S.I. No. 54 of 2010

RULES OF THE SUPERIOR COURTS (CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008) 2010

Notice of the making of this Statutory Instrument was published in

-�Iris Oifigiúil-� of 23rd February, 2010.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 , section 36, and the Courts of Justice Act 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), and the Courts (Supplemental Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 21st day of October, 2009.

John L. Murray

Richard Johnson

Joseph Finnegan

Lyndon McCann

Paul McGarry

Patrick Groarke

Patrick O-�Connor

Mary Cummins

Noel Rubotham

Maeve Kane

I concur in the making of the following Rules of Court.

Dated this 16th day of February, 2010.

DERMOT AHERN,

Minister for Justice, Equality and Law Reform.

S.I. No. 54 of 2010

RULES OF THE SUPERIOR COURTS (CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008) 2010

1. The Rules of the Superior Courts are amended:

(i) by the substitution for the title of Order 136 of the following:

-�Order 136

Proceeds of Crime

Financing of Terrorism

Criminal Justice (Mutual Assistance)-�;

(ii) by the substitution for rule 10 of Order 136 of the following:

-�10. (1) A notice required under sub-section (1), (2), (3), (4), (5) or (6) of section 10 of the Principal Act to be given by the Registrar of the Court to the Property Registration Authority shall be given by the transmission by the Registrar of the Court to the Property Registration Authority of an attested copy of the relevant order of the Court.

(2) A notice required under sub-section (7), (8) or (9) of section 10 of the Principal Act to be given by the Registrar of the Court to the Registrar of Companies shall be given by the transmission by the Registrar of the Court to the Registrar of Companies of an attested copy of the relevant order of the Court.-�;

(iii) by the substitution for the title preceding rule 18, and rules 18, 19, 20 and 21 of Order 136, of the following:

-�Freezing orders under section 24 of the Act of 1994 and related orders

18. (1) An application by the Director of Public Prosecutions for a freezing order under section 24 of the Act of 1994 shall be made by originating motion ex parte. The said originating motion shall be entitled:

-�The High Court

In the Matter of an Application under section 24 of the Criminal Justice Act 1994 -�.

(2) Such application shall be grounded upon an affidavit sworn by or on behalf of the Director of Public Prosecutions.

(3) On the hearing of any such application, the Court may give such directions as seem appropriate

(a) as to the service of copies of the originating notice of motion, affidavit and any exhibits thereto on any person appearing to the Court likely to be affected by the making of a freezing order;

(b) as to the service of copies of those documents by substituted or other service or for the substitution for the service of notice by advertisement or otherwise in accordance with Order 10;

(c) as to the service of any document outside the jurisdiction in accordance with Order 11.

19. Where a freezing order is made, the Court shall give such directions as seem appropriate, which shall be recited in the order, as to service of copies of the order upon, or the giving of notice of the making and contents of the order to, any person appearing to the Court likely to be affected by the making of the freezing order.

20. (1) An application to the Court

(a) under section 24(5) of the Act of 1994 by any person affected by a freezing order to discharge or vary that freezing order in relation to any property, or

(b) under section 24(10) of the Act of 1994 for the Court-�s directions as to any dealing in property seized under section 24(9) of that Act

shall be made by motion on notice in the proceedings commenced by the originating notice of motion referred to in rule 18, and shall be grounded upon an affidavit or affidavits sworn by or on behalf of the moving party. Notice of such application shall be given by delivering copies of the notice of motion and of any grounding affidavit and any exhibits thereto to the Director of Public Prosecutions or (as the case may be) the person or persons affected by the freezing order not later than four clear days before the return date for the motion.

(2) An application under section 24(7) of the Act of 1994 to appoint a receiver may be made by motion ex parte in the proceedings commenced by the originating notice of motion referred to in rule 18, grounded upon an affidavit sworn by or on behalf of the applicant. In addition to any other order which may be made on the hearing of the motion, the Court may direct the service of notice of the application upon, or the delivery of copies of the notice of motion and affidavit(s) to, such other person or persons as it considers appropriate.

21. (1) A notice required under sub-section (1), (2), (3), (4), (5) or (6) of section 25 of the Act of 1994 to be given by the Registrar of the Court to the Property Registration Authority shall be given by the transmission by the Registrar of the Court to the Property Registration Authority of an attested copy of the relevant order of the Court.

