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Statutory Rules of Northern Ireland
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STATUTORY RULES OF NORTHERN IRELAND

2005 No. 143

COUNTY COURTS

County Court (Amendment) Rules (Northern Ireland) 2005

  Made 17th March 2005 
  Coming into operation 18th April 2005 

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 upon us by Article 47 of that Order, Articles 16 and 35 of the Criminal Justice (Evidence) (Northern Ireland) Order 2004[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) Rules (Northern Ireland) 2005.

    (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 by inserting after Rule 6NF, the following new Rules: -

    (2) In Order 32 Part III, Rule 7 shall be amended by inserting after the definition of the "the 1999 Order", the following definition:

    (3) Appendix I shall be amended by inserting after Form 137M, the new Forms 137N to 137S in the Schedule to these Rules.

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.


T. A. Burgess

Barry Valentine

James A. Agnew

Adrian Colton

Dated 15th March 2005



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


18th April 2005.



Signed by the authority of the Lord Chancellor


Baroness Ashton of Upholland
Parliamentary Under-Secretary of State, Department for Constitutional Affairs

Dated 17th March 2005



SCHEDULE
Rule 2(3)


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




FORM 137N

APPLICATION FOR LEAVE TO ADDUCE EVIDENCE OF NON-APPELLANT'S BAD CHARACTER UNDER ARTICLE 5 OF THE CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004

Order 32: Part IIA: Rule 6NG(1)

This form shall be served on the chief clerk and on every other party to the appeal, within 14 days from the date of the service of notice of appeal from the decision of a magistrates' court.

Details required Notes
Details of applicant     
Name:     
Address:     
Case details     
Name of PSNI Central Process Office:     
Central Process Office or District Command Unit reference number:     
DPP reference number:     
Appellant(s):     
  • Name:
    		•      
  • Address:
    		•      
  • Date of birth:
    		•      
    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 the application     
    Please provide the following details:     
  • the particulars of the bad character evidence including how it is to be adduced or elicited at the appeal (including the names of the relevant non-appellant and other relevant witnesses); and
    		•  Article 5 of the 2004 Order.
  • the grounds for the admission of evidence of a non-appellant's bad character under Article 5 of the 2004 Order.
    		•  Please attach any relevant documentation.
    Extension of time for service     
    Please indicate whether you are applying for an extension of time for service.     
    If the answer is yes, please state your reasons:     

    Dated this      day of      20    .

         (Signed)

         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.

    Note to party who receives a copy of this application:

    If you wish to oppose this application you are required within 14 days from the date on which the application was served on you, to notify the chief clerk and every other party to the appeal, in Form 137O, of your opposition.



    FORM 137O

    NOTICE OF OPPOSITION TO THE ADMISSION OF EVIDENCE OF A NON-APPELLANT'S BAD CHARACTER UNDER ARTICLE 5 OF THE CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004

    Order 32: Part IIA: Rule 6NG(3)

    This form shall be served on the chief clerk and on every other party to the appeal, within 14 days from the date on which the application for leave to adduce evidence of a non-appellant's bad character was served.

    Details required Notes
    Details of party giving notice

    Name:

    Address:

    		 State the name and address of the party giving notice of their opposition to the admission of evidence of a non-appellant's bad character. (If in custody give address where detained)
    Case details     
    Name of PSNI Central Process Office:     
    Central Process Office or District Command Unit reference number:     
    DPP reference number:     
    Appellant(s):     
  • Name:
    		•      
  • Address:
    		•      
  • Date of birth:
    		•      
    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 the notice     
    The details of the evidence of the non-appellant's bad character are as follows: Give brief details of the evidence that you want to oppose the admission of. Specify whether you oppose the admission of all or part of that evidence.
    Grounds for opposing the admission of the evidence of the non appellant's bad character Set out the grounds for opposing the admission of the evidence of the non-appellant's bad character .

    Any relevant skeleton argument or case law that might bear on the issue may be attached to this notice.
    Extension of time     
    Are you applying for an extension of time within which to give this notice?     
    If the answer is yes, please state your reasons:     

    Dated this      day of      20    .

