The Crown Court (Amendment) Rules (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the Crown Court Rules (Northern Ireland) 1979 (“the principal Rules”) to make provision relating to applications –

• under section 46 of the Youth Justice and Criminal Evidence Act 1999 for reporting directions and excepting directions in respect of adult witnesses in criminal proceedings; and

• under Part 1 of the Crime (International Co-operation) Act 2003.

Rule 2(1) inserts a reference to the Youth Justice and Criminal Evidence Act 1999 into the interpretation provisions in the principal Rules.

Rule 2(2) inserts new rules 44I to 44M into the principal Rules.

New rule 44I prescribes the manner in which an application for a reporting direction shall be made. New rule 44J prescribes the manner in which an application for an excepting direction shall be made.

New rule 44K provides for an application to be made to revoke a reporting direction or to vary or revoke an excepting direction which has already been given.

New rule 44L provides that the Court may direct a hearing of an application where notice of opposition is given or where the Court considers it appropriate to do so. It also provides that the chief clerk shall notify all the parties to the proceedings of the Court’s decision.

Where an application has been made to hold a trial in camera, new rule 44M provides that an application for a direction need not identify the witness.

Rule 2(3) substitutes a new Part VIII into the principal Rules.

New rule 55 provides an interpretation of certain terms used in the new Rules.

New Rule 56 prescribes the information that shall be contained within the notice required by section 3(4) of the Act to accompany process served outside the United Kingdom.

New Rule 57 provides that service of a process under section 4 of the Act may be proved by a certificate given by or on behalf of the Secretary of State, which shall be admissible as evidence of any facts stated therein.

New Rule 58 prescribes the manner in which an application under section 7(1) of the Act (requests for assistance in obtaining evidence abroad) shall be made.

New Rule 59 provides that a court nominated to receive evidence requested from abroad may determine who may appear or take part in proceedings in that regard and may exclude the public from the Court during the proceedings.

New Rule 60(1) provides that in proceedings pursuant to a notice under section 15(1), the chief clerk shall make a record of evidence received together with other information as is prescribed by paragraph (2). New Rule 60(3) provides that the chief clerk shall send to the court or authority that made the request a copy of so much of the court record as is relevant to that request.

New Rule 61 provides for an interpreter to be present in court in connection with proceedings that involve witnesses in the UK giving evidence by television link and telephone to countries outside the UK.

New Rule 62 requires for the chief clerk to make a record of evidence given at any proceedings at which a witness in the UK gives evidence under section 30(3) of the Act and prescribes other information that shall be included in this record. New Rule 62A makes similar provision in relation to proceedings at which a witness in the UK gives evidence by telephone link under section 31(4) of the Act.

New Rule 62B restricts access to records kept under rules 60, 62 and 62A.

Rule 2(4) amends the Schedule to the principal Rules by inserting new Forms 7A to 7D for use in connection with applications prescribed in these Rules.