# The Crown Court Rules (Northern Ireland) 1979, Rule 64: Raising of devolution issue on trial on indictment

Extent: N.I.

(1) Where the party to a trial on indictment proposes to raise a devolution issue, he shall lodge a notice in Form 8 with the chief clerk and serve it on each of the other parties to the proceedings setting out the facts and circumstances and points of law on the basis of which it is alleged that the devolution issues arises in sufficient details to enable the Court to determine whether such an issue arises in the proceedings.
(2) In paragraph (1) “a party to a trial on indictment” means the prosecutor or the defendant in proceedings in the Court whether before or after arraignment.
(3) Where a devolution issue has been raised in accordance with paragraph (1), the chief clerk shall as soon as practicable cause the matter to be drawn to the attention of the Court for the making of an order under paragraph 5 of Schedule 10 requiring notice of the devolution issue to be given to the Attorney General, the Attorney General for Northern Ireland and the appropriate Minister or department.
(4) If the Attorney General, the Attorney General for Northern Ireland or the appropriate Minister or department wishes to become a party to the proceedings so far as they relate to the devolution issue as mentioned in paragraph 6 of Schedule 10, he or it shall, within 7 days after receipt of the notice, or such longer period as the Court may direct, give notice in Form 9 to the chief clerk; and a copy of such notice shall be sent to each of the other parties.

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Source: https://www.legislation.gov.uk/nisr/1979/90/rule/64 (the official version)
Page: https://openlegislation.uk/crown-court-rules-northern-ireland-1979/rule-64
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.