The Crown Court Rules (Northern Ireland) 1979

Procedure on application under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969

35.—(1) Where there have been no committal proceedings, the application shall—

(a) state why it is desired to present an indictment without such proceedings;

(b) be accompanied by copies of the statements of the witnesses intended to be examined on behalf of the prosecution; and

(c) state that the evidence shown by these statements will be available at the trial and that the case disclosed by the statements, is to the best of the applicant's knowledge, information and belief, a true case.

(2) Where there have been committal proceedings and the magistrates' court has refused to commit the accused for trial, the application shall be accompanied by—

(a) a copy of the depositions; and

(b) the statements of any witnesses whom it is proposed to call so far as their evidence is not contained in the depositions;

and the application shall state that the evidence shown by the statements and (except so far as may be expressly stated to the contrary in the application) the evidence shown by the depositions will be available at the trial and that the case disclosed by the depositions and statements is, to the best of the applicant's knowledge, information and belief, a true case.

(3) Where the accused has been committed for trial, the application shall state why the application is made and shall be accompanied by copies of the statements of the witnesses intended to be examined on behalf of the prosecution, so far as the evidence shown in those statements is not contained in the depositions, and, unless the depositions have already been transmitted to the judge to whom the application is made, shall also be accompanied-by a copy of the depositions; and the application shall state that the evidence shown by the said statements will be available at the trial and that the case disclosed by the depositions and the statements is, to the best of the applicant's knowledge, information and belief, a true case.

(4) Any requirement of this rule that an application should be accompanied by a copy of any depositions shall, as respects documents exhibited to those depositions, be satisfied if a copy of such parts only of the exhibits as are, in the opinion of the applicant, material accompanies the application and the application contains an express statement to that effect.