Rule 44H Procedure for applications in proceedings for sexual offences
Northern Ireland
Subject to paragraph (10), an application under Article 28(2) of the 1999 Order for leave to adduce evidence of, or ask questions about, any sexual behaviour of a complaint shall be made by giving to the chief clerk notice in writing and shall—
be made within 28 days from the date—
of the committal of the defendant; or
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
on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given; or
on which an order for retrial is made; or
be accompanied by a full written explanation specifying the reasons why the application could not have been made within the specified period.
An application under paragraph (1) shall contain the following—
a summary of the evidence it is proposed to adduce and of the questions it is proposed to put to any witness;
a full explanation of the reasons why it is considered that the evidence and questions fall within Article 28(3) or (5) of the 1999 Order;
a summary of any document or other evidence to be submitted in support of such evidence and questions;
where it is proposed that a witness at the trial give evidence as to the complainant's sexual behaviour, the name and date of birth of any such witness.
A copy of the application under paragraph (1) shall be served, by the applicant, on every other party to the proceedings at the same time as it is served on the chief clerk.
The prosecutor shall notify the chief clerk and the other parties to the proceedings—
whether or not he opposes the application, giving reasons for any such position, and
whether or not he wishes to be represented at any hearing of the application,
and where the notice of application is received by the prosecutor more than 14 days before the date set for the trial to begin, the notification must be served by the prosecutor within 14 days of receipt.
Where a copy of the application is received by a party to the proceedings other than the prosecutor 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.
In considering any application under this rule, the Court may request a party to the proceedings to provide the Court with such information as it may specify and which the Court considers would assist in the determining the application.
Where the Court makes such a request, the person required to provide the information shall do so within 14 days of the Court making the request or by such time as the Court considered appropriate in the circumstances of the case.
An application under paragraph (1) shall be determined by a judge following a hearing.
The date and time of the hearing shall be—
determined by the chief clerk after taking into consideration—
any time which a party to the proceedings has been given to respond to a request for information; and
the date fixed for any other hearing relevant to the proceedings; and
notified by the chief clerk to all the parties to the proceedings.
An application under Article 28(2) of the 1999 Order may be made orally to the trial judge where the application is made after the trial has begun.
The person making the application under paragraph (10) shall—
give reasons why the applicant failed to make the application in accordance with paragraph (1); and
The chief clerk shall, as soon as reasonably practicable after the hearing of an application under paragraph (1), give notice of the decision of the judge to all the parties to the proceedings.".]