Rule 44P [ Evidence by live link where witness is outside the United Kingdom

Northern Ireland

(1)

An application for leave under Article 80A(3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 for a witness (other than the accused) who is outside the United Kingdom to give evidence through a live link shall be made by giving notice in writing which shall be in Form 7J in the Schedule.

(2)

The notice under paragraph (1) 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^f1 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995^f2 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^f3 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 on which 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)

Except where notice is received in accordance with paragraph (3), the Court may—

(a)

determine the application in favour of the applicant without a hearing; or

(b)

direct a hearing.

(5)

Where a party to the proceedings notifies the chief clerk in accordance with paragraph (3) of his opposition to the application, the Court shall direct a hearing of the application.

(6)

Where a hearing is to take place in accordance with paragraphs (4) or (5), the chief clerk shall notify each party to the proceedings of the time and place of the hearing.

(7)

A party notified in accordance with paragraph (6) may be present at the hearing and be heard.

(8)

The chief clerk shall, as soon as reasonably practicable after determination of an application under paragraph (1), notify all parties of the decision of the court in Form 7K and, where leave is granted, the notification shall state—

(a)

the country in which the witness will give evidence;

(b)

if known, the place where the witness will give evidence;

(c)

where the witness is to give evidence on behalf of the prosecutor or where the disclosure is required by section 5(7) of the Criminal Procedure and Investigations Act 1996^f4 (alibi), the name of the witness;

(d)

the location of the Court at which the trial will be held; and

(e)

any conditions specified by the Court in accordance with paragraph (9).

(9)

In determining an application under paragraph (1), the Court may specify that as a condition of the grant of leave the witness should give evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the Court may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence.

(10)

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)

abridge or extend the time for service of a notice required under this rule, either before or after that period expires.]

Annotations

Footnotes

f1: S.I. 1988/1846 (N.I. 16)
f2: S.I. 1995/757 (N.I. 3)
f3: 1969 c. 15 (N.I.)
f4: 1996 c. 25
f5: Rule 44P inserted by S.R. 2006 No. 449 with effect from 08.01.07