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The Crown Court Rules (Northern Ireland) 1979

S.R. 1979/90 · Made 22 March 1979 · Extends to Northern Ireland

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 17 May 2023.

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rule 44E-44GinsertedCrown Court 2001 rule 2(a)

CROWN COURT

Made 22nd March 1979

Coming into operation 18th April 1979

We, the Crown Court Rules Committee, in exercise of the powers conferred upon us by sections 48(5), 51(5) and 51(1) of the Judicature (Northern Ireland) Act 1978f1 and section 7 of the Costs in Criminal Cases Act (Northern Ireland) 1968f2, hereby with the concurrence of the Lord Chancellor make the following Rules:

Annotations to the whole text

Footnotes

f1

1978 c. 23

f2

1968 c. 10 (N.I.)

Contents

  1. Part 1: INTRODUCTION
  2. 1Citation and Commencement
  3. 2Interpretation
  4. Part II: COSTS BETWEEN PARTIES IN CROWN COURT
  5. 3Taxation of costs
  6. 4Review by Taxing Master
  7. 5Appeal to the High Court Judge
  8. 6Supplementary provisions
  9. Part III: BAIL
  10. 7Interpretation
  11. 8Applications in relation to bail
  12. 9Admission to bail
  13. 10Security instead of recognizances
  14. 11Persons to take recognizances
  15. 12Manner in which recognizance is to be entered into
  16. 13Estreat of recognizance
  17. 14Forfeiture of security
  18. 15Procedure for estreat or forfeiture
  19. 16Recommittal
  20. 17Variation of order admitting to bail
  21. 18Postponement of taking recognizances
  22. Part IV: INDICTMENTS
  23. 19Material, etc, for indictments
  24. 20[Form of an indictment
  25. 21Joining of charges in one indictment
  26. 22Mode in which offences are to be charged
  27. 23Provisions as to statutory offences
  28. 24Description of property
  29. 25Description of person
  30. 26Description of document
  31. 27General rule as to description
  32. 28Statement of intent
  33. 29Averment of previous conviction
  34. 30Saving for section 33(3) of the Children and Young Persons Act (Northern Ireland) 1968
  35. 31Presentment of an indictment
  36. 32Time for presentment
  37. 33Substitution or amendment of an indictment
  38. 34Procedure on application under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969
  39. 35Procedure on application under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969
  40. 36Procedure on application under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969
  41. 36AProcedure on application under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969
  42. 37Procedure on application under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969
  43. 38Duty to furnish copy of indictment
  44. Part V: REFERENCES TO THE EUROPEAN COURT Repealed
  45. 39Interpretation Repealed
  46. 40Orders of the Court Repealed
  47. 41Transmission of the order to the European Court Repealed
  48. 42Adjournment pending ruling Repealed
  49. Part VI: MISCELLANEOUS
  50. 43Special directions pursuant to section 47(2)
  51. 44Time limits for beginning of trials
  52. 44A[ Hearings in Camera
  53. 44AA[ Trial without jury where danger of jury tampering
  54. 44ABTrial by jury of sample counts only
  55. 44B[ Application for special measures directions
  56. 44C[ Application for an extension of time
  57. 44CA[ Late Applications
  58. 44CBDischarge or variation of a special measures direction
  59. 44CBA[ Application to disapply or disapply in part the primary rule
  60. 44CCRenewal application following a material change of circumstances
  61. 44CDApplication for a special measures direction for witness to give evidence by means of a live link
  62. 44CEVideo recording of testimony from witnesses
  63. 44CFExpert Evidence
  64. 44D[ Prohibition on cross-examination of particular witness
  65. 44ERestrictions on cross-examination of witness by the accused person
  66. 44FAppointment by the Court
  67. 44GAppointment arranged by the defendant
  68. 44HProcedure for applications in proceedings for sexual offences
  69. 44I[ Application for reporting direction
  70. 44JApplication for excepting direction
  71. 44KVariation or revocation
  72. 44LHearings
  73. 44MHearings in camera
  74. 44N[ Procedure for the admission of evidence of bad character
  75. 44OProcedure for the admission of hearsay evidence
  76. 44P[ Evidence by live link where witness is outside the United Kingdom
  77. 44Q[ Evidence by live link by witness (other than the defendant)
  78. 44RApplication for rescission of a direction
  79. 44SApplication by the accused for live link direction
  80. 44TDischarge of live link direction
  81. 44U[ Application by the accused for a direction allowing the examination of the accused through an intermediary
  82. 44VDischarge or variation of a direction allowing the examination of accused by an intermediary
  83. 44WDeclaration by an intermediary acting for either a witness or an accused
  84. 45Variation or rescission of sentence or order under section 49
  85. 46[ Manner of application where no other procedure specified
  86. 47Service of documents
  87. 47A[ Excusing of jurors
  88. 47B[ Assistance with communication for a defendant who does not speak English or who has a hearing or speech impediment.]
  89. 49Annulment of Indictments Rules (Northern Ireland) 1977
  90. 50Repeal
  91. Part [PART VII: APPLICATIONS UNDER THE PROCEEDS OF CRIME (NORTHERN IRELAND) ORDER 1996
  92. 51Interpretation
