{
  "url": "https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/rule-149AJ",
  "json_url": "https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/rule-149AJ.json",
  "legislation": "nisr/1984/225",
  "legislation_title": "Magistrates’ Courts Rules (Northern Ireland) 1984",
  "legislation_url": "https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984",
  "path": "rule/149AJ",
  "kind": "rule",
  "number": "149AJ",
  "heading": "Restrictions on cross-examination of witness by the accused person",
  "text": "(1) This Rule and Rules 149AK and 149AL apply where a defendant is prevented from cross-examining a witness in person by virtue of Article 22, 23 or 24 of the 1999 Order.\n(2) The court shall as early in the proceedings as is reasonably practicable –\n(a) explain to the defendant that he is prevented from cross-examining a witness in person; and\n(b) invite him to arrange for a legal representative to act for him for the purpose of cross-examining the witness.\n(3) The defendant shall within 7 days of the court giving its explanation, or within such other period as the court may in any particular case allow, give notice to the clerk of petty sessions in Form 15E or otherwise in writing as to whether or not he has arranged for a legal representative to act on his behalf.\n(4) Where the defendant has arranged for a legal representative to act for him, the notice under paragraph (3) shall include details of the name and address of the representative.\n(5) The clerk of petty sessions shall notify all other parties to the proceedings of the name and address of any person appointed by the defendant to act on his behalf.\n(6) Where the court gives its explanation under paragraph (2) to the defendant –\n(a) within 7 days of the date set for the commencement of any hearing at which a witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies may be cross-examined, or\n(b) after such a hearing has commenced,\nthe period of 7 days within which the defendant is required to give notice under paragraph (3) shall be reduced in accordance with any direction issued by the court.\n(7) Where at the end of the period of 7 days or such other period as the court has allowed, the court has not received notice from the defendant under paragraph (3), it may grant the defendant an extension of time, whether of its own motion or on the application of the defendant.\n(8) Before granting an extension of time, the court may direct a hearing at which all parties to the proceedings may attend and be heard.\n(9) Any extension of time shall be for such period as the court considers appropriate in the circumstances of the case.\n(10) The decision of the court as to whether or not to grant the defendant an extension of time shall be notified to all parties to the proceedings by the clerk of petty sessions in Form 15F.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1984/225/rule/149AJ",
    "retrieved_at": "2026-10-29T03:32:12.928261+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."
}