The Crown Court (Amendment No. 2) Rules (Northern Ireland) 1996

Made: 10th July 1996

To be laid before Parliament

Coming into operation: 25th August 1996

We, the Crown Court Rules Committee in exercise of the powers conferred on us by section 52(1) of the Judicature (Northern Ireland) Act 1978[^f00001] and Article 50(7) of the Proceeds of Crime (Northern Ireland) Order 1996[^f00002], hereby with the concurrence of the Lord Chancellor make the following Rules:—

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Crown Court (Amendment No. 2) Rules (Northern Ireland) 1996 and shall come into operation on 25th August 1996.

• (2) In these Rules “the principal Rules” shall mean the Crown Court Rules (Northern Ireland) 1979[^f00003].

Amendments to the principal Rules

2

The principal Rules shall be amended as follows—

• (a) by substituting, for rule 46, the following rule:

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

• (b) by substituting, for Part VII, the new Part set out in the Schedule; and

• (c) by deleting Part IX.

Transitional provisions and savings

3

• (1) Rule 2(b) shall not apply to any proceedings to which the Proceeds of Crime (Northern Ireland) Order 1996 does not apply.

• (2) Part VII of the principal Rules shall continue to apply to such proceedings as if rule 2(b) had not been made.

Amendment to the Crown Court (Amendment) Rules 1996

4

In Rule 1(1) of the Crown Court (Amendment) Rules 1996[^f00004] after the words “Rules” in the second place where it occurs, there shall be inserted the words “(Northern Ireland)”.

SCHEDULE

Signed

Brian Hutton — R. D. Carswell — J. M. Nicholson — J. F. B. Russell — A. R. Hart — R. Appleton — J. W. Wilson — Patrick Lynch — Francis Keenan — Dated 24th June 1996

I concur,

Mackay of Clashfern, C. — Dated 10th July 1996.

Explanatory note

(This note is not part of the Rules.)

These Rules amend the Crown Court Rules (Northern Ireland) 1979 principally to take account of the repeal and replacement of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (as amended) by the Proceeds of Crime (Northern Ireland) Order 1996.

The Rules substitute a new Part VII into the 1979 Rules to provide for various matters arising under the 1996 Order, including:—

• (a) the statements and other documents to be tendered to the Court under Articles 15 and 16 of the 1996 Order (rule 52);

• (b) applications under Article 14(2) of the 1996 Order for the term of imprisonment or detention fixed in default of payment of a confiscation order to be increased to take account of interest on the unsatisfied order (rule 53);

• (c) applications for the variation and discharge of orders under Article 50(2) of the 1996 Order (rule 54);

• (d) applications by the defendant or prosecutor under Article 11 of the 1996 Order for the postponement of the making of a confiscation order or the extension of such postponement (rule 54A);

• (e) applications under Articles 17, 18 and 19 of the 1996 Order for, respectively, the reconsideration of cases where the defendant’s proceeds of crime were not assessed, the reassessment of the defendant’s proceeds of crime and the revised assessment of a defendant’s proceeds of crime (rule 54B);

• (f) the giving of notice to the Master (Queen’s Bench and Appeals) that a confiscation order has been cancelled under Article 27 of the 1996 Order (rule 54C).

The Rules also make a consequential amendment to rule 46 of the 1979 Rules and delete Part IX of those Rules to take account of the lapsing of the confiscation provisions in the Northern Ireland (Emergency Provisions) Act 1991.

The Rules also amend the Crown Court (Amendment) Rules (Northern Ireland) 1996 to rectify an error in the citation provision.

Footnotes

[^f00001]: 1978 c. 23

[^f00002]: S.I. 1996/1299 (N.I. 9)

[^f00003]: S.R. 1979 No. 90; to which the most recent relevant amendments were made by S.R. 1991 No. 327 and S.R. 1992 No. 202

[^f00004]: S.R. 1996 No. 71

[^f00005]: S.I. 1996/1299 (N.I. 9)