Rule 44S Application by the accused for live link direction
Northern Ireland
An application by the accused for a live link direction under Article 21A of the 1999 Order shall be made by giving notice in writing, which shall be in Form 7N.
The application under paragraph (1) 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
on which a plea of guilty was entered.
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.
Any party on whom a copy of the notice of the application under paragraph (1) is served may oppose the application for a live link direction, whether or not the question of whether the conditions set out in Article 21A(4) or (5) of the 1999 Order is in issue.
Any party who wishes to oppose the application shall, within 14 days of the date the 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.
In order to comply with paragraph (5), a party shall state in the written notification whether he disputes that—
the accused is eligible for a live link direction by virtue of Article 21A(4) or (5) of the 1999 Order; and
it is in the interests of justice for the accused to give evidence through a live link.
Except where notice is received in accordance with paragraph (5), the Court may—
determine the application in favour of the applicant without a hearing; or
direct a hearing.
Where a party to the proceedings notifies the chief clerk in accordance with paragraph (5) of his opposition to the application, the Court shall direct a hearing of the application.
Where a hearing of the application is to take place in accordance with paragraphs (7) or (8), the chief clerk shall notify each party to the proceedings of the time and place of the hearing.
A party notified in accordance with paragraph (9) may be present at the hearing and be heard.
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 7O.
The Court may, if it considers that it is in the interests of justice to do so—
allow a notice or application required under this Rule to be given in a different form, or orally; or
abridge or extend the time for service of a notice or application required under this Rule, either before or after that period expires.
Where a live link direction is made enabling the accused to give evidence by means of a live link, he shall be accompanied at the live link only by persons acceptable to a judge of the Crown Court.