Made | 17th May 2004 | ||
To be laid before Parliament | |||
Coming into operation in accordance with rule 1 |
(2) After rule 44H, there shall be inserted the following new rules:
(3) 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.
(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 chief clerk, 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 -
Application for excepting direction
44J.
- (1) An application for a direction under section 46(9) of the 1999 Act ("an excepting direction") may be made at any time after the commencement of the proceedings if a reporting direction has been given by the Court in respect of a witness in those proceedings.
(2) The application under paragraph (1) may be made by -
(3) An application for an excepting direction may be made -
(4) An applicant for an excepting direction shall state why, in his opinion -
(5) Where the application for an excepting direction is made in writing, the notice under paragraph (3)(b) 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 or, as the case may be, every party to those proceedings.
(6) 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 chief clerk, in writing, of his opposition giving reasons for it.
Variation or revocation
44K.
- (1) An application to -
may be made at any time after the commencement of the proceedings.
(2) The application under paragraph (1) may be made by -
(3) The application under paragraph (1) shall be made by giving notice in writing which shall be in Form 7C in the Schedule which -
(4) Any party who wishes to oppose the application shall, within 7 days of the date the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it.
Hearings
44L.
- (1) Subject to paragraph (2), the Court may -
(2) Where a party to the proceedings notifies the chief clerk of his opposition to an application under rule 44I, 44J or, as the case may be, 44K, the Court shall direct a hearing of that application.
(3) Where a hearing of an application is to take place in accordance with this rule, the chief clerk shall notify each party to the proceedings of the time and place of the hearing.
(4) A party notified in accordance with paragraph (3) may be present at the hearing and be heard.
(5) Before determining an application, the Court may hear and take into account representations made to it by any person who in the Court's opinion has a legitimate interest in the application before it.
(6) The chief clerk shall, as soon as reasonably practicable after the determination of an application under rule 44I, 44J or 44K, notify all the parties to the proceedings of the decision of the Court in Form 7D in the Schedule.
Hearings in camera
44M.
If in any proceedings a prosecutor or defendant has served notice under rule 44A(1) of his intention to apply for an order that all or part of a trial be held in camera, any application under rule 44I, 44J or 44K relating to a witness in those proceedings need not identify the witness by name or date of birth."
(3) For Part VIII, there shall be substituted the new Part VIII in Schedule 1 to these Rules.
(4) The Schedule to the principal Rules shall be amended by inserting after Form 7, the new Forms 7A to 7D in Schedule 2 to these Rules.
Brian Kerr
J. M. Nicholson
A. R. Hart
Paul G. Copeland
Barra McGrory
J. Wilson
Dated 13th May 2004
Signed by authority of the Lord Chancellor
I concur
Lord Filkin
Parliamentary Under-Secretary of State, Department for Constitutional Affairs
Dated 17th May 2004
Notice required to accompany process served outside the United Kingdom
56.
- (1) The notice which by virtue of section 3(4)(b) shall accompany any process served outside the United Kingdom shall, so far as is reasonably practicable, give the information specified in paragraphs (2) and (4).
(2) The notice shall -
(3) The "relevant authority" where the process is served -
(4) The particulars referred to in paragraph (2) are -
(5) Where section 3(3) applies, the chief clerk shall require any process served outside the United Kingdom to be accompanied by -
Proof of service outside the United Kingdom
57.
- (1) The service on any person under section 4(1) of any process issued or made may be proved in any proceedings by a certificate given by or on behalf of the Secretary of State.
(2) A statement in any such certificate as is mentioned in paragraph (1) -
shall be admissible as evidence of any facts so stated.
Notice of application for request for assistance
58.
- (1) An application under section 7(1) (requests for assistance in obtaining evidence abroad) shall, subject to paragraph (2), be made by giving notice in writing to the chief clerk and shall -
(2) The judge may direct that paragraph (1) need not be complied with if he is satisfied that the applicant has good reason to make the application as soon as possible and it is not practicable to comply with that paragraph.
(3) Where the judge makes a request for assistance under section 8(1), the chief clerk shall send a copy of the letter of request to the Secretary of State as soon as is reasonably practicable after the request has been made.
Proceedings before a nominated court
59.
In proceedings before a nominated court pursuant to a notice under section 15(1), the Court may -
Record of proceedings before a nominated court
60.
- (1) In proceedings before a court nominated pursuant to a notice under section 15(1), the chief clerk 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 -
(3) When the Court sends the evidence received by it under paragraph 6(1) of Schedule 1 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 chief clerk 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 that request.
Interpreter for the purposes of proceedings involving a television or telephone link
61.
- (1) This rule applies where the court nominated under section 30(3) (hearing witnesses in the UK through television links) or section 31(4) (hearing witnesses in the UK by telephone) is a Crown Court.
