Made | 29th May 2003 | ||
To be laid before Parliament | |||
Coming into operation | 30th June 2003 |
(2) Rule 36(8)(a) shall be amended by substituting for the words "shall not be in open court", the words "may take place in private".
(3) Rule 44B shall be amended as follows -
(4) After rule 44B, there shall be inserted the following new rule:
(3) The application under paragraph (1) shall be made within 28 days from the date -
(4) The notice under paragraph (1) shall be served on the chief clerk, and at the same time a copy thereof shall be served, by the applicant, on every other party to the proceedings.
(5) Any party on whom a copy of a notice of the application under paragraph (1) is served may oppose the application for a special measures direction in respect of any measure available in relation to the witness, whether or not the question of whether the witness is eligible for assistance by virtue of Article 4(1)(a) of the 1999 Order is in issue.
(6) Any party who wishes to oppose the application shall, within 14 days of the date notice of the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it.
(7) In order to comply with paragraph (6) -
(b) where the application relates to the admission of a copy of a video recording, a party who receives a recording shall provide the information required by rule 44CE(5).
(8) Except where notice is received in accordance with paragraph (6), the Court may -
(9) Where a party to the proceedings notifies the chief clerk in accordance with paragraph (6) of his opposition to the application, the Court shall direct a hearing of the application.
(10) Where a hearing of the application is to take place in accordance with paragraphs (8) or (9), the chief clerk shall notify each party to the proceedings of the time and place of the hearing.
(11) A party notified in accordance with paragraph (10) may be present at the hearing and be heard.
(12) The chief clerk shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 7 in the Schedule, and if the application was made for a direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of that witness, the notification must state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence."
(5) For rule 44C, there shall be substituted the following new rule:
(6) After rule 44C, there shall be inserted the following new rules:
(2) Where an application is made in accordance with paragraph (1)(a) -
(3) The Court shall determine before making a special measures direction -
Discharge or variation of a special measures direction
44CB.
- (1) An application to discharge or vary a special measures direction under Article 8(2) of the 1999 Order shall be made in writing and shall specify each material change of circumstances which the applicant alleges has occurred since the direction was made.
(2) An application under paragraph (1) shall be served, by the applicant, on the chief clerk and on each party to the proceedings as soon as reasonably practicable after the change of circumstances occurs.
(3) Any party on whom an application is served in accordance with paragraph (2) may oppose the application on the ground that it discloses no material change of circumstances.
(4) Paragraphs (6) to (12) of rule 44BA shall apply to an application to discharge or vary a special measures direction as they apply to an application for a direction.
Renewal application following a material change of circumstances
44CC.
- (1) Where an application for a special measures direction has been refused by the Court, the application may only be renewed ("renewal application") where there has been a material change of circumstances since the Court refused the application.
(2) The applicant shall -
(3) Any party on whom the application is served in accordance with paragraph (2)(b) may oppose the application on the ground that it discloses no material change of circumstances.
(4) Paragraphs (6) to (12) of rule 44BA and rules 44CD and 44CE shall apply to a renewal application as they apply to the application which was refused.
Application for special measures direction for witness to give evidence by means of a live link
44CD.
- (1) Where the application for a special measures direction is made in accordance with rule 44BA(2)(a), for a witness to give evidence by means of a live link, the following provisions of this rule shall also apply.
(2) Subject to paragraph (3), a party who seeks to oppose an application for a witness to give evidence by means of a live link must, in order to comply with rule 44BA(6), state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness's evidence.
(3) Paragraph (2) does not apply in relation to a witness in need of special protection within the meaning of Article 9(1)(b) of the 1999 Order.
(4) Where a special measures direction is made enabling a witness to give evidence by means of a live link, that witness shall be accompanied at the live link only by persons acceptable to a judge of the Crown Court.
Video recording of testimony from witnesses
44CE.
- (1) Where an application is made for a special measures direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the following provisions of this rule shall also apply.
(2) Notice of the application made in accordance with rule 44BA(1) shall be accompanied by the video recording (or, as the case may be, a copy of the video recording) which it is proposed to tender in evidence and shall include -
(f) a statement of the circumstances in which the video recording was made which complies with paragraph (4); and
(g) the date on which the video recording was disclosed to the other party or parties.