(2) A notice required under sub-section (7), (8) or (9) of section 25 of the Act of 1994 to be given by the Registrar of the Court to the Registrar of Companies shall be given by the transmission by the Registrar of the Court to the Registrar of Companies of an attested copy of the relevant order of the Court.-�;

(iv) by the deletion from Order 136 of rule 24;

(v) by the substitution for Part V of Order 136 of the following:

-�V. Proceedings under the Criminal Justice (Mutual Assistance) Act 2008

33. In Part V (comprising rules 33 to 47 inclusive) of this Order:-

-�the Act of 2008-� means the Criminal Justice (Mutual Assistance) Act 2008 ;

unless the context otherwise requires, words and phrases have the same meaning as in the Act of 2008;

any reference to a section shall, unless the context otherwise requires, be deemed to be a reference to a section of the Act of 2008.

Orders under sections 13 and 17

34. (1) An application by a member of the Garda Síochána not below the rank of inspector for an account information order or for an account monitoring order under section 13 or section 17 or for both such orders shall be made by originating motion ex parte. The originating motion shall be entitled:

-�The High Court

In the Matter of section 13 [or section 17, as the case may be] of the Criminal Justice (Mutual Assistance) Act 2008

and in the Matter of an application for an account information order and/or an account monitoring order affecting an account in the name of [C.D.]

On the Application of [A.B.]-�.

(2) The application shall be grounded upon an affidavit sworn by or on behalf of the applicant exhibiting, in the case of an application under section 17, a copy of the request and the other documents (if any) referred to in section 17(2)(b) and exhibiting, or containing an averment as to, the authorisation of the applicant under section 16 to make the application.

(3) Notwithstanding sub-rule (2) and subject to section 17(2)(b), the Court may, in cases of urgency, hear the application on oral evidence.

(4) On the hearing of an application for an order under section 13 or section 17, the Court may give such directions as seem appropriate as to the giving of notice of the making of the order to any financial institution.

35. (1) An application under section 20 to vary or discharge an order made under section 13 or section 17 shall be made by notice of motion in the proceedings commenced by the originating notice of motion referred to in rule 34, and shall be grounded upon an affidavit sworn by or on behalf of the moving party. The notice of motion and grounding affidavit shall be lodged in the Central Office, and notice of such application shall be given by delivering copies of the said notice of motion and of any grounding affidavit and any exhibits thereto to the applicant for the original order or to the financial institution affected (as the case may be), not later than four clear days (or, in cases of urgency, such lesser period as the Court may allow) before the return date for the motion.

(2) Where an application under section 20 to vary or discharge an order made under section 13 or section 17 is made by a financial institution affected, it shall not be necessary to give notice of such application to any other financial institution affected by the same order.

(3) Where an application is made under section 20 to vary or discharge an order made under section 17, the Central Authority shall arrange for the competent authority in the designated state to be notified in accordance with section 20(2)(a) by sending to that competent authority, where possible by electronic mail or facsimile, or otherwise by registered prepaid post, copies of the notice of motion, the grounding affidavit and any exhibits. The competent authority may submit any arguments that it deems necessary on the hearing of the application through the applicant for the order under section 17.

(4) The competent authority in the designated state concerned shall be notified for the purposes of section 20(2)(b) of the outcome of the application by the transmission to it, in the manner provided in sub-rule (3), by the Central Authority of a copy of any order of the Court made on the application.

Orders under sections 32, 35 and 47(3)

36. (1) An application for a freezing order under section 32 or a freezing co-operation order under section 35 shall be made by originating motion ex parte. The said originating notice of motion shall be entitled:

-�The High Court

In the Matter of section 32 [or section 35, as the case may be] of the Criminal Justice (Mutual Assistance) Act 2008

and in the Matter of an application for a freezing order [or a freezing co-operation order, as the case may be] in respect of property at [E.] [and] [or] alleged to be in the possession or control of [C.D.]

On the Application of [A.B.]-�.

(2) Where it is necessary to make an application for a freezing co-operation order under section 47(3), such application may be made by motion ex parte entitled as in the application made under section 35.

