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	Statutory Rules of Northern Ireland
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" Applications which may be heard by the proper officer
     8A. —(1) The following applications may be heard by the proper officer, namely—


(a) an application for an order for the production of any document, exhibit or thing under section 80(6)(a) of the 2003 Act;

(b) an application for an order for any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the Court under section 80(6)(b) of the 2003 Act;

(c) an application to extend the time for service of the response by the acquitted person under rule 4(2).



    (2) As soon as practicable after the proper officer determines an application referred to in paragraph (1), he shall serve notice of his decision in Form 4A on every party to the section 76 application.

    (3) Where the proper officer has refused an application referred to in paragraph (1), the applicant may have the application determined by a single judge of the Court by serving notice of renewal in Form 4A on the proper officer within 14 days from the date on which notice of the refusal was served on him, or such longer period as the single judge of the Court may fix.

Applications which may be heard by a single judge
     8B. —(1) The following applications may be heard by a single judge of the Court—



(a) an application for an order for the production of any document, exhibit or thing under section 80(6)(a) of the 2003 Act;

(b) an application for an order for any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the Court under section 80(6)(b) of the 2003 Act; and

(c) an application to extend the time for service of the response by the acquitted person under rule 4(2); and

(d) an application to delay the requirement for service on the acquitted person of an application for restrictions on publication under rules 7(2) and 8(3).



    (2) A single judge of the Court shall, for the purpose of hearing any of the applications referred to in paragraph (1), sit in such place as he appoints and may sit otherwise than in open court.

    (3) Where a single judge of the Court determines an application set out in paragraph (1), the proper officer shall, as soon as practicable, serve notice of the Judge's decision in Form 4A on every party to the section 76 application.

Determination by full Court
     8C. —(1) Where a single judge of the Court has refused an application referred to in rule 8B, the applicant may have the application determined by the Court by serving a notice of renewal in Form 4A on the proper officer within 14 days from the date on which notice of the refusal was served on him, or such longer period as the single judge of the Court may fix.

    (2) If an application under paragraph (1) is not served within the prescribed period, or such extended period as the single judge of the Court has allowed, the application shall be treated as having been refused by the Court."

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


Brian Kerr

J M Nicholson

Anthony Campbell

Paul Girvan

Dated 16th December 2005



Signed by the authority of the Lord Chancellor



I concur


Bridget Prentice
Parliamentary Under-Secretary of State, Department for Constitutional Affairs

Dated 19th January 2006

" FORM 4A
Rules 8A to 8C

DETERMINATION BY THE PROPER OFFICER OR A SINGLE JUDGE [AND NOTICE OF RENEWAL]
(Sections 80 and 82 of the Criminal Justice Act 2003)


PART A




Details required	Notes
1. Details of the applicant Name: Address: If you are in custody, please give your prison number and the address of the establishment in which you are detained:
ORDER BY . . . . . . . . . . . . . . . . . . . .      2. Application considered
□ Application for the production of any documents, exhibit or other thing.	Section 80(6)(a)
□ Application for a witness to attend for examination and be examined before the Court.	Section 80(6)(b)
□ Application for extension of time for service of acquitted person's response.	Rule 4(2)
□ Application to delay the requirement for service on the acquitted person of an application for restrictions on publication.	Rules 7(2) and 8(3)
(tick where appropraite)
3. Decision:	If an application has been refused, it may be renewed for consideration by a single judge (if the decision was made by the proper officer) or by the Court (if the decision was made by a single judge of the Court). The applicant must fill in Part B of this form and return it to the proper officer.


Dated this            day of            20          .

Master (Queen's Bench and Appeals) (the proper officer)



PART B
NOTICE OF RENEWAL
To the Master (Queen's Bench and Appeals) (the proper officer),

Appeals and Lists Office

Court of Appeal,

Royal Courts of Justice,

Belfast

BT1 3JF



4. Notice of Renewal:
The following application(s) are renewed:	Applicants must use this section for the renewal of applications.
The date that this form was delivered to the applicant:	An application not renewed in time will be treated as if it were refused by the full Court.
	Notice of the renewal must be served on the proper officer within 14 days of the date on which notice of the decision was served on the party making the application, unless a longer period has been specified.


Dated this            day of            20          .

Applicant

[Solicitor for Applicant]"

[2] 2003 c. 44back

[3] S.R. 2005 No. 158back

 © Crown copyright 2006