BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Rules of Northern Ireland


You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Crown Court (Amendment) Rules (Northern Ireland) 2004 No. 233
URL: http://www.bailii.org/nie/legis/num_reg/2004/20040233.html

[New search] [Help]



2004 No. 233

SUPREME COURT, NORTHERN IRELAND

The Crown Court (Amendment) Rules (Northern Ireland) 2004

  Made 17th May 2004 
  To be laid before Parliament
  Coming into operation in accordance with rule 1

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], section 10 of the Criminal Justice (International Co-operation) Act 1990[2] and section 49 of the Crime (International Co-operation) Act 2003[3] 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) Rules (Northern Ireland) 2004 and subject to paragraph (2) shall come into operation on 11th June 2004.

    (2) Paragraphs (1), (2) and (4) of rule 2 below shall come into operation on the same day as section 46 of the Youth Justice and Criminal Evidence Act 1999[
4] comes into force.

    (3) In these Rules, "the principal Rules" shall mean the Crown Court Rules (Northern Ireland) 1979[5], and a reference to a rule, a Part or a Form by number means the rule, Part or Form so numbered in the principal Rules.

Amendment to the principal Rules
     2.  - (1) Rule 2(1) shall be amended by inserting after the definition of the "Taxing Master", the following definition:

    (2) After rule 44H, there shall be inserted the following new rules:

    (3) For Part VIII, there shall be substituted the new Part VIII in Schedule 1 to these Rules.

    (4) The Schedule to the principal Rules shall be amended by inserting after Form 7, the new Forms 7A to 7D in Schedule 2 to these Rules.


Brian Kerr

J. M. Nicholson

A. R. Hart

Paul G. Copeland

Barra McGrory

J. Wilson

Dated 13th May 2004



Signed by authority of the Lord Chancellor



I concur


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

Dated 17th May 2004



SCHEDULE 1
Rule 2(3)







SCHEDULE 2
Rule 2(4)


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




FORM 7A

Rule 44I

IN THE CROWN COURT IN NORTHERN IRELAND

Application for a reporting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999

A copy of this form shall be served on every other party to the proceedings at the same time as it is served on the chief clerk.

Details required Notes
Details of applicant

Name of applicant:

Name of applicant's solicitor:

Address of solicitor:

Reference:

    
Details of witness     
Name of witness:

Date of birth of witness:

These details need not be given where a notice has been served applying for an order that all or part of the trial be held in camera.
Case details

Name of PSNI Central Process Office:

Central Process Office or District Command

Unit reference number:

DPP reference number:

Defendant(s): Surname:

Forenames:

    
The Crown Court at:

Crown Court Bill Number:

The venue of the court hearing the case.
Date of -

    committal for trial*

giving of notice of transfer*

leave given to present indictment*

order for retrial*

next court appearance*

* Delete as appropriate
Charges Give brief details of those charges to which this application relates
Details of application     
State the grounds on which the applicant relies in support of the application for a reporting direction: The statement should make clear why, in the applicant's view, if the direction is not given -

    (a) the quality of evidence given by the witness, or

    (b) the level of co-operation given by the witness to any party to the proceedings in the preparation of that party's case,

is likely to be diminished by fear or distress if the witness is identified by members of the public.

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

Examples might be -

Police report

Medical report

Set out the views of the witness for whom the direction is sought on this application:     
Public interest

State why a reporting direction -

    (a) is in the interests of justice; and

    (b) is in the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of proceedings

    

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.

NOTE to party who receives a copy of this notice:

If you wish to oppose this application you are required within 7 days to notify the applicant and the chief clerk in writing of your opposition stating the reasons for such.



FORM 7B

Rule 44J

IN THE CROWN COURT IN NORTHERN IRELAND

Application for an excepting direction under section 46(9) of the Youth Justice and Criminal Evidence Act 1999

A copy of this form shall be served on every other party to the proceedings at the same time as it is served on the chief clerk.

