The Crown Court (Amendment) Rules (Northern Ireland) 2000

Made: 10th July 2000

Coming into operation in accordance with Rule 1

We, the Crown Court Rules Committee, in exercise of the powers conferred upon us by section 51(5), 51A(7), (8) and (9), 51C(2) and (3), 51D(5), (6) and (7), 51F(3) and (4) and 52(1) of the Judicature (Northern Ireland) Act 1978[^f00001], Articles 30(3) and 39(1) of the Criminal Evidence (Northern Ireland) Order 1999[^f00002] and of all other powers enabling us in that behalf hereby with the concurrence of the Lord Chancellor make the following Rules:

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Crown Court (Amendment) Rules (Northern Ireland) 2000 and except as provided by paragraph (2) shall come into operation on 21st August 2000.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In these Rules “the principal Rules” means the Crown Court Rules (Northern Ireland) 1979[^f00003] and a reference to a rule or form by number shall mean a rule or form so numbered in the principal Rules.

Amendments to the principal Rules

2

The principal Rules shall be amended as follows—

• (a) by inserting after paragraph (1) of rule 12 the following new paragraphs:

(1A) A person specified in rule 11(1) before whom a recognizance may be entered into may require a person offering himself as surety to a recognizance to produce evidence as to his means and as to his identity and place of abode and to sign a certificate that he is possessed of sufficient means to pay the sum in which he is to be bound under the recognizance. (1B) Such certificate shall be attached to or endorsed on the recognizance.

• (b) rules 66, 67, 68, 69, 70 and 71 shall be re-numbered rules 63, 64, 65, 66, 67 and 68, respectively.

• (c) by substituting in Form 11 in the Schedule for the words “paragraph 7”, the words “paragraph 33”.

Criminal Evidence (Northern Ireland) Order 1999

3

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

Inserting new Part X into principal Rules

4

• (1) This rule applies in relation to any proceedings for the purpose of which no summons requiring the attendance of a witness has been issued before 21st August 2000 and where this rule does not apply the law in operation immediately before this rule came into operation continues to have effect.

• (2) The principal Rules shall be amended by adding after Part IX the new Part X set out in the Schedule to these Rules.

Amendment to the Crown Court (Amendment No. 2) Rules (Northern Ireland) 1999

5

In rule 2 of the Crown Court (Amendment No. 2) Rules (Northern Ireland) 1999[^f00005] for the words “rule 65” there shall be substituted the words “rule 62”.

SCHEDULE

Signed

R. D. Carswell — J. M. Nicholson — J. Gillen — C. Adair — J. O. Brady — Francis Keenan — J. W. Wilson — A. R. Hart — Paul G. Copeland — Dated 15th June 2000

I concur

Irvine of Lairg, C. — Dated 10th July 2000

Explanatory note

(This note is not part of the Rules.)

These Rules amend the Crown Court Rules (Northern Ireland) 1979 to:

• allow evidence of a surety’s means to be sought;

• insert a new rule 44D to make provision for the procedure to be followed on an application for leave, under Article 28(2) of the Criminal Evidence (Northern Ireland) Order 1999, to introduce evidence or to ask questions in cross-examination about the sexual behaviour of the complainant, at a trial of a person charged with a sexual offence;

• insert a new Part X to make provision concerning applications under sections 51A, 51C, 51D and 51F of the Judicature (Northern Ireland) Act 1978 (inserted by section 66 of the Criminal Procedure and Investigations Act 1996) which introduce a new statutory system for summoning a witness to attend the Crown Court; and

• correct existing numbering errors in the Rules.

Footnotes

[^f00001]: 1978 c. 23, sections 51A, 51C, 51D and 51F were inserted by section 66 of the Criminal Procedure and Investigations Act 1996 (c. 25), as modified in its application to Northern Ireland by Schedule 4 to that Act

[^f00002]: S.I. 1999/2789 (N.I. 8)

[^f00003]: S.R. 1979 No. 90; to which the most recent relevant amendments were made by S.R. 1999 No. 491

[^f00005]: S.R. 1999 No. 491

[^f00006]: 1996 c. 24

Editorial notes

[^key-21c1c4645624fcc1edeb4988e0fa650f]: Art. 1 in operation at 21.8.2000, see art. 1(1)

[^key-09143527947506940944dccfaddf7b18]: Art. 2 in operation at 21.8.2000, see art. 1(1)

[^key-b6b2f288fe1832749ee97d858063df9f]: Art. 4 in operation at 21.8.2000, see art. 1(1)

[^key-7c3b72f63710a3b75481f7b00413ff59]: Art. 5 in operation at 21.8.2000, see art. 1(1)

[^key-de559dea10cf573684e21a39356ce680]: Art. 1(2) revoked (1.12.2003) by The Crown Court (Amendment No. 3) Rules (Northern Ireland) 2003 (S.R. 2003/471), arts. 1(1), 2(1)(a)

[^key-287878635f16a3c81ee2125e52a3b33f]: Art. 3 revoked (1.12.2003) by The Crown Court (Amendment No. 3) Rules (Northern Ireland) 2003 (S.R. 2003/471), arts. 1(1), 2(1)(a)