{
  "url": "https://openlegislation.uk/crown-court-rules-northern-ireland-1979/rule-44Q",
  "json_url": "https://openlegislation.uk/crown-court-rules-northern-ireland-1979/rule-44Q.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/44Q",
  "kind": "rule",
  "number": "44Q",
  "heading": "[ Evidence by live link by witness (other than the defendant)",
  "text": "(1) An application for a direction under Article 10 of the Criminal Justice (Northern Ireland) Order 2004 for a witness (other than the defendant) to give evidence through a live link shall be made by giving notice in writing which shall be in Form 7L.\n(2) 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; or\n(e) on which a plea of guilty was entered.\n(3) The notice under paragraph (1) shall be served on the chief clerk and at the same time a copy thereof shall be served on every other party to the proceedings.\n(4) Any party who wishes to oppose the application shall, within 14 days of the date that notice under paragraph (1) was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it.\n(5) Except where notice is received in accordance with paragraph (4), the Court may—\n(a) determine the application in favour of the applicant without a hearing; or\n(b) direct a hearing.\n(6) Where a party to the proceedings notifies the chief clerk in accordance with paragraph (4) of his opposition to the application, the Court shall direct a hearing of the application.\n(7) Where a hearing is to take place in accordance with paragraphs (5) or (6), the chief clerk shall notify each party to the proceedings of the time and place of the hearing.\n(8) A party notified in accordance with paragraph (7) may be present at the hearing and be heard.\n(9) 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 7M in the Schedule, and, where a direction is given, the notification shall state—\n(a) if known, the place where the witness will give evidence;\n(b) where the witness is to give evidence on behalf of the prosecutor or where disclosure is required by section 6A(2) of the Criminal Procedure and Investigations Act 1996, the name of witness;\n(c) the location of the Court at which the proceedings will be held; and\n(d) any conditions specified by the Court in accordance with paragraph (10).\n(10) In determining an application under paragraph (1), the Court may specify that as a condition of the direction, 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.\n(11) The Court may, if it considers that it is in the interests of justice to do so—\n(a) allow a notice or application required under this Rule to be given in a different form, or orally; or\n(b) abridge or extend the time for service of a notice or application required under this Rule, either before or after that period expires.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1998/1846 (N.I. 16)"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 1995/757 (N.I. 13)"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1969 c. 15 (N.I.)"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Rules 44Q to 44T inserted by S.R. 2008 No. 505"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1979/90/rule/44Q",
    "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."
}