(2) Where it appears to the chief clerk that the witness to be heard in the proceedings under Part 1 or 2 of Schedule 2 ("the relevant proceedings") is likely to give evidence in a language other than English, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into English.
(3) Where it appears to the chief clerk that the witness to be heard in the relevant proceedings is likely to give evidence in a language other than that in which the proceedings of the court referred to in section 30(1) or, as the case may be, section 31(1) ("the external court") will be conducted, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into the language in which the proceedings of the external court will be conducted.
(4) Where the evidence in the relevant proceedings is given in a language other than English and is not translated into English by an interpreter, the Court shall adjourn the proceedings until such time as an interpreter can be present to provide a translation into English.
Record of television link before a nominated court
62.
- (1) In proceedings before a court nominated pursuant to a notice under section 30(3), the chief clerk shall make a record of the evidence given in the presence of the Court and the information prescribed in paragraph (2).
(2) The information referred to in paragraph (1) is -
(3) As soon as is reasonably practicable after the proceedings under Part 1 of Schedule 2, the chief clerk shall send to the external authority that made the request a copy of an extract of so much of the record as relates to the proceedings in respect of that request.
Record of telephone link before a nominated court
62A.
- (1) In proceedings before a court nominated pursuant to a notice under section 31(4), the chief clerk shall make a record of the evidence given in the presence of the Court and the information prescribed in paragraph (2).
(2) The information referred to in paragraph (1) is -
(4) As soon as is reasonably practicable after the proceedings under Part 2 of Schedule 2, the chief clerk shall send to the external authority that made the request a copy of an extract of so much of the record as relates to the proceedings in respect of that request.
Restriction on access to records kept under rules 60, 62 and 62A
62B.
The records kept under rules 60, 62 and 62A shall not be open to inspection by any person except -
Details required | Notes |
Details of applicant Name of applicant: Name of applicant's solicitor: Address of solicitor: Reference: |
|
Details of witness | |
Name of witness: Date of birth of witness: |
These details need not be given where a notice has been served applying for an order that all or part of the trial be held in camera. |
Case details Name of PSNI Central Process Office: Central Process Office or District Command Unit reference number: DPP reference number: Defendant(s): Surname: Forenames: |
|
The Crown Court at: Crown Court Bill Number: |
The venue of the court hearing the case. |
Date of - committal for trial* giving of notice of transfer* leave given to present indictment* order for retrial* next court appearance* |
* Delete as appropriate |
Charges | Give brief details of those charges to which this application relates |
Details of application | |
State the grounds on which the applicant relies in support of the application for a reporting direction: |
The statement should make clear why, in the applicant's view, if the direction is not given -
(b) the level of co-operation given by the witness to any party to the proceedings in the preparation of that party's case,
is likely to be diminished by fear or distress if the witness is identified by members of the public. |
Give a description of evidence submitted in support of this application: |
This requirement is optional. Examples might be - Police report Medical report |
Set out the views of the witness for whom the direction is sought on this application: | |
Public interest State why a reporting direction -
(b) is in the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of proceedings |
Details required | Notes |
Details of applicant Name of applicant: Name of applicant's solicitor: Address of solicitor: Reference: |
|
Details of witness | |
Name of witness: Date of birth of witness: |
These details need not be given where a notice has been served applying for an order that all or part of the trial be held in camera. |
Case details Defendant(s): Surname: Forenames: The Crown Court at: Crown Court Bill Number: |
|
Date of - committal for trial* giving of notice of transfer* leave given to present indictment* order for retrial* next court appearance* |
* Delete as appropriate |
Charges | Give brief details of those charges to which this application relates |
Reference number of reporting direction: | |
Court which gave the reporting direction: | |
Date on which reporting direction is given: | |
Is a copy of the reporting direction attached: | The applicant should attach a copy of the reporting direction if available |
Details of application State the grounds on which the applicant relies and in particular state why a reporting direction is or would be a substantial and unreasonable restriction on the reporting of the proceedings: State why it would be in the public interest to remove or relax reporting restrictions: |
Details required | Notes |
Details of applicant Name of applicant: Name of applicant's solicitor: Address of solicitor: Reference: |
|
Details of witness | |
Name of witness: Date of birth of witness: |
These details need not be given where a notice has where a notice has been served applying for an order that all or part of the trial be held in camera. |
Case details Defendant(s): Surname: Forenames: The Crown Court at: Crown Court Bill Number: |
|
Date of - committal for trial* giving of notice of transfer* leave given to present indictment* order for retrial* next court appearance* which application is to be heard* |
