Rule 44O Procedure for the admission of hearsay evidence
Northern Ireland
This rule shall apply where a party wishes to adduce evidence on one or more of the grounds set out in Article 18(1)(a) to (d) of the 2004 Order and in this rule, such evidence is referred to as “hearsay evidence”.
A prosecutor who wants to adduce hearsay evidence shall give notice in writing which shall be in Form 7H in the Schedule.
Notice under paragraph (2) shall be served on the chief clerk and every other party to the proceedings within 14 days from the date of—
the committal of the defendant;
the grant of leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969f3; or
the making of an order for retrial.
A defendant who wants to adduce hearsay evidence shall give notice in writing which shall be in Form 7H in the Schedule.
Notice under paragraph (4) shall be served on the chief clerk and every other party to the proceedings within 14 days from the date on which the prosecutor has complied with or purported to comply with section 3 of the Criminal procedure and Investigations Act 1996 (disclosure by prosecutor).
Any party who wishes to oppose the application under paragraph (2) or (4) shall, within 14 days of the date the notice of the application was served on him, notify the chief clerk and every other party to the proceedings, in writing in Form 7I in the Schedule, of his opposition.
A party who is entitled to have notice served on him under this rule may waive his entitlement by so informing the Court and the party who would have served the notice.
The Court may, if it considers that it is in the interests of justice to do so,—
dispense with the requirement to give notice of intention to adduce hearsay evidence;
allow notice required under this rule to be given in a different form, or orally; or
abridge or extend the time for service of a notice required under this rule, either before or after that period expires.]