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2003 No. 295

COUNTY COURTS

County Court (Amendment No. 2) Rules (Northern Ireland) 2003

  Made 8th June 2003 
  Coming into operation 30th June 2003 

We, the County Court Rules Committee, appointed by the Lord Chancellor under Article 46 of the County Courts (Northern Ireland) Order 1980[1], in exercise of the powers conferred on us by Article 47 of that Order and Articles 8(6) and 39(1) of the Criminal Evidence (Northern Ireland) Order 1999[2], and of all other powers enabling us in that behalf, hereby make the following Rules: -

Citation and interpretation
     1.  - (1) These Rules may be cited as the County Court (Amendment No. 2) Rules (Northern Ireland) 2003.

    (2) In these Rules, a reference to an Order, Part, Appendix or Form is a reference to that Order, Part, Appendix or Form as numbered in the County Court Rules (Northern Ireland) 1981[3].

Amendment to the principal Rules
     2.  - (1) In Order 32 Part IIA, for Rules 6B and 6C, there shall be substituted the following new Rules: -

    (2) In Order 32 Part IIA, after Rule 6C there shall be added the following new Rules:

    (3) In Order 32 Part III, Rule 7 shall be amended by inserting before the definition of "enactment", the following definition:

    (4) Appendix I shall be amended as follows:



We, the undersigned members of the County Court Rules Committee, having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hand and submit them to the Lord Chancellor accordingly.


A. R. Hart

J. J. Curran

H. Keegan

Barry Valentine

James A. Agnew

Brian J. Stewart

P. J. Kelly

Dated 21st May 2003.



After consultation with the Lord Chief Justice, I allow these Rules, which shall come into operation on 30th June 2003.


Irvine of Lairg,
C.

Dated 16th June 2003.



SCHEDULE
Rule 2(4)


FORMS TO BE SUBSTITUTED AND INSERTED IN THE COUNTY COURT RULES (NORTHERN IRELAND) 1981




FORM 137A

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

Order 32: Part IIA: Rule 6B

An application must be made within 14 days from the date of service of notice of appeal.

This form may also be used where an extension of time has been granted for the making of this application.

A copy of this form must be served at the same time on every other party to the appeal.



PART 1

To be completed by all applicants

Details required Notes
Details of witness

Name of Witness:

Date of birth of witness:

If an application has been made to tender in evidence a video recording of testimony from the witness, give the date and (if known) result of that application:

If the applicant is the prosecutor, give the name of the witness (otherwise leave blank):

 An application by the appellant for evidence to be given through a live link or by means of a video recording need not disclose who that witness is, except to the extent that the disclosure is required by section 5(7) of the Criminal Procedure and Investigations Act 1996.
Case details

Name of PSNI Central Process Office:

Central Process Office or District Command Unit reference number:

DPP reference number:

Appellant(s): Surname:

Forenames:

     
Court venue: The venue of the court hearing the appeal.
Date of next court appearance:     
Charges Give brief details (including date and location of offence) of those charges to which this application applies
Details of application

Specify the special measures being sought:

State the grounds on which the witness relies in support of the application for a special measures direction:

    

     
Give a description of evidence submitted in support of this application: This requirement is optional.

Examples of evidence might be:

birth certificate;

medical report;

expert evidence;

police report.
Arrangements which may be available

Give a description of the arrangements relevant to the measures applied for, which may be made available in the area in which it is likely the hearing will take place:

     
Reasons for application

Give the grounds for believing the special measures being sought in this application will increase the quality of the witness's evidence:

    

     
Give the views of the witness as to why the measures sought in this application are required:     
Material change of circumstances     
Give a description of any material change of circumstances relied upon to support this application: This requirement applies only where -

    (a) a special measures direction is already in force and application is being made to discharge or vary the direction, or

    (b) a previous application for a special measures direction was refused and this application seeks to reverse that decision.



PART 2

To be completed if the application is for evidence to be given through a live link

Details required Notes
Details of application

Give -

     
(a) the address of any venue from which the witness will give evidence if the court's own live link is not used:

(b) the name of the person who it is proposed will accompany the witness:

(c) the occupation of this person:

(d) the relationship (if any) of this person to the witness:

 An application by the appellant need not disclose the name of the person proposed to accompany the witness if disclosure could lead to the identification of the witness.
Grounds

State why it is believed that this person should accompany the witness:

     



PART 3

To be completed if the application is to tender in evidence a video recording under Article 15 of the Criminal Evidence (Northern Ireland) Order 1999

