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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules.)

These Rules amend the Criminal Appeal (Northern Ireland) Rules 1968 (“the principal Rules”) to –

  • prescribe the procedure relating to applications to adduce bad character evidence under Part II of the Criminal Justice (Evidence) (Northern Ireland) Order 2004;

  • prescribe the procedure relating to the giving of notice of intention to adduce hearsay evidence under Part III of that Order; and

  • take account of a number of amendments made to the Criminal Appeal (Northern Ireland) Act 1980 by the Courts Act 2003.

Rule 2(2)(a) amends rule 7 of the principal Rules to provide that an application for an order requiring a witness to attend for examination or for evidence to be received by the Court need not be submitted where the appellant has made an application under rule 7A or 7B in respect of that witness or evidence.

Rule 2(2)(b), (4) and (6) delete references in the principal Rules to “sentence of death” and “capital cases”.

Rule 2(3) inserts a new rule 7A, 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 7A(1) and (2));

  • oppose the admission of evidence the bad character of persons other than the appellant (new rule 7A(3));

  • adduce evidence of an appellant’s bad character or to cross examine a witness with a view to eliciting such evidence (new rules 7A(4) and (5));

  • exclude evidence of an appellant’s bad character (new rule 7A(6)).

New rule 7A(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 7A(8))

Rule 2(3) also inserts a new rule 7B, which prescribes the procedure to be followed on an application to –

  • adduce hearsay evidence (new rules 7B(1) to (5));

  • oppose the admission of hearsay evidence (new rule 7B(6)).

New rule 7B(7) provides that a party may waive his entitlement to be served with any notice under new rule 7B.

New rule 7B(8) 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 7B.

Rule 2(5) amends rule 32 of the principal Rules in consequence of section 105 of the Court Act 2005 which –

  • extends the time limit, from 14 days to 28 days, within which an application for leave to appeal from a decision of the Court of Appeal may be made to the House of Lords; and

  • provides that the time limit runs either from the date of the decision of the Court or the date on which it gives reasons, whichever is the later.

Rule 2(7) amends the Schedule to the principal Rules by inserting new Forms 7A to 7E for use in connection with applications prescribed by these Rules. It also makes a number of minor amendments to existing Forms to take account of these Rules.