(3) An application under section 32 or 35, or to which sub-rule (2) applies, shall be grounded upon an affidavit sworn by or on behalf of the applicant. Where an application to which sub-rule (2) applies is made, the applicant may rely on any affidavit grounding the application made under section 35 and on any supplemental affidavit.

(4) Notwithstanding sub-rule (3) and subject, in the case of an application under section 35, to sub-section (2) of that section, the Court may, in cases of urgency, hear an application under section 32 or section 35, or to which sub-rule (2) applies, on oral evidence.

(5) On the hearing of an application for an order under section 32, the Court may give such directions as seem appropriate as to the giving of notice of the making of the freezing order to any person who appears to be or is affected by the making of the freezing order, or for the purposes of section 33, including directions for the preparation and sending of a certificate referred to in section 33, in the form in the Annex to the Framework Decision contained in Schedule 5 of the Act of 2008.

(6) On the hearing of an application for an order under section 35, evidence shall be given to the Court of the request from the designated state concerned. On the hearing of an application for an order under section 35, or an application to which sub-rule (2) applies, the Court may give such directions as seem appropriate as to the giving of notice of the making of the freezing co-operation order in accordance with section 35(8) to any person who appears to be or is affected by the making of the freezing co-operation order.

37. (1) An application:

(a) under section 32(5) to vary or discharge an order made under section 32;

(b) under section 45(1) to vary or discharge an order made under section 35;

(c) under section 36(3)(b) to require a person having possession or control of property to give up possession of it to the receiver;

(d) under section 36(5) for the Court-�s directions as to any dealing in property of which possession has been taken;

shall be made by notice of motion in the proceedings commenced by the originating notice of motion referred to in rule 36, grounded upon an affidavit sworn by or on behalf of the moving party. Such application shall be served on the applicant for the freezing co-operation order, on every person who appears to be or is affected by the making of that order and, in the case of an application under section 36(3)(b), on every person appearing to have possession or control of the property concerned. Service shall be effected by delivering copies of the said notice of motion and of any grounding affidavit and any exhibits thereto to that person (or each such person) not later than four clear days (or, in cases of urgency, such lesser period as the Court may allow) before the return date for the motion.

(2) An application under section 36(3) for the appointment of a receiver may be made by motion ex parte in the proceedings commenced by the originating notice of motion referred to in rule 36, grounded upon an affidavit sworn by or on behalf of the applicant.

(3) In addition to any other order which may be made on the hearing of the motion referred to in sub-rule (1) or (2), as the case may be, the Court may, at such hearing, direct the service of notice of the application upon, or the delivery of copies of the notice of motion and affidavit(s) to, such other person or persons as it considers appropriate.

(4) Where the Court, having appointed a receiver under section 36(3) or section 53(1), directs the receiver to account to any person in respect of the receivership, the account shall, subject to any modifications which may be necessary or as the Court may direct, be in the Form No. 20 in Appendix G and the affidavit verifying the account shall, subject to any modifications which may be necessary, be in the Form No. 24 in Appendix G.

(5) A notice required under section 37(1) to be given by the Registrar of the Court to the Property Registration Authority or, as the case may be, required under section 37(4) to be given by the Registrar of the Court to the Registrar of Companies shall be given by the transmission by the Registrar of the Court to the Property Registration Authority or, as the case may be, to the Registrar of Companies, of a letter enclosing an attested copy of the relevant order of the Court.

(6) Where an application is made under section 45(1) to vary or discharge an order made under section 35, the applicant shall give notice of such application to the Central Authority for transmission to the issuing authority by delivering to the Central Authority by registered prepaid post copies of the relevant notice of motion, the grounding affidavit and any exhibits together with a certified translation thereof where appropriate or by leaving such documents at the office of the Central Authority on a receipt being given for them by the Central Authority.

(7) The issuing judicial authority shall be notified for the purposes of section 45(5) of the outcome of the application by the transmission by the Central Authority, in the manner provided in rule 35(3), of a copy of any order made by the Court on the application.

