Judicature (Northern Ireland) Act 1978

53 Crown Court Rules Committee. U.K.

(1) There shall be a committee known as the Northern Ireland Crown Court Rules Committee (in this Act referred to as the Crown Court Rules Committee) which, subject to section 54(2), shall consist of—

(a) the Lord Chief Justice who shall be chairman;

(b) two judges of the High Court or the Court of Appeal nominated from time to time by the Lord Chief Justice;

(c) two county court judges nominated by the [F1 Lord Chief Justice];

(d) a resident magistrate nominated by the [F1 Lord Chief Justice];

(e) the Master (Queen’s Bench and Appeals);

(f) a practising member of the Bar of Northern Ireland nominated by the Lord Chancellor;

(g) [F2 one other] [F2 a] practising member of the Bar of Northern Ireland nominated by the Council thereof;

(h) the president of the Incorporated Law Society of Northern Ireland or a member of the Council thereof nominated by him;

(i) a practising solicitor nominated by that Council;

[F3 (j) a Public Prosecutor nominated by the Director of Public Prosecutions for Northern Ireland;

(k) a practising member of the Bar of Northern Ireland or a practising solicitor nominated by the Attorney General for Northern Ireland,]

and shall have the functions conferred on it in relation to the making of Crown Court rules by section 52.

[F4 (1A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (1)(c) or (d)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).]

(2) The [F5 joint secretaries to the Crown Court Rules Committee shall be the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor; and whichever of them is nominated by the Lord Chancellor] shall, in relation to Crown Court rules, be the responsible officer within the meaning of [F6 Articles 5 and 7 of the Statutory Rules (Northern Ireland) Order 1979].

(3) Sections 54(2), (3), (4) and (6), 55(3) and [F7 56(1)(2) and (2A)] shall apply to the Crown Court Rules Committee and Crown Court rules as if references in those provisions to the Rules Committee and rules of court included references to the Crown Court Rules Committee and Crown Court rules respectively.

[F8 (4) In the application of section 56(1) by virtue of subsection (3), references to section 55A include references to section 53A.]

Textual Amendments

F1 Words in s. 53(1)(c)(d) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 27(2); S. I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

F2 Word in s. 53(1)(g) substituted (N.I.) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 96, 111(3); S.R. 2011/224, art. 2

F3 S. 53(1)(j)(k) inserted (N.I.) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 96, 111(3); S.R. 2011/224, art. 2

F4 S. 53(1A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 27(3); S. I. 2006/1014, {art. 2(a), Sch. 1 para. 12(a)}

F5 Words in s. 53(2) substituted (15.10.2002) by 2002 c. 26, s. 17(2); S.R. 2002/319, art. 2, Sch.

F6 Words substituted by S.I. 1979/1573 (N.I. 12), art. 11(1), Sch. 4 para. 22 (a)

F7 Words substituted by virtue of S.I. 1979/1573 (N.I. 12), Sch. 4 para. 22(a) and Administration of Justice Act 1982 (c. 53, SIF 38), Sch. 8 para. 4

F8 S. 53(4) inserted (13.5.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), s. 28(4), Sch. para. 2

Modifications etc. (not altering text)

C1 S. 53(1)(f) transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 17 para. 6(b) (with arts. 28-31)

C2 S. 53(2) transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 17 para. 6(b) (with arts. 28-31)