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2003 No. 485

COUNTY COURTS

County Court (Amendment No. 3) Rules (Northern Ireland) 2003

  Made 19th November 2003 
  Coming into operation 1st January 2004 

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), 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 make the following Rules:

Citation and interpretation
     1.  - (1) These Rules may be cited as the County Court (Amendment No. 3) 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) Order 32 Part IIA shall be amended as follows:

    (2) 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

Barry Valentine

T. A. Burgess

H. Keegan

James A. Agnew

Adrian Colton

Brian J. Stewart

Brian F. Walker

Dated 13th November 2003.



After consultation with the Lord Chief Justice I allow these Rules which shall come into operation on


1st January 2004.



Signed by the authority of the Lord Chancellor


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

Dated 19th November 2003.



SCHEDULE
Rule 2(2)


FORMS TO BE 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 :

     
Grounds     
State why it is believed that this person should accompany 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.



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.
     Give address of premises where recording made and state the usual function of those premises.
Location and normal function of premises where video recording made:     
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.
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 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 have 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 have been served on each party to the appeal?

Has the agreement of the other parties to the video recording(s) being tendered as evidence has been sought?

     

Dated this     day of      20    .

Applicant

[Solicitor for Applicant]

To the Chief Clerk for 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 137C

APPLICATION BY PROSECUTOR FOR A DIRECTION UNDER ARTICLE 24 OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999 PROHIBITING THE APPELLANT FROM CROSS-EXAMINING A PARTICULAR WITNESS

Order 32: Part IIA: Rule 6J

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

Take notice that I, the undersigned, intend to apply for a direction under Article 24 of the Criminal Evidence (Northern Ireland) Order 1999 prohibiting the appellant from cross-examining a particular witness, namely:      (specify name of witness).

State why the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the appellant in person:

State why the evidence would be improved if a direction were given under Article 24(2) of the 1999 Order:

State why it would not be contrary to the interests of justice to give such a direction:

The date fixed for the hearing of the appeal to which the application relates is:

(specify date).

Dated this      day of      20    .

Signature of Prosecutor

To the chief clerk for 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 137D

NOTICE BY CHIEF CLERK OF A DECISION OF THE COURT [ON APPLICATION BY THE APPELLANT]* FOR AN EXTENSION OF TIME TO APPOINT A LEGAL REPRESENTATIVE

Order 32: Part IIA: Rule 6K

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

On      day of      20    , the court explained to the appellant that he is prevented from cross-examining a witness in person and invited him to arrange for a legal representative to act for him for the purpose of cross-examining the witness.

And whereas the court has not received notice from the appellant that he has arranged for such representation, the court has [of its own motion]* [on the application of the appellant]* made an order to the following effect, viz:

[Application for an extension of time will be heard before the county court sitting at (place) on     (date) at     (time). You, the appellant, are requested to attend.]*;

[Extension of time is granted for a period of      days from the date of this order.]*;

[Extension of time is refused on the following grounds: (state reasons) ]*.

This      day of      20    .

Chief Clerk

Note:

A copy of this notice will be sent to every other party to the appeal [who may also attend the hearing]*.

* Delete as appropriate



FORM 137E

NOTICE BY THE CHIEF CLERK OF THE DISCHARGE OF THE PERSON APPOINTED BY THE COURT

Order 32: Part IIA: Rule 6M

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

Take notice that the person appointed by the court under Article 26(4) of the Criminal Evidence (Northern Ireland) Order 1999 has [been discharged]* [ceased to act for the court]*.

[The following legal representative has been appointed by the appellant, namely:      (insert name and address of legal representative) ]*

This      day of      20    .

Chief Clerk

Note:

A copy of this notice is to be sent to each party to the appeal.

* Delete as appropriate



FORM 137F

NOTICE TO THE CHIEF CLERK OF AN APPLICATION FOR LEAVE TO ADDUCE EVIDENCE UNDER ARTICLE 28(2) OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

Order 32: Part IIA: Rule 6N

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

Take notice that I, the appellant, intend to apply for leave to adduce evidence under Article 28(2) of the Criminal Evidence (Northern Ireland) Order 1999.

The date fixed for the hearing of the appeal to which the application relates is:

(specify date).