Details required Notes
Details of applicant

Name of applicant:

Name of applicant's solicitor:

Address of solicitor:

Reference:

    
Details of witness     
Name of witness:

Date of birth of witness:

These details need not be given where a notice has been served applying for an order that all or part of the trial be held in camera.
Case details

Defendant(s): Surname:

Forenames:

The Crown Court at:

Crown Court Bill Number:

    
Date of -

    committal for trial*

giving of notice of transfer*

leave given to present indictment*

order for retrial*

next court appearance*

* Delete as appropriate
Charges Give brief details of those charges to which this application relates
Reference number of reporting direction:     
Court which gave the reporting direction:     
Date on which reporting direction is given:     
Is a copy of the reporting direction attached: The applicant should attach a copy of the reporting direction if available
Details of application

State the grounds on which the applicant relies and in particular state why a reporting direction is or would be a substantial and unreasonable restriction on the reporting of the proceedings:

State why it would be in the public interest to remove or relax reporting restrictions:

    

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.

NOTE to party who receives a copy of this notice:

If you wish to oppose this application you are required within 7 days to notify the applicant and the chief clerk in writing of your opposition stating the reasons for such.



FORM 7C

Rule 44K

IN THE CROWN COURT IN NORTHERN IRELAND

Application for [revocation of a reporting direction] [variation of an excepting direction] [revocation of an excepting direction] under section 46 of the Youth Justice and Criminal Evidence Act 1999

A copy of this form shall be served on every other party to the proceedings at the same time as it is served on the chief clerk.

Details required Notes
Details of applicant

Name of applicant:

Name of applicant's solicitor:

Address of solicitor:

Reference:

    
Details of witness     
Name of witness:

Date of birth of witness:

These details need not be given where a notice has where a notice has been served applying for an order that all or part of the trial be held in camera.
Case details

Defendant(s): Surname:

Forenames:

The Crown Court at:

Crown Court Bill Number:

    
Date of -

    committal for trial*

giving of notice of transfer*

leave given to present indictment*

order for retrial*

next court appearance*

which application is to be heard*

*Delete as appropriate
Charges: Give brief details of those charges to which this application relates
Reference number of [reporting][excepting] direction:     
Court which gave the [reporting][excepting] direction:     
Date on which [reporting][excepting] direction given:     
Is a copy of the [reporting][excepting] direction attached: The applicant should attach a copy of the [reporting] [excepting] direction if available
Details of application     
The application is for:

[the revocation of a reporting direction]*

[the variation of an excepting direction]*

[the revocation of an excepting direction]*

The grounds on which the applicant relies are as follows -

*Delete as appropriate

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.

NOTE to party who receives a copy of this notice:

If you wish to oppose this application you are required within 7 days to notify the applicant and the chief clerk in writing of your opposition stating the reasons for such.



FORM 7D

Rule 44L

IN THE CROWN COURT IN NORTHERN IRELAND

Notice of decision on application for [reporting direction][excepting direction] [revocation of reporting direction] [variation or revocation of excepting direction] made in accordance with section 46 of the Youth Justice and Criminal Evidence Act 1999



Details required Notes
Details of applicant

Name of applicant:

Name of applicant's solicitor:

Address of solicitor:

Reference:

    
Details of witness     
Name of witness:

Date of birth of witness:

These details need not be given where a notice has been served applying for an order that all or part of the trial be held in camera.
Case details

The Crown Court at:

Crown Court Bill Number:

Defendant(s):

Charges:

    
Upon the hearing of an application on (date)      at (place)      the Court made an order to the following effect, viz:
Reporting Direction

If a reporting direction has been given by the Court, give the following details -

Reference number of reporting direction:

Court which gave the reporting direction:

Date on which reporting direction given:

Give details of restrictions imposed by the direction:

Excepting Direction

If an excepting direction has been given by the Court, give the following details -

Reference number of the excepting direction:

Court which gave the direction:

Date on which direction given:

Give details of the exception granted by the Court:

Revocation of a reporting direction

If a reporting direction has been revoked, give the following details -

Reference number of the reporting direction:

Court which gave the reporting direction:

Date on which the reporting direction was given:

Date on which the reporting direction was revoked:

Variation or revocation of an excepting direction

If an excepting direction has been varied or revoked, give the following details -

Reference number of the excepting direction:

Court which gave the excepting direction:

Date on which the excepting direction was given:

Give details of how the excepting direction was varied or revoked:


Dated this      day of      20    .

