{
  "url": "https://openlegislation.uk/crown-court-amendment-no-2-rules-northern-ireland-2003/note",
  "json_url": "https://openlegislation.uk/crown-court-amendment-no-2-rules-northern-ireland-2003/note.json",
  "legislation": "nisr/2003/279",
  "legislation_title": "The Crown Court (Amendment No. 2) Rules (Northern Ireland) 2003",
  "legislation_url": "https://openlegislation.uk/crown-court-amendment-no-2-rules-northern-ireland-2003",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Rules.)\nThese Rules amend the Crown Court Rules (Northern Ireland) 1979 (“the principal Rules”) to prescribe:\nthat, in applications for leave to present a voluntary bill of indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969, appearances before the judge may be in private; and\nthe procedure relating to applications under the Criminal Evidence (Northern Ireland) Order 1999 for a special measures direction in the case of witnesses who require assistance on the grounds of age; and\nthe procedure relating to applications under section 59 of the Criminal Justice and Police Act 2001 for the return of seized material and for directions as to the examination, retention, separation or return of seized property.\nRule 2(1) inserts a reference to the Criminal Evidence (Northern Ireland) Order 1999 into the interpretation provisions in the principal Rules.\nRule 2(2) amends rule 36(8)(a) of the principal Rules to provide that, in applications for leave to present a voluntary bill of indictment, appearances before the judge may take place in private.\nRule 2(3) amends rule 44B of the principal Rules by revoking paragraph (1)(b), and making some further minor consequential amendments.\nRule 2(4) inserts a new rule 44BA, which provides for an application for a special measures direction to be made in the form specified in the Schedule to the Rules. An application for a direction to give evidence by means of a live link or by means of a video recording of the witness’s testimony must also contain the additional information specified in Part 2 or Part 3 of the form.\nRule 2(5) substitutes a new rule 44C which provides for extending the time for making an application for a special measures direction.\nRule 2(6) inserts new rules 44CA – 44CF. New rule 44CA provides for late applications. New rule 44CB provides for an application to be made to vary or discharge a special measures direction which has already been made. New rule 44CC provides for renewal applications where a material change of circumstances has occurred since an application was refused.\nNew rule 44CD imposes additional requirements where the application relates to the giving of evidence by means of a live link.\nNew rule 44CE imposes additional requirements where the application relates to the admission of a video recording of an interview of the witness as evidence in chief of the witness.\nNew rule 44CF provides for the mutual disclosure between the parties of expert evidence to be adduced in connection with the application for the special measures direction.\nRule 2(7) makes a minor consequential amendment to the title of Part XI of the principal Rules.\nRule 2(8) inserts new rule 105 to provide the procedure for applications under section 59 of the Criminal Justice and Police Act 2001.\nRule 2(9) amends the Schedule to the principal Rules by substituting new Form 5 (Form of application for leave to use television link under Article 81(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989); Form 6 (Form of application for a special measures direction) and Form 7 (Notice of decision on an application for a special measures direction).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2003/279/note",
    "retrieved_at": "2026-10-29T02:02:29.231565+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}