Orders under section 51

38. (1) An application by the Central Authority under section 51 for a confiscation co-operation order shall be made by originating notice of motion, grounded upon an affidavit sworn by or on behalf of the applicant, which affidavit shall exhibit a document evidencing the consent of the Minister to the making of the application in accordance with sub-section (4) of that section. The originating notice of motion shall be entitled:

-�The High Court

In the Matter of section 51 of the Criminal Justice (Mutual Assistance) Act 2008

and in the Matter of an Application for a confiscation co-operation order in respect of property alleged to be in the possession or control of [C.D.]

Between

AB

Applicant

and

CD

Respondent-�.

(2) The defendant, any other person named in the external confiscation order as being affected by it, and any person claiming to own, or have an interest in, the property in the State to which the external confiscation order relates shall be named as respondents.

(3) Unless the Court otherwise directs or permits, notice of the application shall be given by delivering copies of the originating notice of motion and grounding affidavit and any exhibits thereto to each respondent not later than four clear days before the return date of the originating notice of motion.

(4) Save where otherwise directed by the Court, a respondent to such originating notice of motion may deliver a replying affidavit within two weeks of the delivery to him of copies of the said originating notice of motion and grounding affidavit.

(5) The applicant may deliver a further affidavit within two weeks of the delivery of any replying affidavit.

(6) In addition to any other order which may be made on the hearing of the motion, the Court may, at such hearing give such directions as seem appropriate:

(a) as to the service of copies of the originating notice of motion, affidavit and any exhibits thereto on any person who it appears to the Court might be affected by the making of a confiscation co-operation order;

(b) as to the service of copies of those documents by substituted or other service or for the substitution for the service of notice by advertisement or otherwise in accordance with Order 10;

(c) as to the service of any document outside the jurisdiction in accordance with Order 11.

(7) Where the Court so permits having regard to the urgency of the case, an application may be made ex parte in the proceedings begun in accordance with sub-rule (1) for a conditional confiscation co-operation order, which order shall be served on the respondent at least seven days before the date fixed for the hearing of the originating notice of motion.

(8) Where a confiscation co-operation order made on an application commenced in accordance with this rule is served upon a defendant, there shall be endorsed upon the copy of the order served upon the defendant a memorandum in the following words or to the following effect: -�If at any time after payment of a sum due under the within confiscation co-operation order has become enforceable in the manner provided for by section 52(1) of the Criminal Justice (Mutual Assistance) Act 2008 , it is reported to the High Court by the Director of Public Prosecutions that any such sum or any part thereof remains unpaid, the High Court may order that you the defendant be imprisoned for a period not exceeding that set out in the Table to section 52 of the said Act.-�

39. An application under section 51(5) to vary or discharge a confiscation co-operation order made under section 51 shall be made by notice of motion in the proceedings commenced by the originating notice of motion referred to in rule 38, and shall be grounded upon an affidavit sworn by or on behalf of the moving party. Such application shall be served on the applicant for the confiscation co-operation order and on every respondent to that application. Notice of the application shall be given to every person claiming to be otherwise affected by the order. Such service shall be effected, or notice given, by delivering copies of the said notice of motion and grounding affidavit and any exhibits thereto to that person not later than four clear days (or, in cases of urgency, such lesser period as the Court may allow) before the return date for the motion.

40. (1) Where a confiscation co-operation order has been made, any application to the Court by the Director of Public Prosecutions for an order that the defendant be imprisoned under section 52(3) shall be made by notice of motion in the proceedings commenced by the originating notice of motion referred to in rule 38.

(2) Such application shall be grounded upon an affidavit sworn by or on behalf of the moving party. Notice of such application shall be given by delivering copies of the said notice of motion and grounding affidavit and any exhibits thereto to the defendant, not later than 21 days before the return date for the motion.

(3) The defendant may deliver a replying affidavit within two weeks of the delivery to him or her of copies of the notice of motion, grounding affidavit and any exhibits thereto and the Director of Public Prosecutions may deliver a further affidavit within two weeks of the delivery of any replying affidavit.

41. (1) Where a confiscation co-operation order has been made, any application to the Court by the Director of Public Prosecutions for an order appointing a person to be a receiver in respect of realisable property under section 53(1) may be made by motion ex parte in the proceedings commenced by the originating notice of motion referred to in rule 38.