(3) Where it is proposed to tender part only of a video recording of an interview with the witness, the application must specify that part and be accompanied by a video recording of the entire interview, including those parts which it is not proposed to tender in evidence, and by a statement of the circumstances in which the video recording of the entire interview was made which complies with paragraph (4).
(4) The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(f) and (3) shall include the following information, except in so far as it is contained in the recording itself: -
(d) in relation to the equipment used for the recording -
(e) the location of the mastertape if the video recording is a copy and details of when and by whom the copy was made.
(5) A party who receives a copy of a recording under paragraph (2) shall within 14 days of the date on which it was served on him, notify the applicant and the chief clerk, in writing -
(6) Notwithstanding the provisions of rule 44BA and this rule, a copy of any video recording which the defendant proposes to tender in evidence need not be sent to the prosecution until the close of the prosecution case at the trial.
(7) The Court may determine an application by the defendant to tender in evidence a video recording even though a copy of the recording has not, in accordance with paragraph (6), been served upon the prosecution.
(8) Where a copy of a video recording which is the subject of a special measures direction is sent to the prosecution after the direction has been made, the prosecutor may apply to the Court for the direction to be varied or discharged.
(9) An application under paragraph (8) may be made orally to the Court.
(10) A prosecutor who makes an application under paragraph (8) shall state -
(11) The Court shall, before determining the application: -
(12) The chief clerk shall notify all parties to the proceedings of the decision of the Court as soon as reasonably practicable after the decision is given.
(13) Any decision varying a special measures direction must state whether the whole or specified parts of the video recording or recordings subject to the application are to be admitted in evidence.
Expert Evidence
44CF.
Any party to the proceedings who proposes to adduce expert evidence (whether of fact or opinion) in connection with an application or renewal application for, or an application to vary or discharge, a special measures direction shall, not less than 14 days before the date set for the trial to begin -
(7) The title to Part XI shall be amended by inserting after the words "Act 2000" the words ", the Criminal Justice and Police Act 2001".
(8) After rule 104, there shall be inserted the following new rule:
(2) Notice of an application under section 59 shall be made in writing to the chief clerk and shall -
(b) where the application is made to authorise the retention of property by a person for the time being in possession of the property, specify upon which of the grounds in section 59(7) the application is made.
(3) Where the applicant is a person with a relevant interest, the applicant shall, at the same time as the notice is given to the chief clerk, serve a copy on -
(4) Where the applicant is a person for the time being in possession of the property, the applicant shall, at the same time as the notice is given to the chief clerk, serve a copy on -
(5) Any person served with a copy of a notice under paragraph (3) or (4) shall within seven days -
(6) The chief clerk shall -
(7) The hearing of an application under section 59 may be in private, if the judge thinks necessary in the interests of justice."
(9) The Schedule to the principal Rules shall be amended by substituting for Forms 5 to 7, the new Forms 5 to 7 in the Schedule to these Rules.
R. D. Carswell
J. M. Nicholson
J. Gillen
P. Copeland
J. Wilson
C. Adair
Dated 14th May 2003.
I concur
Irvine of Lairg,
C.
Dated 29th May 2003.
This form may also be used where an extension of time has been granted for the making of this application.
A copy of this form must be served at the same time on the other party to the proceedings.
Details required | Notes |
Case details The Crown Court at: Crown Court Case Number: |
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Date of - committal for trial* giving of Notice of Transfer* leave given to present indictment* order for retrial* |
* Delete as appropriate |
Defendant(s): | State the names of the defendant(s) to whom this application relates |
Application | |
Name of applicant: Name of applicant's solicitor: Address of solicitor: Reference: |
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Charges | Give brief details of those charges to which this application relates |
Details of witness Name of Witness: Date of birth of witness: If the applicant is the prosecutor, give the name of the witness or (as the case may be) the letter under which he is designated: If the applicant is the defendant, enter name of witness (but only if disclosure is already required by section 5(7) of the Criminal Procedure and Investigations Act 1996): |
An application by the defence for evidence to be given through a live link or by means of a video recording need not disclose who that witness is, except to the extent that the disclosure is required by section 5(7) of the Criminal Procedure and Investigations Act 1996. |
This form may also be used where an extension of time has been granted for the making of this application.
