Rule 52I Record of proceedings before a nominated court

Northern Ireland

(1)

In proceedings before a court nominated pursuant to a notice under section 15(1) of the Act, the court shall make a record of the evidence received by the court and the information prescribed in paragraph (2).

(2)

The information referred to in paragraph (1) is—

(a)

details of the request in respect of which the notice under section 15(1) was given;

(b)

the date on which, and place at which, the proceedings under Schedule 1 in respect of that request took place;

(c)

the name of any witness who gave evidence at the proceedings in question;

(d)

the name of any person who took part in the proceedings as a legal representative or as an interpreter;

(e)

whether a witness was required to give evidence on oath or after making a solemn affirmation; and

(f)

whether the opportunity to cross-examine any witness was refused.

(3)

When, under paragraph 6(1) of Schedule 1 to the Act, the court sends the evidence received by it to the court or authority that made the request, or to the territorial authority for forwarding to the court or authority that made the request, the clerk of petty sessions shall send to the court, authority or, as the case may be, territorial authority a copy of an extract of so much of the record as relates to the proceedings in respect of the request.

(4)

Proceedings before a court nominated pursuant to a notice under section 15(1) shall be heard at an appropriately equipped venue to allow for the recording of evidence.

Notes on

Footnotes

f1: Rules 52D-52F inserted by S.R. 2004 No. 204 with effect from 17.05.04