  93. 52Statements, etc in connection with the making of confiscation orders under the 1996 Order
  94. 53Application for increase in term of imprisonment in default of payment
  95. 54Investigations - discharge and variation of order
  96. 54APostponement of confiscation orders
  97. 54BConfiscation - revised assessments
  98. 54CCompensation where absconder is acquitted
  99. Part [PART VIII: APPLICATIONS UNDER THE CRIME (INTERNATIONAL CO-OPERATION) ACT 2003
  100. 55Interpretation
  101. 56Notice required to accompany process served outside the United Kingdom
  102. 57Proof of service outside the United Kingdom
  103. 58Notice of application for request for assistance
  104. 58ANotice of application for a domestic freezing order Repealed
  105. 58BVariation or revocation of a domestic freezing order Repealed
  106. 59Proceedings before a nominated court
  107. 60Record of proceedings before a nominated court
  108. 60AConsideration of an overseas freezing order Repealed
  109. 60BRelease of evidence subject to an overseas freezing order Repealed
  110. 61Interpreter for the purposes of proceedings involving a television ... or telephone link
  111. 62Record of television link before a nominated court
  112. 62ARecord of telephone link before a nominated court
  113. 62BRestriction on access to records kept under rules 60, 62, and 62A
  114. Part VIIIA: APPLICATIONS UNDER THE CRIMINAL JUSTICE (EUROPEAN INVESTIGATION ORDER) REGULATIONS 2017
  115. 62CInterpretation Repealed
  116. 62DApplication for European investigation order Repealed
  117. 62EVariation or revocation of a European investigation order Repealed
  118. 62FProceedings before a nominated court Repealed
  119. 62GRecord of proceedings before a court nominated to receive evidence Repealed
  120. 62HInterpreter for the purposes of proceedings involving a videoconference or other audiovisual transmission or telephone conference Repealed
  121. 62IRecord of videoconference or other audiovisual transmission before a nominated court Repealed
  122. 62JRecord of telephone conference before a nominated court Repealed
  123. 62KConsideration of European investigation order requiring a search warrant, production order, customer information order or account monitoring order Repealed
  124. 62LApplication to vary or revoke a search warrant or other order issued to give effect to a European investigation order or to authorise the release of evidence seized or produced Repealed
  125. 62MRestriction on access to records Repealed
  126. Part VIIIB: APPLICATIONS FOR ORDERS FOR ACCESS TO ELECTRONIC DATA UNDER THE CRIME (OVERSEAS PRODUCTION ORDERS) ACT 2019
  127. 62NInterpretation
  128. 62OApplication for an overseas production order
  129. 62PVariation or revocation of an overseas production order
  130. 62QConsideration of an overseas production order
  131. 62RApplication containing information withheld from a respondent or other person
  132. Part [PART IX: DEVOLUTION ISSUES UNDER SCHEDULE 10 TO THE NORTHERN IRELAND ACT 1998
  133. 63Interpretation
  134. 64Raising of devolution issue on trial on indictment
  135. 65Reference of devolution issue to Court of Appeal
  136. 66Reference of devolution issue to Judicial Committee
  137. 67Adjournment of proceedings pending reference of devolution issue
  138. 68Procedure on receipt of determination of devolution issue
  139. Part [PART X: WITNESS SUMMONSES
  140. 69Interpretation
  141. 70Application for witness summons
  142. 71Application that summons be no further effect
  143. 72Application to make summons issues on application ineffective
  144. 73Application to make summons issued of court's own motion ineffective
  145. Part [PART XI: APPLICATIONS UNDER SCHEDULE 6A TO THE TERRORISM ACT 2000, [THE CRIMINAL JUSTICE AND POLICE ACT 2001] AND THE PROCEEDS OF CRIME ACT 2002
  146. 74Interpretation
  147. 76Time for payment
  148. 76A[ Application for compliance order
  149. 76BApplication for discharge or variation of a compliance order
  150. 77Postponement
  151. 78Statements in connection with the making of confiscation orders
  152. 79Statements in connection with the making of confiscation orders
  153. 80Statements in connection with the making of confiscation orders
  154. 81Reconsideration of case or benefit
  155. 82Reconsideration of available amount
  156. 83Variation: inadequacy of available amount
  157. 84Discharge
  158. 85Application to proceed where defendant absconds
  159. 86Application for variation of confiscation order made against absconder
  160. 87Application for discharge of confiscation order made against absconder
  161. 88Application for increase in term of imprisonment
  162. 89Compensation
  163. 90Compensation
  164. 91Appointment of a receiver
  165. 92Application for conferment of powers
  166. 93Application for leave
  167. 94Application for discharge or variation and applications for other orders
  168. 95Sums in the hands of receivers
  169. 96Security
  170. 97Remuneration
  171. 98Accounts
  172. 99Default by receiver
  173. 100Production orders: discharge and variation
  174. 101Disclosure orders: discharge and variation
  175. 102Customer information orders and account monitoring orders: discharge and variation
  176. 103Application for letter of request
  177. 104Sending a letter of request
  178. 105[ Criminal Justice and Police Act 2001
  179. Signature
  180. Schedule 1Schedule 1
  181. Explanatory note