The Crown Court (Prosecution Appeals) Rules (Northern Ireland) 2005

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Crown Court (Prosecution Appeals) Rules (Northern Ireland) 2005 and shall come into operation on 18th April 2005.

(2) In these Rules –

“the 2004 Order” means the Criminal Justice (Northern Ireland) Order 2004;

“appeal” means an appeal against a ruling under Article 17 of the 2004 Order and “application for leave to appeal” should be construed accordingly;

“business day” means any day other than –

(a)

a Saturday, Sunday, Christmas Day or Good Friday; or

(b)

a day which is, or is to be observed as, a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971(1).

“chief clerk” means the chief clerk of the Court before which the defendant is being tried and includes such other member of the Court Service as may be authorised to act on his behalf for the purpose in question;

“defendant” means a party in whose favour the ruling which is the subject of the appeal was made;

“interested party” means a person other than the defendant who –

(i)

is a party to the proceedings in the Crown Court;

(ii)

may be affected by the decision of the judge under Article 18(1) of the 2004 Order as to whether or not the appeal should be expedited; and

(iii)

is permitted by the judge to make representations on that issue;

“judge” means the judge of the Crown Court with conduct of the proceedings;

“public interest ruling” means a ruling under section 3(6), 7A(8) or 8(5) of the Criminal Procedure and Investigations Act 1996(2) that it is not in the public interest to disclose material in the possession of the prosecution;

“the proper officer” means the Master (Queen’s Bench and Appeals) and includes any other officer of the Supreme Court directed by the Lord Chief Justice to exercise the powers and duties of the Master (Queen’s Bench and Appeals).

(3) The form in the Schedule shall be used where applicable with such variations as the circumstances of the particular case require.

(1)

1971 c. 80

(2)

1996 c. 25; section 7A was inserted into the Criminal Procedure and Investigations Act 1996 by section 37 of the Criminal Justice Act 2003