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2003 No. 471

SUPREME COURT, NORTHERN IRELAND

The Crown Court (Amendment No. 3) Rules (Northern Ireland) 2003

  Made 4th November 2003 
  To be laid before Parliament
  Coming into operation 1st December 2003 

We, the Crown Court Rules Committee, in exercise of the powers conferred upon us by section 52(1) of the Judicature (Northern Ireland) Act 1978[1], Articles 8(6), 25(5), 26(6), 30(3) and 39(1) of the Criminal Evidence (Northern Ireland) Order 1999[2], and 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 No. 3) Rules (Northern Ireland) 2003 and shall come into operation on 1st December 2003.

    (2) In these Rules, "the principal Rules" shall mean the Crown Court Rules (Northern Ireland) 1979[
3], and a reference to a rule or a Form by number means the rule or Form so numbered in the principal Rules.

Revocation of existing Rules
     2.  - (1) The following rules are hereby revoked -

Amendment to the principal Rules
     3.  - (1) For rules 44B and 44BA, there shall be substituted the following new rule:

    (2) In rule 44C(1), for the reference to "rule 44BA(3)", there shall be substituted a reference to "rule 44B(3)".

    (3) In rules 44CA(1), 44CA(2)(b), 44CB(4), 44CC(4) and 44CE(6), for each reference to "rule 44BA", there shall be substituted a reference to "rule 44B".

    (4) Rule 44CD shall be amended as follows -

    (5) Rule 44CE shall be amended as follows -

    (6) After rule 44CF, there shall be inserted the following new rules:

    (7) The Schedule to the principal Rules shall be amended as follows -


R. D. Carswell

A. R. Hart

J. Wilson

P. Lynch

Dated 29th October 2003



Signed by authority of the Lord Chancellor



I concur


Lord Filkin
Parliamentary Under Secretary of State, Department for Constitutional Affairs

Dated 4th November 2003



SCHEDULE
Rule 3(7)


FORMS TO BE SUBSTITUTED IN THE CROWN COURT RULES (NORTHERN IRELAND) 1979




FORM 6

Rule 44B

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

An application should be made within 28 days from -

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 shall be given at the same time to the other party or parties to the case.



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 defence 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:     
Defendant(s): Surname:     
    Forenames:     
Court venue: The venue of the Court hearing the case.
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: The statement should make clear whether the applicant seeks automatic eligibility or whether the applicant alleges that the quality of the evidence will be reduced unless a direction is given. In the latter case, the grounds on which the applicant alleges that the quality of the witness's evidence is likely to be diminished in terms of completeness, coherence and accuracy should be clearly stated.
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:

An application by the defence need not disclose the name of the person proposed to accompany the witness if disclosure could lead to the identification of the witness.
(c) the occupation of this person:

    
(d) the relationship (if any) of this person to 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 defendant.
In relation to each person present at any point during the recording, a statement confirming that the person is visible in the recording when present:     
Equipment used     
Give a description of the equipment used for the recording: The description shall 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 shall also be provided to the Court and the other parties. The details of each such recording shall 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 trial 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 defendant, the video recording(s) do not have to be served on the prosecution until the close of the prosecution case at the trial.
Has a copy of this notice and the video recording(s) to which it relates been served on each party to the proceedings?     
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 Crown Court sitting at

And to

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

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 proceedings.



EXPLANATORY NOTE

(This note is not part of the Rules.)


These Rules amend the Crown Court Rules (Northern Ireland) 1979 ("the principal Rules") and contain provisions relating to Part II (Special measures directions in case of vulnerable and intimidated witnesses), Part III (Protection of witnesses from cross-examination by accused in person) and Part IV (Protection of complainants in proceedings for sexual offences) of the Criminal Evidence (Northern Ireland) Order 1999 ("the 1999 Order").

Rule 2 revokes specified rules in the Crown Court (Amendment) Rules (Northern Ireland) 2000 and the Crown Court (Amendment) Rules (Northern Ireland) 2001. These rules, which have never been commenced, prescribed procedures to be followed on applications under certain Articles in Parts III and IV of the 1999 Order. Equivalent provision is now made by rule 3(6).

Rule 3(1) substitutes for existing rules 44B and 44BA of the principal Rules, a new rule 44B which sets out the procedure to be followed on an application for a special measures direction.

Paragraphs (2) to (5) of Rule 3 make a number of minor amendments to the principal Rules to take account of:

Rule 3(6) inserts new rules 44D to 44H into the principal Rules.

New rule 44D provides for an application by a prosecutor for a direction under Article 24 of the 1999 Order preventing a defendant from cross-examining a witness in person.

New rule 44E prescribes the time when, and the manner in which, a legal representative is to be appointed to act for the defendant for the purpose of cross-examining any witness whom the defendant is prevented from cross-examining in person by virtue of Article 22, 23 or 24 of the 1999 Order.

New rule 44F provides for the procedure to be followed when the Court appoints a qualified legal representative where the defendant fails to appoint a legal representative to act for him. New rule 44G details the procedures where the defendant subsequently arranges for a legal representative to act for him.

New rule 44H provides for the procedure to be followed on an application for leave under Article 28(2) of the 1999 Order, to introduce evidence or to ask questions in cross-examination about the sexual behaviour of the complainant, in criminal proceedings relating to a person charged with a sexual offence.

Rule 3(7) amends the Schedule to the principal Rules, by:


Notes:

[1] 1978 c. 23back

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

[3] S.R. 1979 No. 90; to which the most recent relevant amendments were made by S.R. 2000 No. 227; S.R. 2001 No. 253 and S.R. 2003 No. 279back

[4] S.R. 2000 No. 227back

[5] S.R. 2001 No. 253back

[6] S.I. 1988/1846 (N.I. 16)back

[7] S.I. 1995/757 (N.I. 3)back

[8] 1969 c. 15 (N.I.)back



ISBN 0 33795304 X


  © Crown copyright 2003

Prepared 8 December 2003


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URL: http://www.bailii.org/nie/legis/num_reg/2003/20030471.html