*Delete as appropriate |
Charges: | Give brief details of those charges to which this application relates |
Reference number of [reporting][excepting] direction: | |
Court which gave the [reporting][excepting] direction: | |
Date on which [reporting][excepting] direction given: | |
Is a copy of the [reporting][excepting] direction attached: | The applicant should attach a copy of the [reporting] [excepting] direction if available |
Details of application | |
The application is for: [the revocation of a reporting direction]* [the variation of an excepting direction]* [the revocation of an excepting direction]* The grounds on which the applicant relies are as follows - |
*Delete as appropriate |
Details required | Notes |
Details of applicant Name of applicant: Name of applicant's solicitor: Address of solicitor: Reference: |
|
Details of witness | |
Name of witness: Date of birth of witness: |
These details need not be given where a notice has been served applying for an order that all or part of the trial be held in camera. |
Case details The Crown Court at: Crown Court Bill Number: Defendant(s): Charges: |
|
Upon the hearing of an application on (date) at (place) the Court made an order to the following effect, viz: | |
Reporting Direction If a reporting direction has been given by the Court, give the following details - Reference number of reporting direction: Court which gave the reporting direction: Date on which reporting direction given: Give details of restrictions imposed by the direction: |
|
Excepting Direction If an excepting direction has been given by the Court, give the following details - Reference number of the excepting direction: Court which gave the direction: Date on which direction given: Give details of the exception granted by the Court: |
|
Revocation of a reporting direction If a reporting direction has been revoked, give the following details - Reference number of the reporting direction: Court which gave the reporting direction: Date on which the reporting direction was given: Date on which the reporting direction was revoked: |
|
Variation or revocation of an excepting direction If an excepting direction has been varied or revoked, give the following details - Reference number of the excepting direction: Court which gave the excepting direction: Date on which the excepting direction was given: Give details of how the excepting direction was varied or revoked: |
Rule 2(1) inserts a reference to the Youth Justice and Criminal Evidence Act 1999 into the interpretation provisions in the principal Rules.
Rule 2(2) inserts new rules 44I to 44M into the principal Rules.
New rule 44I prescribes the manner in which an application for a reporting direction shall be made. New rule 44J prescribes the manner in which an application for an excepting direction shall be made.
New rule 44K provides for an application to be made to revoke a reporting direction or to vary or revoke an excepting direction which has already been given.
New rule 44L provides that the Court may direct a hearing of an application where notice of opposition is given or where the Court considers it appropriate to do so. It also provides that the chief clerk shall notify all the parties to the proceedings of the Court's decision.
Where an application has been made to hold a trial in camera, new rule 44M provides that an application for a direction need not identify the witness.
Rule 2(3) substitutes a new Part VIII into the principal Rules.
New rule 55 provides an interpretation of certain terms used in the new Rules.
New Rule 56 prescribes the information that shall be contained within the notice required by section 3(4) of the Act to accompany process served outside the United Kingdom.
New Rule 57 provides that service of a process under section 4 of the Act may be proved by a certificate given by or on behalf of the Secretary of State, which shall be admissible as evidence of any facts stated therein.
New Rule 58 prescribes the manner in which an application under section 7(1) of the Act (requests for assistance in obtaining evidence abroad) shall be made.
New Rule 59 provides that a court nominated to receive evidence requested from abroad may determine who may appear or take part in proceedings in that regard and may exclude the public from the Court during the proceedings.
New Rule 60(1) provides that in proceedings pursuant to a notice under section 15(1), the chief clerk shall make a record of evidence received together with other information as is prescribed by paragraph (2). New Rule 60(3) provides that the chief clerk shall send to the court or authority that made the request a copy of so much of the court record as is relevant to that request.
New Rule 61 provides for an interpreter to be present in court in connection with proceedings that involve witnesses in the UK giving evidence by television link and telephone to countries outside the UK.
New Rule 62 requires for the chief clerk to make a record of evidence given at any proceedings at which a witness in the UK gives evidence under section 30(3) of the Act and prescribes other information that shall be included in this record. New Rule 62A makes similar provision in relation to proceedings at which a witness in the UK gives evidence by telephone link under section 31(4) of the Act.
New Rule 62B restricts access to records kept under rules 60, 62 and 62A.
Rule 2(4) amends the Schedule to the principal Rules by inserting new Forms 7A to 7D for use in connection with applications prescribed in these Rules.
[3] 2003 c. 32; section 49 is supplemented by section 3(4)(b) of, and paragraph 4 of Schedule 1, and paragraphs 8, 10 and 17 of Schedule 2 to, the 2003 Actback
[5] S.R. 1979 No. 90; to which the most recent relevant amendments were made by S.R. 1991 No. 327, S.R. 2003 No. 279 and S.R. 2003 No. 471back
[6] S.I. 1988/1846 (N.I. 16)back
[7] S.I. 1995/757 (N.I. 3)back