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The Crown Court Rules (Northern Ireland) 1979

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PART VIMISCELLANEOUS

Special directions pursuant to section 47(2)

43.—(1) Where directions under section 47(2) of the Act confer power on the Lord Chief Justice to give special directions in regard to particular cases, he may give such directions either of his own motion or on the application of the defendant or the prosecutor.

(2) Any such application must be in writing and state the grounds of the application.

(3) With a view to giving any special directions the Lord Chief Justice may, if he considers it necessary, direct the parties to appear before him.

Time limits for beginning of trials

44.  The periods specified for the purposes of paragraphs (a) and (b) of section 48(5) of the Act shall be 8 days and 14 weeks respectively, and accordingly the trial of a person committed by a magistrates' court—

(a)shall not begin until the expiration of 8 days beginning with the date of his committal, except with his consent and the consent of the prosecutor, and

(b)shall, unless the Court has otherwise ordered, begin not later than the expiration of 14 weeks beginning with the date of his committal.

Variation or rescission of sentence or order under section 49

45.  Where a judge considers pursuant to section 49 of the Act whether a sentence or other order should be varied or rescinded, he shall do so in open court.

Manner of application

46.  Subject and without prejudice to rules 8 and 34, every application to the Court by the defendant or the prosecutor under these Rules, otherwise than at the trial, must be in writing and be delivered or sent to the chief clerk, and a copy thereof must be given to the opposite party.

Service of documents

47.  Any notice or other document which is require.cl by these Rules to be given to any person may be served personally on, or sent by post to, that person or his solicitor.

Amendment

48.  Section 7 of the Costs in Criminal Cases Act (Northern Ireland) 1968(1) shall have effect with the insertion after the word “payment” of the words “or the taxation”.

Annulment of Indictments Rules (Northern Ireland) 1977

49.  The Indictments Rules (Northern Ireland) 1977(2) are hereby annulled.

Repeal

50.  Upon the coming into force of these Rules sections 1 and 2 of the Indictments Act (Northern Ireland) 1945(3) and in section 7 of that Act the words “or the rules made thereunder” shall cease to have effect.

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