# The Crown Court Rules (Northern Ireland) 1979, Rule 44AB: Trial by jury of sample counts only

Extent: N.I.

(1) An application under section 17 of the Domestic Violence, Crime and Victims Act 2004 (application by prosecution for certain counts to be tried without a jury) shall be made by giving notice in writing which shall be in Form 5B in the Schedule.
(2) The notice under paragraph (1) shall be accompanied by a copy of the indictment in Form 3A in the Schedule which it would be intended to present if the Court makes an order for the trial to take on the basis that the trial of some, but not all, of the counts included in the indictment may be conducted without a jury and 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 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 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 was given, or
(d) on which an order for retrial is made.
(3) 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.
(4) 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.
(5) A party notified in accordance with paragraph (4) may be present at the hearing and be heard.
(6) 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 5C in the Schedule.
(7) An application to the judge of the Crown Court for leave to appeal under section 18A(1) of the Domestic Violence, Crime and Victims Act 2004 shall be made orally within two clays of the making of the order or ruling to which it relates.
(8) 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.
(9) 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 the time for service of a notice required under this rule, either before or after that period expires.]

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Source: https://www.legislation.gov.uk/nisr/1979/90/rule/44AB (the official version)
Page: https://openlegislation.uk/crown-court-rules-northern-ireland-1979/rule-44AB
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.