(2) An application

(a) under section 53(2) to empower a receiver to take possession of realisable property;

(b) for an order under section 53(3) requiring any person having possession or control of any realisable property to give possession of it to the receiver or under section 53(5) requiring a person holding an interest in realisable property to make any payment to the receiver, or

(c) for an order under section 53(4) to empower a receiver to realise any property,

shall be made by notice of motion in the proceedings commenced by the originating notice of motion referred to in rule 38, and may be grounded upon an affidavit sworn by or on behalf of the moving party. Notice of such application shall be given to every person having possession or control or claiming to own, or have an interest in, the property concerned, by delivering copies of the said notice of motion and of any grounding affidavit and any exhibits thereto to that person (or each such person) not later than four clear days (or, in cases of urgency, such lesser period as the Court may allow) before the return date for the motion.

(3) In addition to any other order which may be made on the hearing of the motion referred to in sub-rule (1) or (2), as the case may be, the Court may, at such hearing, direct the service of notice of the application upon, or the delivery of copies of the notice of motion and affidavit to, such other person or persons as it considers appropriate.

Orders under section 60

42. (1) An application by the Central Authority under section 60 for a forfeiture co-operation order shall be made by originating notice of motion grounded upon an affidavit sworn by or on behalf of the applicant, which affidavit shall exhibit a document evidencing the consent of the Minister to the making of the application. The originating notice of motion shall be entitled:

-�The High Court

In the Matter of section 60 of the Criminal Justice (Mutual Assistance) Act 2008

and in the Matter of an Application for a forfeiture co-operation order in respect of property alleged to be in the possession or control of [C.D.]

Between

AB

Plaintiff / Applicant

and

CD

Defendant-�.

(2) Any person named in the external forfeiture order as being affected by it, and any person claiming to own, or have an interest in, the property in the State to which the external forfeiture order relates shall be named as defendants.

(3) Unless the Court otherwise directs or permits, notice of the application shall be given by delivering copies of the originating notice of motion and grounding affidavit and any exhibits thereto to any and every defendant not later than four clear days before the return date of the originating notice of motion.

(4) Save where otherwise directed by the Court, any defendant to such originating notice of motion may deliver a replying affidavit within two weeks of the delivery to him or her of copies of the said originating notice of motion and grounding affidavit.

(5) The applicant may deliver a further affidavit within two weeks of the delivery of any replying affidavit.

(6) In addition to any other order which may be made on the hearing of the motion, the Court may, at such hearing give such directions as seem appropriate:

(a) as to the service of copies of the originating notice of motion, affidavit and any exhibits thereto on any person appearing to the Court likely to be affected by the making of a forfeiture co-operation order;

(b) as to the service of copies of those documents by substituted or other service or for the substitution for the service of notice by advertisement or otherwise in accordance with Order 10;

(c) as to the service of any document outside the jurisdiction in accordance with Order 11.

(7) Where the Court so permits having regard to the urgency of the case, an application may be made ex parte in the proceedings begun in accordance with sub-rule (1) for a conditional forfeiture co-operation order, which order shall be served on the defendant at least seven days before the date fixed for the hearing of the originating notice of motion.

43. (1) An application under section 60(7) to vary or discharge a forfeiture co-operation order made under section 60(1) shall be made by notice of motion in the proceedings commenced by the originating notice of motion referred to in rule 42, and shall be grounded upon an affidavit sworn by or on behalf of the moving party. Notice of such application shall be given to the applicant for the original order or to every person claiming to own or have an interest in the property concerned or to be otherwise affected by the order by delivering copies of the said notice of motion and of any grounding affidavit and any exhibits thereto to that person (or to each such person) not later than four clear days (or, in cases of urgency, such lesser period as the Court may allow) before the return date for the motion.

Applications to issue letters of request or for service out of the jurisdiction

44. (1) Save where otherwise directed or permitted by the Court, an application to the Court to issue a letter of request under section 62(1), section 67(2), section 73(1) or section 77(1) shall-

(a) where the application concerns proceedings already instituted against a person, be made by motion on notice, returnable to a date not less than six weeks prior to the trial. The notice of motion shall be filed with the proper officer and a copy served on the Director of Public Prosecutions or the person charged, as the case may be, not less than fourteen days before the return date of such motion;

(b) in any other case, be made by originating motion ex parte.

