Explanatory note

These Rules amend Order 32 of the County Court Rules (Northern Ireland) 1981 (“the principal Rules”) to prescribe the procedure relating to –

• applications to adduce evidence of bad character 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(1) inserts a new Rule 6NG, which prescribes the procedure to be followed on an application to:

• adduce evidence of the bad character of persons other than the appellant or to cross examine a witness with a view to eliciting such evidence (new Rules 6NG(1) and (2));

• oppose the admission of evidence of bad character of persons other than the appellant (new Rule 6NG(3));

• adduce evidence of an appellant’s bad character or to cross examine a witness with a view to eliciting such evidence (new Rules 6NG(4) and (5));

• exclude evidence of an appellant’s bad character (new Rule 6NG(6)).

New Rule 6NG(7) provides that the appellant 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 6NG(8)).

Rule 2(1) also inserts new Rule 6NH, which prescribes the procedure to be followed on an application to –

• adduce hearsay evidence (new Rules 6NH(1) to (3));

• oppose the admission of hearsay evidence (new Rule 6NH(4)).

New Rule 6NH(5) provides that a party may waive his entitlement to be served with any notice under new Rule 6NH.

New Rule 6NH(6) 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 6NH.

Rule 2(2) inserts a reference to the Criminal Justice (Evidence) (Northern Ireland) Order 2004 into the interpretation provisions in Order 32 of the principal Rules.

Rule 2(3) amends the Appendix I to the principal Rules by inserting new Forms 137N to 137S for use in connection with applications prescribed by these Rules.