Rule 149F [ Evidence by live link by witness (other than the defendant)

Northern Ireland

(1)

An application for a direction under Article 10 of the Criminal Justice (Northern Ireland) Order 2004 for a witness (other than the defendant) to give evidence through a live link shall be made by giving notice in Form 88I.

(2)

(a)

F1..., an application under paragraph (1) shall be made not less than 14 days before the day fixed for the commencement of the proceedings to which the application relates.

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 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 under paragraph (1) was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition giving reasons for it.

(5)

Except where notice is received in accordance with paragraph (4), the court may—

(a)

determine the application in favour of the applicant without a hearing; or

(b)

direct a hearing.

(6)

Where a party to the proceedings notifies the clerk of petty sessions in accordance with paragraph (4) of his opposition to the application, the clerk of petty sessions shall fix a date for the hearing of the application.

(7)

Where a hearing is to take place in accordance with paragraphs (5) or (6), the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing.

(8)

A party notified in accordance with paragraph (7) may be present at the hearing and be heard.

(9)

The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision of the court in Form 88J, and, where a direction is given, the notification shall state—

(a)

the place where the witness will give evidence;

(b)

where the witness is to give evidence on behalf of the prosecutor or where disclosure is required by section 6A(2) of the Criminal Procedure and Investigations Act 1996, the name of witness;

(c)

the location of the court at which the proceedings to which the application relates will be held; and

(d)

any conditions specified by the court in accordance with paragraph (10).

(10)

In determining an application under paragraph (1), the court may specify that as a condition of the direction, the witness should give evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the court may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence.

(11)

The court may, if it considers that it is in the interests of justice to do so—

(a)

allow a notice or application required under this rule to be given in a different form, or orally; or

(b)

abridge or extend the time for service of a notice or application required under this rule, either before or after that period expires.

Annotations

Textual amendments

F1: Words in rule 149F(2)(a) omitted (17.10.2022) by virtue of The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(14)(a) (with rule 2); S.R. 2022/221, art. 2(a)
F2: Rule 149F(2)(b) omitted (17.10.2022) by virtue of The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(14)(b) (with rule 2); S.R. 2022/221, art. 2(a)

Footnotes

f1: Rules 149F-149I inserted by S.R. 2008 No. 361 with effect from 02.02.09