Rule 6NA [ Application for reporting direction

Northern Ireland

(1)

An application by a party to an appeal arising out of criminal proceedings in a magistrates’ court for a reporting direction under section 46 of the 1999 Act in relation to a witness at that appeal may be made at any time after service of the notice of appeal by giving notice in Form 137J.

(2)

The notice under paragraph (1) shall be served on the chief clerk, and at the same time a copy thereof shall be served, by the applicant, on every other party to the appeal.

(3)

Any party who wishes to oppose the application shall, within 7 days of the date notice of the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition, giving reasons for it.

(4)

In order to comply with paragraph (3) a party shall state in the written notification whether he—

(a)

disputes that the witness is eligible for protection under section 46 of the 1999 Act; and

(b)

disputes that the granting of protection would be likely to improve the quality of evidence given by the witness or the level of co-operation given by the witness to any party to the proceedings in connection with the party’s preparation of its case.

Annotations

Footnotes

f1: Rules 6NA to 6NF inserted by S.R. 2004 No. 463 with effect from 29.11.04

Notes on Chapter [ PART IIA

Footnotes

f1: Part IIA inserted by S.R. 1994 No. 472 with effect from 01.01.95