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The Crown Court (Amendment) Rules (Northern Ireland) 1999

S.R. 1999/134 · Made 17 March 1999

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

CROWN COURT

Made 17th March 1999

To be laid before Parliament

Coming into operation 16th August 1999

We, the Crown Court Rules Committee, in exercise of the powers conferred upon us by section 52(1) of the Judicature (Northern Ireland) Act 1978f1, Articles 10(7) and 11(3) of the Juries (Northern Ireland) Order 1996f2 and of all other powers enabling us in that behalf, hereby with the concurrence of the Lord Chancellor makes the following Rules:—

Annotations to the whole text

Footnotes

f1

1978 c. 23

f2

S.I. 1996/1141 (N.I. 6)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Excusing of jurors
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretation

These Rules may be cited as the Crown Court (Amendment) Rules (Northern Ireland) 1999 and shall come into operation on 16th August 1999.

2Excusing of jurors

After rule 47 of the Crown Court Rules (Northern Ireland) 1979f1 there shall be inserted the following new rule—

“Excusing of jurors

47A
(1)

Subject to paragraphs (2) to (4) the powers of a judge under Article 10 and 11(1) of the 1996 Order may be exercised by the Juries Officer.

(2)

A person dissatisfied with a decision of a Juries Officer made under Article 10 or 11(1) of the 1996 Order and this rule may appeal to a judge in accordance with paragraph (3).

(3)

An appeal under this rule shall be commenced by the appellant giving notice of appeal to the Juries Officer and such notice shall be in writing and shall specify the matters upon which the appellant relies in support of his appeal.

(4)

A judge shall not dismiss an appeal under this rule unless the appellant has been given an opportunity of making representations.

(5)

Where an appeal under this rule is decided in the absence of the appellant, the Juries Officer shall notify him of the decision without delay.

(6)

In this rule—

  • “county court division” means a county court division specified under Article 3(1) of the County Courts (Northern Ireland) Order 1980f2;

  • “Juries Officer” means the Juries Officer designated under Article 2(2) of the 1996 Order for the county court division in which the person is summoned for jury service under Article 8 of the 1996 Order;

  • “the 1996 Order” means the Juries (Northern Ireland) Order 1996.”.

Signature

R. D. Carswell

John K. Pringle

A. R. Hart

J. O. Brady

R. Appleton

B. McGrory

J. W. Wilson

Patrick Lynch

Dated 4th March 1999

I concur

Irvine of Lairg, C.

Dated 17th March 1999

Explanatory note

(This note is not part of the Rules.)

These Rules amend the Crown Court Rules (Northern Ireland) 1979 to provide for the Juries Officer to exercise the powers of a judge under Articles 10 and 11(1) of the Juries (Northern Ireland) Order 1996 to discharge a jury summons, excuse persons summoned from jury service or to defer such service. The Rules also provide for a right of appeal to a judge against refusal by the Juries Officer of an application for excusal or deferral of such service.