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The Criminal Appeal (Amendment) (Northern Ireland) Rules 2009

S.R. 2009/210 · Made 21 May 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Supreme Court, Northern Ireland

Made 21st May 2009

Coming into operation 30th June 2009

To be laid before Parliament

The Northern Ireland Supreme Court Rules Committee makes the following Rules in exercise of the powers conferred by sections 55 and 55A of the Judicature (Northern Ireland) Act 1978f1 and Article 14 of the Criminal Justice (Northern Ireland) Order 2004f2.

Annotations to the whole text

Footnotes

f1

1978 c.23 to which the most recent relevant amendments were made by paragraphs 29 and 30 of Schedule 5 to the Constitutional Reform Act 2005 (c.4).

f2

S.I. 2004/1500 (N.I. 9).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Criminal Appeal (Northern Ireland) Rules 1968
  3. Signature
  4. Explanatory note

1Citation and commencement

These Rules may be cited as the Criminal Appeal (Amendment) (Northern Ireland) Rules 2009 and shall come into operation on 30th June 2009.

2Amendment of the Criminal Appeal (Northern Ireland) Rules 1968

The Schedule to the Criminal Appeal (Northern Ireland) Rules 1968f1 is amended as follows—

(1)

in Form 2, in Part 2, for “*Leave to be present at hearing”, substitute the words “*Leave to be present at hearing [through a live link]”;

(2)

in Form 6,

(i)

in the heading, after “Application for leave to be present”, insert “[through a live link]”; and

(ii)

in the body of the form, after “to be present”, insert “[through a live link]”;

(3)

in Form 7, after “Do you want a witness order?…”, insert “Do you seek a direction under Article 10 of the Criminal Justice (Northern Ireland) Order 2004 for the witness to give evidence through a live link?”;

(4)

in Form 14, after “to give evidence”, insert “[through a live link]”.

Signature

Brian Kerr

Patrick Coghlin

Declan Morgan

John Gillen

Tony Caher

Dated 13th May 2009

Signed by the authority of the Lord Chancellor

In exercise of the powers conferred by section 55A(3)of the Judicature (Northern Ireland) Act 1978, I allow these Rules

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

Dated 21st May 2009

Explanatory note

(This note is not part of the Rules)

These Rules amend the Criminal Appeal (Northern Ireland) Rules 1968 (S.R. 1968 No.218) (‘the principal Rules’) to take account of Part III of the Criminal Justice (Northern Ireland) Order 2004 (‘the 2004 Order’), and Article 83 of the Criminal Justice (Northern Ireland) Order 2008 (‘the 2008 Order’).

  • Part III of the 2004 Order provides for witnesses other than the defendant to give evidence in specified criminal proceedings through a live link.

  • Article 83 of the 2008 Order amends the Criminal Appeal (Northern Ireland) Act 1980 to enable the Court of Appeal to give a live link direction that the appellant is to attend proceedings, at which he is expected to be in custody but is entitled to be present, through a live link.

  • Rules 2(1) and 2(2) amend Form 2 and Form 6 of the principal Rules respectively to refer to the appellant’s presence by a live link;

  • Rule 2(3) amends Form 7 of the principal Rules by inserting a question to establish whether a live link direction is sought; and

  • Rule 2(4) amends Form 14 of the principal Rules to make reference to a witness’ attendance by live link.