The Rules of the Supreme Court (Northern Ireland) (Amendment No. 4) 2005

Explanatory Note

(This note is not part of the Order)

These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 (“the principal rules”) to prescribe the procedure relating to applications for control orders under the Prevention of Terrorism Act 2005.

These Rules replace the Rules of the Supreme Court (Northern Ireland) (Amendment No. 3) 2005 (S.R. 2005 No. 191) and are made under exercise of the power in paragraph 3(6) of the 2005 Act.

Rule 2 amends the Arrangement of Orders at the beginning of the principal rules to take account of the insertion of a new Order 116A.

Rule 3 amends the principal rules by amending the rule relating to the overriding objective, providing for applications under the Act to be assigned to the Queen’s Bench Division of the High Court and inserting a new Order 116A, which makes provision for applications to the High Court and appeals to both the High Court and the Court of Appeal under the Act.

Rule 4 provides for a new Form 37B to be inserted into the Appendix to the principal rules.

Schedule 1 inserts a new Order 116A into the principal rules.

New Rule 1 contains interpretative provisions.

New Rule 2 modifies the overriding objective in Order 1 of the principal rules so that it shall be read and given effect in a manner compatible with the Court’s duty to ensure that information is not disclosed contrary to the public interest.

New Rule 3 introduces Part II of Order 116A, which applies to applications to the High Court in relation to derogating control orders.

New Rule 4 makes provision for the procedure to be followed in applying to the High Court for the making of a derogating control order.

New Rule 5 requires the Court, on making a derogating control order, to give directions for a further hearing at which all the parties may be present and at which the Court must give directions for a full hearing under section 4(1)(b) of the Act.

New Rule 6 makes provision for the procedure to be followed in respect of an application for the renewal or revocation of a derogating control order or for the modification of obligations imposed by such an order.

New Rule 7 introduces Part III of Order 116A, which relates to procedures before the High Court in relation to non-derogating control orders.

New Rule 8 makes provision for the procedure by which the Secretary of State must apply to the Court for leave to make a non-derogating control order.

New Rule 9 makes provision for the procedure by which the Secretary of State must refer to the Court a non-derogating control order that he has made without the leave of the Court.

New Rule 10 requires the Court, on granting leave for the making of a non-derogating control order or on confirming such an order that was made by the Secretary of State without leave of the Court, to give directions for a further hearing at which all the parties may be present and at which the Court must give directions for a full hearing under section 3(10) of the Act.

New Rule 11 relates to appeals to the High Court in respect of non-derogating control orders and modifies the application of Order 55 and Order 59 of the principal rules to such appeals.

New Rule 12 makes provision for the procedure by which a controlled person may lodge and serve a Notice of Appeal in the High Court.

New Rule 13 prescribes the time limit for giving notice of appeal.

New Rule 14 makes provision for the procedure to be followed by the Secretary of State if he wishes to oppose an appeal made by a controlled person.

New Rule 15 modifies the application of Order 59 of the principal rules in respect of appeals to the Court of Appeal against an order of the High Court in control order proceedings.

New Rule 16 provides that a party to an appeal to the Court of Appeal requires leave to appeal and makes provision for the procedure to be followed on an application for leave.

New Rule 17 prescribes the time limit for both lodging and serving a notice of appeal to the Court of Appeals.

New Rule 18 makes provision for the Court of Appeal to strike out the whole or part of a notice of appeal, to set aside leave to appeal in whole or in part or to impose or vary conditions upon which an appeal may be brought.

New Rule 19 provides that an appeal to the Court of Appeal in connection with a control order will be limited to a review of the decision of the High Court, unless the Court of Appeal considers it in the interests of justice to hold a re-hearing. It further provides that the Court of Appeal will generally not receive either oral evidence or evidence that was not before the High Court and that the Court of Appeal will allow an appeal where the decision of the High Court was wrong or procedurally unjust.

New Rule 20 introduces Part V of Order 116A, which contains a number of general provisions that apply to all proceedings to which Order 116A applies.

New Rule 21 specifies that control order proceedings must be issued at the Central Office of the High Court.

New Rule 22 provides that the controlled person or the Secretary of State may apply for an order requiring the anonymity of the controlled person and that such an application may be made without notice to the other party to the control order proceedings.

New Rule 23 makes provision for the Court to notify all parties to any hearing under Order 116A of the date, time and place fixed for such a hearing.

New Rule 24 makes provision for those proceedings under the Act that must be determined by a hearing.

New Rule 25 provides that a Court may direct that a hearing or part of a hearing shall be held in private in order to secure that information is not disclosed contrary to the public interest or for any other good reason.

New Rule 26 makes provision for the appointment of a special advocate to represent the controlled person where the Secretary of State applies for a non-derogating control order, applies for leave to make a non-derogating control order, refers a non-derogating control order made without leave or is served with any application or appeal under Order 116A.

New Rule 27 describes the functions of the special advocate as making submissions to the Court at hearings from which the controlled person and his legal representatives are excluded, cross-examining witnesses at such hearings and making written submissions to the Court.

New Rule 28 provides that the special advocate may communicate with the controlled person or his legal representative at any time before the Secretary of State serves closed material on him and makes provision for restrictions on such communication after the Secretary of State has served such material on the special advocate.

New Rule 29 modifies the general rules on evidence and disclosure and provides for the Court to receive evidence in various forms.

New Rule 30 provides that the Secretary of State is required to make a reasonable search for relevant material and to lodge and serve that material in accordance with the rules in Order 116A.

New Rule 31 makes provision for the Secretary of State to apply to the Court for leave to withhold closed material from a controlled person or his legal representative and provides that he may not rely on such material unless a special advocate has been appointed to represent the controlled person.

New Rule 32 provides for the Court to fix a hearing where the Secretary of State has objected to a proposed communication by the special advocate with the controlled person or his legal representative or has applied to the Court for leave to withhold closed material.

New Rule 33 makes provision for the order in which parties to proceedings under Order 116A must lodge and serve any material and written submissions.

New Rule 34 provides that, where a party to proceedings or a special advocate fails to comply with a direction of the Court, the Court may serve notice of the manner in which he has failed to comply with the direction, impose a time limit for complying with the direction and may proceed to determine the proceedings before it if the party fails to comply with the direction.

New Rule 35 provides that the Court may withhold any or part of its reasons when giving judgment if there is a risk of disclosing information contrary to the public interest.

New Rule 36 makes provision for the Secretary of State to apply to the Court for it to reconsider the terms of any order or direction given in his absence, or review the terms of a proposed judgment in order to prevent the disclosure of information that is contrary to the public interest.

New Rule 37 modifies Order 66 of the principal rules in so far as it applies to the supply of Court documents.

Schedule 2 prescribes the content of new Form 37B.