(This note is not part of the Rules.)
These Rules amend the Magistrates' Courts Rules (Northern Ireland) Rules 1984 (“the principal Rules”) to prescribe the procedure relating to –
applications to adduce bad character evidence under Part II of the Criminal Justice (Evidence) (Northern Ireland) Order 2004; and
notice of intention to adduce hearsay evidence under Part III of that Order.
Rule 2(2) inserts a new Rule 149AR, which prescribes the procedure to be followed on an application to:
adduce evidence of the bad character of persons other than the defendant or to cross examine a witness with a view to eliciting such evidence (new Rules 149AR(1) and (2));
oppose the admission of evidence of the bad character of persons other than the defendant (new Rule 149AR(3));
adduce evidence of a defendant’s bad character or to cross examine a witness with a view to eliciting such evidence (new Rules 149AR(4) to (7));
exclude evidence of a defendant’s bad character (new Rule 149AR(8)).
New Rule 149AR(9) provides that the defendant may waive service of any application or notice. The court may also allow a notice or application to be given in a different form or orally, and may abridge or extend any of the time limits (new Rule 149AR(10)).
Rule 2(2) also inserts a new Rule 149AS, which prescribes the procedure to be followed on an application to:
adduce hearsay evidence (new Rules 149AS(1) to (5)); and
oppose the admission of hearsay evidence (new Rule 149AS(6)).
New Rule 149AS(7) provides that a party may waive service of any application or notice.
New Rule 149AS(8) provides that the court may dispense with the requirement to give notice, may allow a notice or application to be given in a different form or orally and may abridge or extend any of the time limits for service of a notice under new Rule 149AS.
Rule 2(3) amends Schedule 1 to the principal Rules by inserting new Forms 88A to 88F for use in connection with applications prescribed by these Rules.