Chief Clerk



EXPLANATORY NOTE

(This note is not part of the Rules.)


These Rules amend the Crown Court Rules (Northern Ireland) 1979 ("the principal Rules") to make provision relating to applications -

Rule 2(1) inserts a reference to the Youth Justice and Criminal Evidence Act 1999 into the interpretation provisions in the principal Rules.

Rule 2(2) inserts new rules 44I to 44M into the principal Rules.

New rule 44I prescribes the manner in which an application for a reporting direction shall be made. New rule 44J prescribes the manner in which an application for an excepting direction shall be made.

New rule 44K provides for an application to be made to revoke a reporting direction or to vary or revoke an excepting direction which has already been given.

New rule 44L provides that the Court may direct a hearing of an application where notice of opposition is given or where the Court considers it appropriate to do so. It also provides that the chief clerk shall notify all the parties to the proceedings of the Court's decision.

Where an application has been made to hold a trial in camera, new rule 44M provides that an application for a direction need not identify the witness.

Rule 2(3) substitutes a new Part VIII into the principal Rules.

New rule 55 provides an interpretation of certain terms used in the new Rules.

New Rule 56 prescribes the information that shall be contained within the notice required by section 3(4) of the Act to accompany process served outside the United Kingdom.

New Rule 57 provides that service of a process under section 4 of the Act may be proved by a certificate given by or on behalf of the Secretary of State, which shall be admissible as evidence of any facts stated therein.

New Rule 58 prescribes the manner in which an application under section 7(1) of the Act (requests for assistance in obtaining evidence abroad) shall be made.

New Rule 59 provides that a court nominated to receive evidence requested from abroad may determine who may appear or take part in proceedings in that regard and may exclude the public from the Court during the proceedings.

New Rule 60(1) provides that in proceedings pursuant to a notice under section 15(1), the chief clerk shall make a record of evidence received together with other information as is prescribed by paragraph (2). New Rule 60(3) provides that the chief clerk shall send to the court or authority that made the request a copy of so much of the court record as is relevant to that request.

New Rule 61 provides for an interpreter to be present in court in connection with proceedings that involve witnesses in the UK giving evidence by television link and telephone to countries outside the UK.

New Rule 62 requires for the chief clerk to make a record of evidence given at any proceedings at which a witness in the UK gives evidence under section 30(3) of the Act and prescribes other information that shall be included in this record. New Rule 62A makes similar provision in relation to proceedings at which a witness in the UK gives evidence by telephone link under section 31(4) of the Act.

New Rule 62B restricts access to records kept under rules 60, 62 and 62A.

Rule 2(4) amends the Schedule to the principal Rules by inserting new Forms 7A to 7D for use in connection with applications prescribed in these Rules.


Notes:

[1] 1978 c. 23back

[2] 1990 c. 5back

[3] 2003 c. 32; section 49 is supplemented by section 3(4)(b) of, and paragraph 4 of Schedule 1, and paragraphs 8, 10 and 17 of Schedule 2 to, the 2003 Actback

[4] 1999 c. 23back

[5] S.R. 1979 No. 90; to which the most recent relevant amendments were made by S.R. 1991 No. 327, S.R. 2003 No. 279 and S.R. 2003 No. 471back

[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

[9] 2003 c. 32back



ISBN 0 337 95554 9


  © Crown copyright 2004

Prepared 10 June 2004


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_reg/2004/20040233.html