Rule 149AI [“Prohibition on cross-examination of particular witness
Northern Ireland
An application by the prosecutor for a direction under Article 24 of the 1999 Order in relation to any witness shall be made by giving notice in Form 15D to the clerk of petty sessions and at the same time the applicant shall serve a copy thereof on every other party to the proceedings.
In an application under paragraph (1), the prosecutor shall state why, in his opinion –
the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the defendant in person;
the evidence would be improved if a direction were given under Article 24(2) of the 1999 Order; and
it would not be contrary to the interests of justice to give such a direction.
On receipt of the application, the clerk of petty sessions shall refer it –
if the proceedings to which the application relates have commenced, to the resident magistrate hearing those proceedings;
if the proceedings to which the application relates have not commenced when the application is received, to a resident magistrate F1....
Where a copy of a notice under paragraph (1) is served on a party to the proceedings more than 14 days before the date set for the commencement of the proceedings to which the application relates, that party may, within 14 days, make observations in writing in relation to the application to the clerk of petty sessions and shall serve a copy of such observations on every other party to the proceedings.
A party on whom a copy of the notice is served in accordance with paragraph (1) may notify the clerk of petty sessions and every other party to the proceedings, in writing, of his opposition to the application and give reasons for it.
Those reasons shall be notified –
within 14 days of the date a copy of the notice was served on him, if that date is more than 14 days before the date set for commencement of the proceedings to which the application relates;
if the proceedings to which the application relates have commenced, in accordance with any directions issued by the resident magistrate hearing those proceedings; or
if neither sub-paragraph (a) nor sub-paragraph (b) apply, before the date set for the commencement of the proceedings to which the application relates.
Where the application made in accordance with paragraph (1) is made before the date set for the commencement of the proceedings to which the application relates and the application –
is not contested by any party to the proceedings, the court may determine the application without a hearing;
is contested by a party to the proceedings, the court shall direct a hearing of the application.
Where the application is made after the commencement of the proceedings to which the application relates –
the application may be made orally; and
the resident magistrate hearing those proceedings may give such directions as he considers appropriate in order to deal with the application.
Where a hearing of the application is to take place, the clerk of petty sessions 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 clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application made in accordance with paragraph (1), notify all the parties to the proceedings of the decision and the reasons for it.
A person making an oral application under paragraph (8)(a) shall –
give reasons why the application was not made before the commencement of the proceedings to which the application relates; and
provide the court with the information set out in paragraph (2).
Annotations
Textual amendments
- F1
Words in rule 149AI(3)(b) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 2016 (S.R. 2016/304), rules 1, 3(33); S.R. 2016/387, art. 2(a)
Footnotes
- f1
-
New Rules 149AI-149AM inserted by S.R. 2003 No. 477 with effect from 1.12.03