{
  "url": "https://openlegislation.uk/crown-court-rules-northern-ireland-1979/rule-44B",
  "json_url": "https://openlegislation.uk/crown-court-rules-northern-ireland-1979/rule-44B.json",
  "legislation": "nisr/1979/90",
  "legislation_title": "The Crown Court Rules (Northern Ireland) 1979",
  "legislation_url": "https://openlegislation.uk/crown-court-rules-northern-ireland-1979",
  "path": "rule/44B",
  "kind": "rule",
  "number": "44B",
  "heading": "[ Application for special measures directions",
  "text": "(1) An application for a special measures direction under Article 7 of the 1999 Order, shall be made by giving notice in writing, which shall be in Form 6 in the Schedule.\n(2) If the application is for a special measures direction—\n(a) enabling a witness to give evidence by means of a live link, the information sought in Part 2 of Form 6 shall be provided;\n(b) enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the information sought in Part 3 of Form 6 shall be provided;\n[(c renabling an examination of a witness to be conducted through an intermediary—\n(i) the information sought in Part 4 of Form 6; and\n(ii) any relevant report, including an intermediary's assessment,\nshall be provided.]\n(3) The application under paragraph (1) shall be made within 28 days from the date—\n(a) of the committal of the defendant; or\n(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\n(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\n(d) on which an order for retrial is made.\n(4) The notice under paragraph (1) shall be served on the chief clerk, and at the same time a copy thereof shall be served, by the applicant, on every other party to the proceedings.\n(5) Any party on whom a copy of a notice of the application under paragraph (1) is served may oppose the application for a special measures direction in respect of any measure available in relation to the witness, whether or not the question of whether the witness is eligible for assistance by virtue of Article 4 or 5 of the 1999 Order is in issue.\n(6) Any party who wishes to oppose the application shall, within 14 days of the date of notice of the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it.\n(7) In order to comply with paragraph (6)—\n(a) a party shall state in the written notification whether he—\n(i) disputes that the witness is eligible for assistance by virtue of Article 4 or 5 of the 1999 Order;\n(ii) disputes that any of the special measures available would be likely to improve the quality of evidence given by the witness or that such measures (or a combination of them) would be likely to maximise the quality of that evidence; and\n(iii) opposes the granting of a special measures direction; and\n(b) where the application relates to the admission of a copy of a video recording, a party who receives a recording shall provide the information required by rule 44CE(5).\n(8) Except where notice is received in accordance with paragraph (6), the Court may—\n(a) determine the application in favour of the applicant without a hearing; or\n(b) direct a hearing.\n(9) Where a party to the proceedings notifies the chief clerk in accordance with paragraph (6) of his opposition to the application, the Court shall direct a hearing of the application.\n(10) Where a hearing of the application is to take place in accordance with paragraphs (8) or (9), the chief clerk shall notify each party to the proceedings of the time and place of the hearing.\n(11) A party notified in accordance with paragraph (10) may be present at the hearing and be heard.\n(12) 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 7 in the Schedule, and if the application was made for a direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of that witness, the notification shall state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence].",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Paragraph inserted by S.R. 2013 No. 82 with effect from 11.05.13"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Inserted by S.R. 2003 No. 471 with effect from 01.12.03"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1979/90/rule/44B",
    "retrieved_at": "2026-10-29T04:01:57.370490+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}