Rule 44AA [ Trial without jury where danger of jury tampering

Northern Ireland

(1)

An application by the prosecution for a trial to be conducted without a jury under section 44 of the Criminal Justice Act 2003 (danger of jury tampering) shall be made by giving notice in writing which shall be in Form 5 in the Schedule.

(2)

The notice under paragraph (1) shall be served on the chief clerk and every other party to the proceedings within 28 days from the date—

(a)

of the committal of the defendant; or

(b)

on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988^f1 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995^f2 was given; or

(c)

on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969^f3 was given, or

(d)

on which an order for retrial is made.

(3)

Where the grounds for making an application under paragraph (1) do not arise until after the expiry of the time limit specified above, the prosecution shall make the application as soon as reasonably practicable.

(4)

Any party who wishes to oppose the application under paragraph (1) shall, within 14 days of the date that notice of the application was served on him, notify the chief clerk and every other party to the proceedings, in writing, of his opposition giving reasons for it.

(5)

An application under paragraph (1) shall be determined by a judge at a hearing on or after the arraignment of the accused and the chief clerk shall notify the parties of the time and place of any such hearing.

(6)

A party notified in accordance with paragraph (5) may be present at the hearing and be heard.

(7)

The chief clerk shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 5A in the Schedule.

(8)

An application to the judge of the Crown Court for leave to appeal under section 47(1) of the Criminal Justice Act 2003 shall be made orally within two days of the making of the order or ruling to which it relates.

(9)

Unless the application is made on the occasion of the order or ruling to which it relates, the appellant shall serve notice in writing thereof, specifying the grounds of the application on the chief clerk and on every other party to the proceedings directly affected by the order or ruling which is the subject of the application for leave to appeal.

(10)

The Court may, if it considers that it is in the interests of justice to do so—

(a)

allow a notice required under this rule to be given in a different form, or orally; or

(b)

extend or abridge the time for service of a notice required under this rule, either before or after that period expires.

Annotations

Footnotes

f1: S.I. 1988/1846 (N.I. 16)
f2: S.I. 1995/757 (N.I. 3)
f3: 1969 c. 15 (N.I.)
f4: Rules 44AA and 44AB inserted by S.R. 2006 No. 499 with effect from 08.01.07