Rule 6J [ Prohibition on cross-examination of particular witness

Northern Ireland

(1)

An application by the prosecutor for a direction under Article 24 of the 1999 Order in relation to any witness shall be made by giving notice in Form 137C to the chief clerk and at the same time the applicant shall serve a copy thereof on every other party to the appeal.

(2)

In his application the prosecutor shall state why, in his opinion–

(a)

the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the appellant in person;

(b)

the evidence would be improved if a direction were given under Article 24(2) of the 1999 Order; and

(c)

it would not be contrary to the interests of justice to give such a direction.

F1(3)

On receipt of the application, the chief clerk shall refer it—

(a)

to a judge; or

(b)

if the hearing of the appeal has started, to the judge hearing the appeal.

(4)

Where a copy of a notice under paragraph (1) is served on a party to the appeal more than 14 days before the date set for the hearing of the appeal, that party may, within 14 days, make observations in writing in relation to the application to the chief clerk and shall serve a copy of such observations on every other party to the appeal.

(5)

A party on whom a copy of a notice under paragraph (1) is served may notify the chief clerk and every other party to the appeal, in writing, of his opposition to the application and give reasons for it.

(6)

Those reasons shall be notified—

(a)

within 14 days of the date on which notice of the application was served on him, if that date is more than 14 days before the date set for the hearing of the appeal;

(b)

if the hearing of the appeal has begun, in accordance with any directions issued by [^f1 the judge] hearing the appeal; or

(c)

if neither sub-paragraph (a) nor sub-paragraph (b) apply, before the date set for the hearing of the appeal.

(7)

Where an application under paragraph (1) is made before the date set for the hearing of the appeal and the application—

(a)

is not contested by any party to the appeal, the court may determine the application without a hearing;

(b)

is contested by a party to the appeal, the court shall direct a hearing of the application.

(8)

Where the application is made after the hearing of the appeal has begun—

(a)

the application may be made orally; and

(b)

[ the judge] hearing the appeal may give such directions as he considers appropriate in order to deal with the application.

(9)

Where a hearing of the application is to take place, the chief clerk shall notify each party to the appeal of the time and place of the hearing.

(10)

A party notified in accordance with paragraph (9) may be present at the hearing and be heard.

(11)

The chief clerk shall, as soon as reasonably practicable after the determination of an application made under paragraph (1), notify all the parties to the appeal of the decision and the reasons for it.

(12)

A person making an oral application under paragraph (8)(a) shall—

(a)

give reasons why the application was not made before the hearing of the appeal commenced; and

(b)

provide the court with the information set out in paragraph (2).

Annotations

Textual amendments

F1: Order 32 rule 6J(3) substituted (31.10.2016) by The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(11)(f); S.R. 2016/387, art. 2

Rule 6J [ Prohibition on cross-examination of particular witness

Annotations

Textual amendments

Footnotes

Notes on Chapter [ PART IIA

Footnotes