The Crown Court (Amendment) Rules (Northern Ireland) 2008

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Crown Court Rules (Northern Ireland) 1979 (“the principal Rules”) to prescribe the procedure relating to applications for—

• directions for a witness (other than the accused) to give evidence by live link under Part III of the Criminal Justice (Northern Ireland) Order 2004 (“the 2004 Order”) (live links);

• directions under Article 21A of the Criminal Evidence (Northern Ireland) Order 1999 (“the 1999 Order”) (use of live link for evidence of certain accused persons);

• Rule 2(1) inserts new Rules 44Q, 44R, 44S and 44T into the principal Rules to make provision in relation to the procedure for applications for witnesses other than the accused to give evidence by way of live link under Part III of the 2004 Order and for applications for live link directions for evidence of certain accused persons under Article 21A of the 1999 Order;

• Rules 44Q(1)–44Q(3) deal with the making of an application for a witness to give evidence by live link under Part III of the 2004 Order and the giving of notice thereof;

• Rule 44Q(4) requires that a person who wishes to oppose such an application must do so in writing;

• Rules 44Q(5)–44Q(10) deal with the procedure for a hearing and for giving notice of the determination of the Court in an application for a witness (other than the defendant) to give evidence through a live link;

• Rule 44Q(11) permits the Court to allow a notice or application under this Rule to be given in a different form, or orally, or may abridge or extend the time for service of such notice or application;

• Rule 44R makes provision in relation to the procedure in dealing with applications for rescission of a direction for a witness to give evidence through a live link;

• Rules 44S(1)–44S(3) make provision for the procedure for applications for directions for an accused person to give evidence by live link under Article 21A of the 1999 Order;

• Rules 44S(4) and (5) set out the procedure for a party wishing to oppose such an application;

• Rules 44S(6)–(11) and (13) deal with the procedure for a hearing and for giving notice of the determination of the Court on an application under Article 21A of the 1999 Order;

• Rule 44S(11) permits the Court to allow a notice or application under this Rule to be given in a different form, or orally, or may abridge or extend the time for service of such notice or application;

• Rule 44T makes provision in relation to the procedure on an application for a discharge of a live link direction given under Article 21A(7) of the 1999 Order;

• Rule 2(2) amends the Schedule to the principal Rules by inserting new Forms 7L–7O for use in connection with applications prescribed by these Rules.