(2) Where paragraph (b) of sub-rule (1) applies, the originating notice of motion shall be entitled:

-�The High Court

In the Matter of section 62(1) [or section 67(2), section 73(1) or section 77(1), as the case may be] of the Criminal Justice (Mutual Assistance) Act 2008

and in the Matter of [insert description of investigation]

On the Application of [A.B.]-�.

(3) The Court may, before making an order on such an application, require the applicant to produce or file in the Central Office for consideration by the Court a completed draft of the form of letter of request containing the information required by the Act to be included in such letter.

(4) Where an order is made under this rule, the order may include such further provisions as the Court considers necessary or appropriate to facilitate the taking of any evidence concerned.

45. Every application for leave to issue and serve a document in accordance with section 80 of the Act shall be made ex parte.

Orders under section 103

46. (1) An application under section 103 shall be made by originating motion, which may be brought ex parte. The said originating motion shall be entitled:

-�The High Court

In the Matter of section 103 of the Criminal Justice (Mutual Assistance) Act 2008

and in the Matter of an Application for provisional measures

On the Application of [A.B.]-�.

(2) An application under section 103 shall be grounded upon an affidavit sworn by or on behalf of the applicant.

(3) In addition to any other order which may be made on the hearing of the motion, the Court may, at such hearing, direct the service of notice of the application upon, or the delivery of copies of the originating motion and affidavit to, such other person or persons as it considers appropriate.

Certificates

47. (1) A certificate in accordance with section 49(1)(b) shall be in the Form No. 1 in Appendix HH.

(2) A certificate in accordance with section 58(1)(b) shall be in the Form No. 2 in Appendix HH.

(3) A certificate referred to in this rule shall be issued by the Registrar of the Court on receipt of a letter from the Director of Public Prosecutions, or an officer or solicitor of the Director duly authorised in that behalf, requesting such certificate.

VI. General

48. A respondent or defendant in any proceedings commenced by originating notice of motion pursuant to this Order, and to whom notice of such motion has been given, shall enter an appearance to such notice of motion in the Form No. 1 in Appendix A, Part II, with such modifications as may be necessary, within eight days after service upon him of the originating notice of motion or notice thereof. Where a respondent or defendant is given notice of such motion after the date first fixed for the hearing of the notice of motion, he shall enter an appearance thereto within the time fixed by the Court for that purpose.

49. Save as otherwise provided by this Order or directed by the Court, all proceedings under this Order shall be heard and determined upon affidavit.-�; and

(vii) by the insertion of the forms in the Schedule as Appendix HH.

2. Nothing in these Rules shall affect the validity of any step taken or any other thing done in proceedings under the Criminal Justice Act 1994 initiated before the commencement of these Rules. Any such proceedings shall, save where the Court in those proceedings otherwise orders, be continued and completed as if these Rules had not been made.

3. These Rules shall come into operation on the 16th day of March 2010.

4. These Rules shall be construed together with the Rules of the Superior Courts 1986 to 2010 and may be cited as the Rules of the Superior Courts (Criminal Justice (Mutual Assistance) Act 2008) 2010.

Schedule APPENDIX HH

O. 136, r. 47

No. 1

CERTIFICATE UNDER SECTION 49, CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008

[Insert title of proceedings]

Whereas a confiscation order was made in the above-entitled proceedings on the day of 20 requiring [insert name of accused] to pay the sum of [insert amount]

I CERTIFY that * the prescribed time for lodging of an appeal against that order has expired.

* the prescribed time for lodging of an appeal against that order will expire on the day of 20 .

(Signed)

Registrar

* Delete as appropriate

No. 2

O. 136, r. 47

CERTIFICATE UNDER SECTION 58, CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008

[Insert title of proceedings]

Whereas a forfeiture order was made in the above-entitled proceedings on the day of 20 in respect of [insert details of property in designated State]

I CERTIFY that * the prescribed time for lodging of an appeal against that order has expired.

* the prescribed time for lodging of an appeal against that order will expire on the day of 20 .

(Signed)

Registrar

* Delete as appropriate

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation.)

These rules substitute rule 10 of Order 136, prescribing forms and procedure in relation to the Criminal Justice (Mutual Assistance) Act 2008 .