{
  "url": "https://openlegislation.uk/crown-court-rules-northern-ireland-1979/rule-44D",
  "json_url": "https://openlegislation.uk/crown-court-rules-northern-ireland-1979/rule-44D.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/44D",
  "kind": "rule",
  "number": "44D",
  "heading": "[ Prohibition on cross-examination of particular witness",
  "text": "(1) An application by the prosecutor for a direction under Article 24 of the 1999 Order in relation to any witness shall be made by giving notice in writing to the chief clerk and at the same time the applicant shall serve a copy thereof on every other party to the proceedings.\n(2) In an application under paragraph (1), the prosecutor shall state why, in his opinion—\n(a) the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the defendant in person;\n(b) the evidence would be improved if a direction were given Article 24(2) of the 1999 Order; and\n(3) On receipt of the application, the chief clerk shall refer it—\n(a) if the trial has started, to the trial judge;\n(b) if the trial has not started when the application is received—\n(i) to the judge who has been designated to conduct the trial; or\n(ii) if no judge has been designated for that purpose, to such judge as may be designated for the purposes of hearing that application.\n(4) Where a copy of a notice under paragraph (1) is served on a party to the proceedings more than 14 days before the date set for the trial to begin, that party may, within 14 days, make observations in writing in relation to the application to the chief clerk and shall serve a copy of such observations on every other party to the proceedings.\n(5) A party on whom a copy of a notice is served in accordance with paragraph (1) may notify the chief clerk and every other party to the proceedings, in writing, of his opposition to the application and give reasons for it.\n(6) Those reasons shall be notified—\n(a) within 14 days of the date the notice of application was served on him, if that date is more than 14 days before the date set for the trial to begin;\n(b) if the trial has begun, in accordance with any directions issued by the trial judge; or\n(c) if neither sub-paragraph (1) nor sub-paragraph (b) apply, before the date set for the trial to begin.\n(7) Where the application made in accordance with paragraph (1) is made before the date set for the trial to begin and the application—\n(a) is not contested by any party to the proceedings, the Court may determine the application without a hearing;\n(b) is contested by a party to the proceedings, the Court shall direct a hearing of the application.\n(8) Where the application is made after the trial has begun—\n(a) the application may be made orally; and\n(b) the trial judge may give such directions as he considers appropriate to deal with the application.\n(9) Where a hearing of the application is to take place, the chief clerk shall notify each party to the proceedings of the time and place of the hearing.\n(10) A party notified in accordance with paragraph (9) may be present at the hearing and be heard.\n(11) The chief clerk shall, as soon as reasonably practicable after the determination of an application made in accordance with paragraph (1), notify all the parties to the proceedings of the decision and the reasons for it.\n(12) A person making an oral application under paragraph (8)(a) shall—\n(a) give reasons why the application was not made before the trial commenced; and\n(b) provide the Court with the information set out in paragraph (2).",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Rules 44D to 44H substituted 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/44D",
    "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."
}