Rule 149AN [ Application for reporting direction

Northern Ireland

(1)

An application by a party to any criminal proceedings for a reporting direction under section 46 of the 1999 Act in relation to a witness in those proceedings may be made at any time after the commencement of the proceedings by giving notice in Form 15M.

(2)

For the purpose of this Rule, Rule 149AO and Rule 149AP, proceedings commence on the date that the matter is first listed before a magistrates’ court.

(3)

The notice under paragraph (1) shall be served on the clerk of petty sessions, and at the same time a copy thereof shall be served, by the applicant, on every other party to the proceedings.

(4)

Any party who wishes to oppose the application shall, within 7 days of the date that notice of the application was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition giving reasons for it.

(5)

In order to comply with paragraph (4) a party shall state in the written notification whether he—

(a)

disputes that the witness is eligible for protection under section 46 of the 1999 Act; and

(b)

disputes that the granting of protection would be likely to improve the quality of evidence given by the witness or the level of co-operation given by the witness to any party to the proceedings in connection with the party’s preparation of its case.

Annotations

Footnotes

f1: Rules 149AN-149AQ inserted by S.R. 2004 No. 299 with effect from 26.07.04