Evidence:

(Give summary of the evidence the appellant proposes to adduce and of the questions the appellant proposes to put to any witness)

Explanation:

(Explain in full why it is considered that the evidence and questions fall within Article 28(3) or (5) of the 1999 Order)

List of documents:

(Give summary of any document or other evidence to be submitted in support of such evidence and questions)

Details of witness:

(Give the name, address and date of birth of any witness who it is proposed to call to give evidence as to the complainant's sexual behaviour)

This      day of      20    .

Appellant

[Solicitor for Appellant]

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)

Notes to appellant:

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.

An application under Rule 6N should be served on the chief clerk within 14 days from the date of the service of notice of appeal from a decision of a magistrates' court or be accompanied by a full explanation specifying the reasons why the application could not have been made within that time

Note to prosecutor:

You are required to notify the chief clerk and the other parties to the appeal in Form 137G whether or not you oppose the application made under Article 28(2) of the Criminal Evidence (Northern Ireland) Order 1999.



FORM 137G

NOTICE TO THE CHIEF CLERK WHETHER OR NOT THE PROSECUTOR OPPOSES THE APPLICATION MADE UNDER ARTICLE 28(2) OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

Order 32: Part IIA: Rule 6N

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

The purpose of this Notice is to inform you that I, the prosecutor [oppose]* [do not oppose]* the application made by the appellant under Article 28(2) of the Criminal Evidence (Northern Ireland) Order 1999 and as set out in Form 137F [for the following reasons: (state reasons)]*

AND TAKE NOTICE that I [wish] [do not wish]* to be represented at any hearing of the application.

This      day of      20    .

Prosecutor

To the chief clerk of the county court division of     .

And to

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

* Delete as appropriate



FORM 137H

REQUEST BY THE COURT FOR A PARTY TO THE APPEAL TO PROVIDE INFORMATION IN RELATION TO AN APPLICATION FOR LEAVE TO ADDUCE EVIDENCE UNDER ARTICLE 28(2)

Order 32: Part IIA: Rule 6N

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

The court hereby requests that you,     (insert name of the party to whom the request is made), being a party to the above appeal, provide the court with the information detailed below, which the court considers will assist it in determining the application to adduce evidence under Article 28(2) of the Criminal Evidence (Northern Ireland) Order 1999.

Details of the information which the court requires to assist in determining the application:

Chief Clerk

Note:

The information requested shall be furnished to the court within 14 days.



FORM 137I

NOTICE OF THE DECISION OF THE COURT ON AN APPLICATION FOR LEAVE TO ADDUCE EVIDENCE UNDER ARTICLE 28(2)

Order 32: Part IIA: Rule 6N

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

Upon the hearing of an application by      (name of appellant), on     (date application heard) for leave to adduce evidence under Article 28(2) of the Criminal Evidence (Northern Ireland) Order 1999, the court made an order to the following effect, viz: -

Leave in relation to evidence or questions on an application made in Form 137F is:

[refused for the following reasons(state reasons) ]*

[granted for the following reasons and, subject to the following restrictions(state reasons and the extent to which evidence may be adduced or questions asked in pursuance of leave) ]*

Chief Clerk

Note:

A copy of this notice is to be sent to each party to the appeal.

* Delete as appropriate


EXPLANATORY NOTE

(This note is not part of the Rules.)


These Rules amend Part IIA of Order 32 (Appeals from magistrates' courts) of the County Court Rules (Northern Ireland) 1981 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(1) amends Order 32 Part IIA of the principal Rules by -

New Rule 6J provides for an application by a prosecutor for a direction under Article 24 of the 1999 Order preventing an appellant from cross-examining a witness in person.

New Rule 6K prescribes the time when, and the manner in which, a legal representative is to be appointed to act for the appellant for the purpose of cross-examining any witness whom the appellant is prevented from cross-examining in person by virtue of Article 22, 23 or 24 of the 1999 Order.

New Rule 6L provides for the procedure to be followed when the court appoints a qualified legal representative where the appellant fails to appoint a legal representative to act for him. New Rule 6M details the procedures where the appellant subsequently arranges for a legal representative to act for him.

New Rule 6N 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 2(2) amends Appendix I to the principal Rules, by:

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. 2003 No. 295back


ISBN 0 33795303 1


  © Crown copyright 2003

Prepared 8 December 2003

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URL: http://www.bailii.org/nie/legis/num_reg/2003/20030485.html