# The Crown Court (Amendment No. 3) Rules (Northern Ireland) 2003, Note: Explanatory note


(This note is not part of the Rules.)
These Rules amend the Crown Court Rules (Northern Ireland) 1979 (“the principal Rules”) and contain provisions relating to Part II (Special measures directions in case of vulnerable and intimidated witnesses), Part III (Protection of witnesses from cross-examination by accused in person) and Part IV (Protection of complainants in proceedings for sexual offences) of the Criminal Evidence (Northern Ireland) Order 1999 (“the 1999 Order”).
Rule 2 revokes specified rules in the Crown Court (Amendment) Rules (Northern Ireland) 2000 and the Crown Court (Amendment) Rules (Northern Ireland) 2001. These rules, which have never been commenced, prescribed procedures to be followed on applications under certain Articles in Parts III and IV of the 1999 Order. Equivalent provision is now made by rule 3(6).
Rule 3(1) substitutes for existing rules 44B and 44BA of the principal Rules, a new rule 44B which sets out the procedure to be followed on an application for a special measures direction.
Paragraphs (2) to (5) of Rule 3 make a number of minor amendments to the principal Rules to take account of:
the extension of Part 2 of the 1999 Order to vulnerable and intimidated witnesses in the Crown Court; and
the substitution of a new rule 44B.
Rule 3(6) inserts new rules 44D to 44H into the principal Rules.
New rule 44D provides for an application by a prosecutor for a direction under Article 24 of the 1999 Order preventing a defendant from cross-examining a witness in person.
New rule 44E prescribes the time when, and the manner in which, a legal representative is to be appointed to act for the defendant for the purpose of cross-examining any witness whom the defendant is prevented from cross-examining in person by virtue of Article 22, 23 or 24 of the 1999 Order.
New rule 44F provides for the procedure to be followed when the Court appoints a qualified legal representative where the defendant fails to appoint a legal representative to act for him. New rule 44G details the procedures where the defendant subsequently arranges for a legal representative to act for him.
New rule 44H provides for the procedure to be followed on an application for leave under Article 28(2) of the 1999 Order, to introduce evidence or to ask questions in cross-examination about the sexual behaviour of the complainant, in criminal proceedings relating to a person charged with a sexual offence.
Rule 3(7) amends the Schedule to the principal Rules, by:
deleting Form 5;
substituting for Form 6, the new Form 6 in the Schedule to these Rules; and
making a minor amendment to the title of Form 7.

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Source: https://www.legislation.gov.uk/nisr/2003/471/note (the official version)
Page: https://openlegislation.uk/crown-court-amendment-no-3-rules-northern-ireland-2003/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.