Rule 14 Notice of evidence in appeals under the 1988 Order

Northern Ireland

(1)

Notice specifying any new matter in respect of which the appellant is to adduce evidence in accordance with Article 16(4)(b) of the 1988 Order shall be in Form 370 and shall be served on the Secretary of State not less than 7 days before the day on which the appeal is to be heard.

(2)

Where the Secretary of State intends at the hearing of the appeal to adduce evidence of any matter relevant to Article 5(9) or Article 6(1)(b) of the 1988 Order, such evidence shall not be admitted at the hearing of the appeal unless—

(a)

the Secretary of State, not less than 7 days before the day on which the appeal is to be heard, serves on the appellant written notice specifying particulars of that evidence, including a list of any convictions which he intends to adduce in evidence; or

(b)

the appellant consents to that evidence being adduced; or

(c)

the court gives leave for that evidence to be adduced.

Provided that where the Secretary of State fails to comply with the requirements of sub-paragraph (a) [^f1 the judge] may adjourn the appeal in order to allow the required notice to be served on the appellant and any costs occasioned by any such adjournment shall be in the discretion of [ the judge].

Rule 14 Notice of evidence in appeals under the 1988 Order

Annotations

Footnotes

Notes on Part [ ORDER 54

Footnotes