Details required Notes
Video recording(s)     
Statement as to circumstances in which video recording made: These details need to be completed only to the extent that the information is not contained in the video recording itself.
Date(s) of video recording(s):     
Time(s) of video recording(s): Give the times at which recording began and finished, including details of any interruptions.
Location and normal function of premises where video recording made: Give address of premises where recording made and state the usual function of those premises.
Details of those present while recording made     
Give details of each person present at any point during the recording: Include name, age and occupation of anyone present; time for which present; relationship (if any) to witness and to the appellant.
Equipment used     
Give a description of the equipment used for the recording: The description must include the following information - number and type of cameras used (fixed or mobile); the number and location of microphones; the video format used; and whether it offered single or multiple recording facilities and if it did which were used.
Recordings of part only of an interview     
State whether the video recording contains part only of the interview with the witness: A copy of any video recordings of other parts of the interview with the witness which it is not proposed to tender in evidence must also be provided to the court and the other parties. The details of each such recording must be given as above. Use separate sheets where necessary.
Details of copy State in respect of each video recording whether it is a copy, and give the following details in respect of each copy -     
Name and address of person who has the mastertape:     
When, and by whom , the copy was made:     
Attendance and supply of copies     
Is the witness willing and able to attend the appeal for cross-examination?     
Have copies of the video recording(s) to which this application relates been disclosed to the other parties? Where the application is by the appellant, the video recording(s) do not have to be served on the prosecution until the close of the prosecution case at the hearing of the appeal.
Has a copy of this notice and the video recording(s) to which it relates been served on each party to the appeal?     
Has the agreement of the other parties to the video recording(s) being tendered as evidence been sought?     

Dated this      day of      20    .

Applicant

[Solicitor for Applicant]

To the Chief Clerk of the County Court division of

And to

(insert names and addresses of each of the other parties to the appeal)

NOTE:

The notice served on the chief clerk shall be endorsed with the date upon which and the manner in which notice was served on each of the other parties to the appeal.



FORM 137B

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

Order 32: Part IIA: Rule 6B(12)

of      }     
          } Petty Sessions District of
     Appellant }     
of      } County Court Division of
     Respondent }     

Upon the hearing of an application by
(name of applicant), on
(date application heard) under Article 7 of the Criminal Evidence (Northern Ireland) Order 1999 for a special measures direction, the court made an order to the following effect, viz: -

Special measures direction under Article [11] [12] [13] [14] [15] [18] granted*/granted subject to the following conditions*/refused on the following grounds -

This      day of      20    .

Chief Clerk


EXPLANATORY NOTE

(This note is not part of the Rules.)


These Rules amend the County Court Rules (Northern Ireland) 1981 ("the principal Rules") and contain provisions relating to applications for a special measures direction in the case of witnesses who require assistance on the grounds of age.

Rule 2(1) substitutes new Rules 6B and 6C into Order 32 of the principal Rules. New Rule 6B provides for an application for a special measures direction to be made in the form specified in the Schedule to these Rules. An application for a direction to give evidence by means of a live link or by means of a video recording of the witness's testimony must also contain the additional information specified in Part 2 or Part 3 of the form.

New Rule 6C provides that the court may extend the time for making an application for a special measures direction.

Rule 2(2) adds new Rules 6D to 6I. New Rule 6D provides for late applications. New Rule 6E provides for an application to be made to vary or discharge a special measures direction which has already been made. New Rule 6F provides for renewal applications where a material change of circumstances has occurred since an application was refused.

New Rule 6G imposes additional requirements where the application relates to the giving of evidence by means of a live link.

New Rule 6H imposes additional requirements where the application relates to the admission of a video recording of an interview of the witness as evidence in chief of the witness.

New Rule 6I provides for the mutual disclosure between the parties of expert evidence to be adduced in connection with the application for the special measures direction.

Rule 2(3) inserts a reference to the Criminal Evidence (Northern Ireland) Order 1999 into the interpretation provisions in Order 32 of the principal Rules.

Rule 2(4) amends Appendix I to the principal Rules by:

    
  • substituting new Forms 137A and 137B for use in connection with applications prescribed by these Rules; and

        
  • deleting Form 137C

    Notes:

     [1] S.I. 1980/397 (N.I. 3)back

    [2] S.I. 1999/2789 (N.I. 8)back

    [3] S.R. 1981 No. 225; to which the most recent relevant amendment was made by S.R. 1996 No. 294 and S.R. 2003 No. 272back


    ISBN 0 33795132 2


      © Crown copyright 2003

    Prepared 20 June 2003

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    URL: http://www.bailii.org/nie/legis/num_reg/2003/20030295.html