         (Signed)

         Party opposing admission of bad character evidence/Solicitor for party

    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 137P

    NOTICE OF INTENTION TO ADDUCE APPELLANT'S BAD CHARACTER EVIDENCE UNDER ARTICLE 6 OF THE CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004

    Order 32: Part IIA: Rule 6NG(4)

    This form shall be served on the chief clerk and on every other party to the appeal, within 14 days from the date of the service of notice of appeal from the decision of a magistrates' court.

    Details required Notes
    Details of party giving notice     
    Name:     
    Address:     
    Case details     
    Name of PSNI Central Process Office:     
    Central Process Office or District Command Unit reference number:     
    DPP reference number:     
    Appellant(s):     
  • Name:
    		•      
  • Address:
    		•      
  • Date of birth:
    		•      
    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 the notice     
    To the named appellant:     
    You are hereby given notice that bad character evidence, particulars of which are detailed below, is to be adduced or elicited at the appeal.     
    The particulars of that bad character evidence are as follows: In this section include:

      a) a description of the bad character evidence and how it is to be adduced or elicited at the appeal (including the names of any relevant witnesses);

      b) the grounds for the admission of evidence of the appellant's bad character under Article 6 of the 2004 Order;

    Please attach any relevant documentation.
    Extension of time for service     
    Please indicate whether you are applying for an extension of time for service.     
    If the answer is yes, please state your reasons:     

    Dated this      day of      20    .

         (Signed)

         Applicant/Solicitor for Applicant

    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.

    Note to appellant:

    An application by an appellant to exclude bad character evidence shall be in Form 137Q and shall be served on the chief clerk and on every other party to the appeal within 7 days from the date on which the notice of intention to adduce the evidence of bad character was served on him.



    FORM 137Q

    APPLICATION TO EXCLUDE EVIDENCE OF APPELLANT'S BAD CHARACTER UNDER ARTICLE 6 OF THE CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004

    Order 32: Part IIA: Rule 6NG(6)

    This form should be served on the chief clerk and on every other party to the appeal within 7 days from the date on which the notice of intention to adduce evidence of the appellant's bad character was served on the appellant.

    Details required Notes
    Details of the appellant(s)     
    Name:     
    Address:     
    Date of birth:     
    If you are in custody, please give your prison number and the address of the establishment in which you are detained:     
    Case details     
    Name of PSNI Central Process Office:     
    Central Process Office or District Command Unit reference number:     
    DPP reference number:     
    Appellant(s):     
    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.
    Date that you were served with the notice of intention to adduce bad character evidence at this appeal:     
    Details of the application     
    Include the following information:     
    (a) why the admission of bad character evidence would have such an adverse effect on the fairness of the proceedings that the court should not admit it. if you have been notified of a party's intention to adduce this evidence under Article 6(1)(d) (it is relevant to an important matter in issue between the appellant and the prosecution) or Article 6(1)(g) (that the appellant has made an attack on another person's character).

    		 Note that an application to exclude this evidence under Article 6(3) of the 2004 Order can only be made
    (b) details as to the length of time between the matters to which the bad character evidence relates and the matters which form the subject of the offence charged.

    		 Article 6(4) of the 2004 Order.
    (c) if you are applying for the exclusion of this evidence on grounds other than Article 6(3) of the 2004 Order, please set out such objections.

    		     
    Extension of time for service     
    Please indicate whether you are applying for an extension of time for service.     
    If the answer is yes, please state your reasons:     

    Dated this      day of      20    .

         (Signed)

         Applicant/Solicitor for Appellant

    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 137R

    NOTICE OF INTENTION TO ADDUCE HEARSAY EVIDENCE UNDER ARTICLE 18 OF THE CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004

    Order 32: Part IIA: Rule 6NH(2)

    This form shall be served on the chief clerk and on every other party to the appeal, within 14 days from the date of the service of notice of appeal from the decision of a magistrates' court.

    Details required Notes
    Details of party giving notice     
    Name:     
    Address:     
    Case details     
    Name of PSNI Central Process Office:     
    Central Process Office or District Command Unit reference number:     
    DPP reference number:     
    Appellant(s):     
  • Name:
    		•      
  • Address:
    		•      
  • Date of birth:
    		•      
    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 the notice     
    To the named recipient of this notice:     
    I hereby give you notice of my intention to adduce hearsay evidence, details of which are set out below, in these proceedings.     
    Grounds for admission of hearsay evidence Tick as appropriate.
    On which of the following grounds do you intend to adduce hearsay evidence?     
    (a) Any statutory provision makes it admissible;

    		 Specify which provision of the 2004
    (b) Any rule of law preserved by Article 22, Criminal Justice (Evidence) (Northern Ireland) Order 2004:

    		 Order or other statute, or which rule of law preserved by Article 22 you rely on to adduce the evidence.
    (c) All parties to the proceedings agree to it being admissible; or

    		     
    (d) It is in the interests of justice for it to be admissible.

