The Magistrates' Courts (Amendment) Rules (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the Magistrates' Courts Rules (Northern Ireland) 1984 (“the principal Rules”) and contain provisions relating to applications for a special measures direction in the case of witnesses who require assistance on the grounds of age.

Rule 2(1) inserts a reference to the Criminal Evidence (Northern Ireland) Order 1999 into the interpretation provisions of the principal Rules.

Rule 2(2) amends Rule 149A of the principal Rules by revoking paragraph (1)(b), and making some further minor consequential amendments.

Rule 2(3) substitutes a new Rule 149AA, which provides for an application for a special measures direction to be made in the form specified in the Schedule to these Rules. An application for a direction to give evidence by means of a live link or by means of a video recording of the witness’s testimony shall also contain the additional information specified in Part 2 or Part 3 of the form.

Rule 2(4) inserts new Rules 149AB-149AH into the principal Rules. New Rule 149AB provides that the court may abridge the time for making an application for a special measures direction.

New Rule 149AC provides for late applications. New Rule 149AD provides for an application to be made to vary or discharge a special measures direction which has already been made. New Rule 149AE provides for renewal applications where a material change of circumstances has occurred since an application was refused.

New Rule 149AF imposes additional requirements where the application relates to the giving of evidence by means of a live link.

New Rule 149AG imposes additional requirements where the application relates to the admission of a video recording of an interview of the witness as evidence in chief of the witness.

New Rule 149AH provides for the mutual disclosure between the parties of expert evidence to be adduced in connection with the application for the special measures direction.

Rule 2(5) amends Schedule 1 to the principal Rules by substituting new Form 15A (Application for leave to use television link under Article 81(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989); Form 15B (Form of application for a special measures direction) and Form 15C (Notice of decision on an application for a special measures direction).