138844bfdc8]: Words in rule 61(2) inserted (22.2.2021) by The Crown Court (Amendment) Rules (Northern Ireland) 2021 (S.R. 2021/16), rules 1(2), 2(1)(c)

[^key-ed9632b37eac4574283296b7cb745586]: Words in rule 61(3) inserted (22.2.2021) by The Crown Court (Amendment) Rules (Northern Ireland) 2021 (S.R. 2021/16), rules 1(2), 2(1)(d)

[^key-1d5ddc6872f5f908dc957986f2eb7503]: Rule 62B heading substituted (22.2.2021) by The Crown Court (Amendment) Rules (Northern Ireland) 2021 (S.R. 2021/16), rules 1(2), 2(3)(a)

[^key-cef022efaee794095326205f5a3ad097]: Words in rule 62B substituted (22.2.2021) by The Crown Court (Amendment) Rules (Northern Ireland) 2021 (S.R. 2021/16), rules 1(2), 2(3)(b)

[^key-55a7df0c9092d0e3caa2ad2fb0235b3d]: Words in rule 62O(4) inserted (17.5.2023) by The Crown Court (Amendment) Rules (Northern Ireland) 2023 (S.R. 2023/68), rules 1, 2(1)

[^key-7b6c1e2e6b5f7676c00c9d0e432c7942]: Rule 62P(7) inserted (17.5.2023) by The Crown Court (Amendment) Rules (Northern Ireland) 2023 (S.R. 2023/68), rules 1, 2(2)(e)

[^key-bb4828e3008f0f5c865e87f1556d35e5]: Words in rule 62P(3) omitted (17.5.2023) by virtue of The Crown Court (Amendment) Rules (Northern Ireland) 2023 (S.R. 2023/68), rules 1, 2(2)(a)

[^key-eaf08d58fac87287e8a37c462c38540e]: Words in rule 62P(3)(a) inserted (17.5.2023) by The Crown Court (Amendment) Rules (Northern Ireland) 2023 (S.R. 2023/68), rules 1, 2(2)(b)

[^key-c6c7d5485703685ad06fb422a6abd5fa]: Words in rule 62P(3)(b) inserted (17.5.2023) by The Crown Court (Amendment) Rules (Northern Ireland) 2023 (S.R. 2023/68), rules 1, 2(2)(c)

[^key-7e91812cb670b82912cd4df51d777fe9]: Words in rule 62P(3)(c) inserted (17.5.2023) by The Crown Court (Amendment) Rules (Northern Ireland) 2023 (S.R. 2023/68), rules 1, 2(2)(d)

[^key-9ccd6563ffd76be91c3c15f27e2457ad]: Word in rule 62Q(3)(b)(iii) omitted (17.5.2023) by virtue of The Crown Court (Amendment) Rules (Northern Ireland) 2023 (S.R. 2023/68), rules 1, 2(3)(a)

[^key-f44e8ca8be3ab112ed20f0540f07a467]: Words in rule 62Q(3)(b)(iv) substituted (17.5.2023) by The Crown Court (Amendment) Rules (Northern Ireland) 2023 (S.R. 2023/68), rules 1, 2(3)(b)

[^key-7db2beab2db6d7df86fd8ba2c3233164]: Rule 62Q(3)(b)(v) inserted (17.5.2023) by The Crown Court (Amendment) Rules (Northern Ireland) 2023 (S.R. 2023/68), rules 1, 2(3)(c)

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

Interpretation

62N

• (1) In this Part of these Rules—

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

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

• “chief clerk” means the chief clerk of the Court at the place where the proceedings under the Act are to be heard and includes such other civil servant in the Department of Justice as may be authorised to act on his behalf for the purpose in question; and

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

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

Application for an overseas production order

62O

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

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

• (b) identify the respondent;

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

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

• (e) specify—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Variation or revocation of an overseas production order

62P

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

• (a) the applicant for that order, or an equivalent appropriate officer;

• (b) the respondent:

• (c) another person affected by the order; or

• (d) the Secretary of State.

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

• (a) an overseas production order;

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

• (c) an order under section 13(3) maintaining a duty not to conceal, destroy, alter or dispose of electronic data, and not to disclose the making or content of an application for an overseas production order; and

• (d) an order under section 13(4)(b) maintaining a duty not to conceal, destroy, alter or dispose of electronic data.

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

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

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

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

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

• (a) specify the electronic data in respect of which the varied order is sought (which may include electronic data not specified or described in the original order);

• (b) satisfy or, as the case may be, continue to satisfy, the requirements of rule 62O(1)(a) to (c) and 62O(2)(a) to (f) (which may be done by reference to the original order);

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

• (d) specify the variation proposed and explain—

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

• (ii) why the order should be varied.

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

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

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

• (b) an unexpired non-disclosure requirement,

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

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

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

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

Consideration of an overseas production order

62Q

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

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

• (b) in the absence of—

• (i) the applicant;

• (ii) the respondent; or

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

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

• (a) the applicant requests a hearing; or

• (b) it appears to the Court that—

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

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

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

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

• (b) the Court is satisfied that—

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

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

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

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

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

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

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

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

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

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

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

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

• (7) The Court may in its discretion—

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

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

• (c) consider an application for an order or to vary, further vary or revoke an order orally instead of in writing.

Application containing information withheld from a respondent or other person

62R

• (1) This rule applies where an application under rule 62O or 62P includes information which the applicant considers should be revealed only to the Court.

• (2) The affidavit supporting such application shall—

• (a) identify that information; and

• (b) explain why that information should not be served on the respondent or another person.

• (3) Subject to paragraph (4), at a hearing of an application to which this rule applies, the Court shall consider, in the following sequence—

• (a) representations first by the applicant and then by the respondent and any other person, in the presence of them all; and then

• (b) further representations by the applicant in the others’ absence.

• (4) The Court may in its discretion direct other arrangements for the hearing of an application to which this rule applies.