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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Criminal Appeal (Trial without jury where danger of jury tampering and Trial by jury of sample counts only) Rules (Northern Ireland) 2006 No. 487 URL: http://www.bailii.org/nie/legis/num_reg/2006/20060487.html |
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| Made | 30th November 2006 | ||
| To be laid before Parliament | |||
| Coming into operation | 8th January 2007 |
(b) an appeal under section 18A of the 2004 Act from the refusal by a judge at a hearing mentioned in section 18(1)(b) of an application under section 17 or from an order of a judge at such a hearing under section 17(2) which is made on the determination of such an application,
and "application for leave to appeal" shall be construed accordingly;
Forms
2.
Any reference in these Rules to a form means a reference to a form set out in the Schedule or a form to the same effect.
Notice of appeal or application for leave to appeal
3.
—(1) A notice of appeal (where the judge of the Crown Court has granted leave) or of an application for leave to appeal to the Court shall be given by completing Form 1 and serving it on—
(2) The notice of appeal or application for leave to appeal shall be served within 7 days of the date of the order or ruling which is the subject of the appeal.
(3) The Court may, on application of the appellant, extend the time within which notice of appeal or of an application for leave to appeal shall be given either before or after that period expires.
(4) The notice of appeal or application for leave to appeal shall be accompanied by any documents necessary for the proper determination of the appeal or application for leave to appeal including—
(5) The notice of appeal or application for leave to appeal shall be accompanied by Form 2 for a respondent to complete if he wishes to oppose the appeal or the application for leave to appeal.
Respondent's notice
4.
—(1) A respondent may oppose the appeal or application for leave to appeal by serving a response in Form 2 on—
(2) Subject to paragraph (3), the respondent shall serve the response within 7 days of the date on which the notice of appeal or application for leave to appeal was served on him.
(3) The Court may, on application of the respondent, extend the time within which the response shall be served either before or after that period expires.
Persons in custody
5.
—(1) A person in custody is not entitled to be present in person at the hearing of an appeal or application for leave to appeal, unless the Court so directs.
(2) A person in custody will be entitled to participate in such a hearing, without a direction of the Court, by live television link.
(3) In directing whether a person in custody shall be present in person under paragraph (1) the Court shall take into account—
(4) In this rule, "live television link" means an arrangement whereby a person, while absent from the courtroom, is able to see and hear the Court and to be seen and heard by it.
Supply of documentary and other exhibits
6.
—(1) The proper officer shall, on request, supply to any party to the proceedings copies of documents or other exhibits required for the appeal or application for leave to appeal and in such case may make charges in accordance with scales and charges fixed for the time being by the Treasury.
(2) The proper officer shall, on request, make arrangements for any party to the proceedings to inspect any document or other exhibit required for the appeal.
(3) This rule shall not apply to the supply of transcripts of any proceedings or part thereof.
Abandonment of proceedings
7.
An appeal or an application for leave to appeal (including an application for leave to appeal the House of Lords) may be abandoned before the hearing of the appeal or application by serving on the proper officer notice thereof in Form 3.
Applications which may be determined by the proper officer
8.
—(1) The following applications may be determined by the proper officer, namely—
(2) As soon as practicable after the proper officer determines an application set out in paragraph (1), he shall serve notice of his decision in Form 4 on—
(3) Where the proper officer has refused an application referred to in paragraph (1), the party making the application may have the application determined by a single judge of the Court by serving notice of renewal in Form 4 on the proper officer within 7 days, or such longer period as the single judge of the Court may fix, from the date on which notice of the refusal was served on him.
Applications which may be determined by a single judge
9.
—(1) The following applications may be determined by a single judge of the Court—
(2) Where a single judge of the Court determines an application referred to in paragraph (1), the proper officer shall, as soon as practicable, serve notice of the Judge's decision in Form 4 on—
Determination by full Court
10.
—(1) Where a single judge of the Court has refused an application referred to in rule 9, the party making the application may have the application determined by the Court by serving a notice of renewal in Form 4 on the proper officer within seven 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.
Assistance from the Crown Court
11.
The proper officer may require the chief clerk to furnish the Court with any assistance or information which it may require for the purposes of exercising its jurisdiction under Part 7 of the 2003 Act, sections 17 to 18B of the 2004 Act, or these Rules.
Notice of hearing and determination of the Court
12.
—(1) The proper officer shall, as far in advance as reasonably practicable, give notice of the date fixed for the hearing by the Court of an appeal or application to—
(2) As soon as reasonably practicable after the determination of an appeal or application for leave to appeal, the proper officer shall serve notice of the decision of the Court on those parties listed in paragraph (1).
Appeal to the House of Lords
13.
An application to the Court for leave to appeal to the House of Lords shall either be made—
Service
14.
Any notice or other document which is required by these Rules to be given to any person shall be served in accordance with Rule 30 of the Criminal Appeal (Northern Ireland) Rules 1968[4].
Brian Kerr
Paul Girvan
Patrick Coghlin
Mark Horner
Bernard McCloskey
Tony Caher
Caroline McGonagle
Dated 8th November 2006
Signed by the authority of the Lord Chancellor
In exercise of the powers conferred by section 55A (3) of the Judicature (Northern Ireland) Act 1978, I allow these Rules.
Bridget Prentice
Parliamentary Under Secretary of State Department for Constitutional Affairs
Dated 30th November 2006
Section 18A of the 2004 Act provides for a right of appeal to the Court of Appeal against the refusal by a judge of an application for trial by jury of sample counts only or an order of a judge made on the determination of such an application,
Rule 3 prescribes the manner in which, and the time at which, notice of appeal (where the judge of the Crown Court has granted leave) or application for leave to appeal shall be given. It also prescribes the documents which should accompany the notice and provides that the Court may extend the time within which the notice of appeal or application for leave to appeal shall be given.
Rule 4 provides that a respondent may oppose the appeal or application for leave to appeal by serving a notice of his opposition in Form 2. It also prescribes the time within which the respondent's notice shall be served and provides that the Court may extend this time limit.
Rules 5 to 14 make supplementary provision.