    Further details of grounds:

    		 Where box (d) is ticked, you must specify which of the factors set out in Article 18(2) of the 2004 Order you rely on and explain how they are relevant.
    Details of hearsay evidence     
    The details of the hearsay evidence are as follows: Give brief details of the evidence that you want to adduce as hearsay evidence.

    A complete copy of that evidence must be attached to this notice, if it has not already been served on the other parties.
    Extension of time     
    Are you applying for an extension of time within which to give this notice?     
    If the answer is yes, please state your reasons:     

    Dated this      day of      20    .

         (Signed)

         Applicant/Solicitor for Applicant

    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.

    Note to party who receives a copy of this application:

    If you wish to oppose the admission of hearsay evidence, you must, within 14 days from the date on which the notice was served on you, serve notice of your opposition in Form 137S on the chief clerk and every other party to the appeal.



    FORM 137S

    NOTICE OF OPPOSITION TO THE ADMISSION OF HEARSAY EVIDENCE UNDER ARTICLE 18 OF THE CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004

    Order 32: Part IIA: Rule 6NH(4)

    This form shall be served on the chief clerk and on every other party to the appeal, within 14 days from the date on which notice of intention to adduce hearsay evidence was served.

    Details required Notes
    Details of party giving notice     
    Name:     
    Address:     
    Case details     
    Name of PSNI Central Process Office:     
    Central Process Office or District Command Unit reference number:     
    DPP reference number:     
    Appellant(s):     
  • Name:
    		•      
  • Address:
    		•      
  • Date of birth:
    		•      
    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 the notice     
    The details of the hearsay evidence are as follows: Give brief details of the evidence that you want to exclude from the proceedings. Specify whether you object to all or part of that evidence.
    Grounds for excluding hearsay evidence Set out the grounds for excluding the hearsay evidence that you object to.

    Any relevant skeleton argument or case law that might bear on the issue may be attached to this notice.
    Extension of time     
    Are you applying for an extension of time within which to give this notice?     
    If yes, state your reasons:     

    Dated this      day of      20    .

         (Signed)

         Party opposing admission of hearsay evidence/Solicitor for party

    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.


    EXPLANATORY NOTE

    (This note is not part of the Rules.)


    These Rules amend Order 32 of the County Court Rules (Northern Ireland) 1981 ("the principal Rules") to prescribe the procedure relating to -

    Rule 2(1) inserts a new Rule 6NG, which prescribes the procedure to be followed on an application to:

    New Rule 6NG(7) provides that the appellant may waive service of any application or notice. The court may also allow a notice or application to be given in a different form or orally, and may abridge or extend any of the time limits (new Rule 6NG(8)).

    Rule 2(1) also inserts new Rule 6NH, which prescribes the procedure to be followed on an application to -

    New Rule 6NH(5) provides that a party may waive his entitlement to be served with any notice under new Rule 6NH.

    New Rule 6NH(6) provides that the court may dispense with the requirement to give notice, may allow a notice or application to be given in a different form or orally and may abridge or extend any of the time limits for service of a notice under new Rule 6NH.

    Rule 2(2) inserts a reference to the Criminal Justice (Evidence) (Northern Ireland) Order 2004 into the interpretation provisions in Order 32 of the principal Rules.

    Rule 2(3) amends the Appendix I to the principal Rules by inserting new Forms 137N to 137S for use in connection with applications prescribed by these Rules.

    Notes:

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

    [2] S.I. 2004/1501 (N.I. 10)back

    [3] S.R. 1981 No. 225; to which the most recent relevant amendment was made by S.R. 2004 No. 463back


    ISBN 0 337 95962 5


     © Crown copyright 2005

    Prepared 15 April 2005

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    URL: http://www.bailii.org/nie/legis/num_reg/2005/20050143.html