A copy of this form must be given at the same time to the other party or parties to the case.
Details required | Notes |
Details of witness Name of Witness: Date of birth of witness: If an application has been made to tender in evidence a video recording of testimony from the witness, give the date and (if known) the result of that application: If the applicant is the prosecutor, give the name of the witness (otherwise leave blank): |
An application by the defence for evidence to be given through a live link or by means of a video recording need not disclose who that witness is, except to the extent that the disclosure is required by section 5(7) of the Criminal Procedure and Investigations Act 1996. |
Case details Name of PSNI Central Process Office: Central Process Office or District Command Unit reference number: DPP reference number: Defendant(s): Surname: Forenames: |
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Court venue: | The venue of the court hearing the case. |
Date of next court appearance: | |
Charges: | Give brief details (including date and location of offence) of those charges to which this application applies. |
Details of application Specify the special measures being sought: State the grounds on which the witness relies in support of the application for a special measures direction: |
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Give a description of evidence submitted in support of this application: | This requirement is optional. Examples of evidence might be: birth certificate; medical report; expert evidence; police report. |
Arrangements which may be available Give a description of the arrangements relevant to the measures applied for, which may be made available in the area in which it is likely the hearing will take place: |
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Reasons for application Give the grounds for believing the special measures being sought in this application will increase the quality of the witness's evidence: Give the views of the witness as to why the measures sought in this application are required: |
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Material change of circumstances | |
Give a description of any material change of circumstances relied upon to support this application: |
This requirement applies only where -
(b) a previous application for a special measures direction was refused and this application seeks to reverse that decision. |
Details required | Notes |
Details of application Give - |
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(a) the address of any venue from which the witness will give evidence if the court's own live link is not used: (b) the name of the person who it is proposed will accompany the witness: (c) the occupation of this person: (d) the relationship (if any) of this person to the witness: |
An application by the defence need not disclose the name of the person proposed to accompany the witness if disclosure could lead to the identification of the witness. |
Grounds State why it is believed that this person should accompany the witness: |
Details required | Notes |
Video recording(s) | |
Statement as to circumstances in which video recording made: | These details need to be completed only to the extent that the information is not contained in the video recording itself. |
Date(s) of video recording(s): | |
Time(s) of video recording(s): | Give the times at which recording began and finished, including details of any interruptions. |
Location and normal function of premises where video recording made: | Give address of premises where recording made and state the usual function of those premises. |
Details of those present while recording made | |
Give details of each person present at any point during the recording: | Include name, age and occupation of anyone present; time for which present; relationship (if any) to witness and to the defendant. |
Equipment used | |
Give a description of the equipment used for the recording: | The description must include the following information - number and type of cameras used (fixed or mobile); the number and location of microphones; the video format used; and whether it offered single or multiple recording facilities and if it did which were used. |
Recordings of part only of an interview | |
State whether the video recording contains part only of the interview with the witness: | A copy of any video recordings of other parts of the interview with the witness which it is not proposed to tender in evidence must also be provided to the court and the other parties. The details of each such recording must be given as above. Use separate sheets where necessary. |
Details of copy | |
State in respect of each video recording whether it is a copy, and give the following details in respect of each copy - Name and address of person who has the mastertape: When, and by whom , the copy was made: |
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Attendance and supply of copies Is the witness willing and able to attend the trial for cross-examination? |
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Have copies of the video recording(s) to which this application relates been disclosed to the other parties? | Where the application is by the defendant, the video recording(s) do not have to be served on the prosecution until the close of the prosecution case at the trial. |
Has a copy of this notice and the video recording(s) to which it relates been served on each party to the proceedings? Has the agreement of the other parties to the video recording(s) being tendered as evidence been sought? |
[2] S.I.1999 / 2789 (N.I. 8)back
[3] S.R. 1979 No. 90; to which the most recent relevant amendments were made by S.R. 1996 No. 71 and S.R. 2003 No. 71back
[4] S.I. 1988 / 1846 (N.I. 16)back
[5] S.I. 1995 / 757 (N.I. 3)back