The Crown Court (Amendment) Rules (Northern Ireland) 2011

Amendment to the Crown Court Rules (Northern Ireland) 1979

3.  The Crown Court Rules (Northern Ireland) 1979 are amended as follows —

(1) for rule 46, substitute —

“Manner of application where no other procedure specified

46.   Where no other provision is made in these Rules as to the way in which an application is made to the Court (otherwise than at the trial) under these Rules, the application shall be made in writing and delivered to the chief clerk and a copy thereof given to every other party to the proceedings.”;

(2) in rule 55, at the end, insert —

““chief clerk” means the chief clerk of the Court at the place where the proceedings under the Crime (International Co-operation) Act 2003 are to be heard and includes such other civil servant in the Department of Justice as may be authorised to act on his behalf for the purpose in question.”;

(3) in rule 58, omit paragraph (3);

(4) after rule 58, insert—

“Notice of application for a domestic freezing order

58A.— (1) An application under section 10(1) (domestic freezing orders) shall be made by giving notice in writing to the chief clerk and shall be accompanied by –

(a) the certificate, referred to in section 11, completed by the applicant; and

(b) either the request made under section 7, or an indication of when such a request will be made.

(2) Where the judge makes a domestic freezing order under section 10(1) the chief clerk shall, within 14 days of the date the order was made, send to the Secretary of State –

(a) the domestic freezing order;

(b) the certificate completed by the applicant; and

(c) either the request under section 7, or an indication of when such a request will be made.

Variation or revocation of a domestic freezing order

58B.— (1) An application to vary or revoke a domestic freezing order under section 12 shall be made in writing and shall specify each material change of circumstances which the applicant alleges has occurred since the order 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 in circumstances occurs.

(3) Any party who wishes to oppose the application shall, within 7 days of the date notice of application was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it.

(4) Except where notice is received in accordance with paragraph (3), the Court may -

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

(b) direct a hearing.

(5) Where a party to the proceedings notifies the chief clerk in accordance with paragraph (3) of his opposition to the application, the Court may direct a hearing of the application.

(6) Where a hearing of the application is to take place in accordance with paragraphs (4) or (5) the chief clerk shall notify each party to the proceedings of the time and place of the hearing.

(7) A party notified in accordance with paragraph (6) may be present at the hearing and be heard.

(8) 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

(9) Where the judge makes an order to vary or revoke a freezing order under section 12, the chief clerk shall, as soon as reasonably practicable, send a copy of that order to the Secretary of State.”;

(5) after rule 60, insert –

“Consideration of an overseas freezing order

60A.— (1) In proceedings before a Court nominated under section 21, the Court shall consider whether to give effect to the freezing order—

(a) save in exceptional circumstances, on the next business day after receipt of a copy of the order from the Secretary of State; and

(b) in any event within 5 business days of receipt of the order.

(2) The Court shall not consider an overseas freezing order unless it is satisfied that the Chief Constable has -

(a) been given notice of the order; and

(b) had an opportunity to be heard.

(3) The Court may consider an overseas freezing order-

(a) without a hearing; or

(b) at a hearing in private or public.

(4) The chief clerk shall, as soon as reasonably practicable, give notice of any decision of the Court in respect of an overseas freezing order to the Secretary of State.

(5) In this rule “business day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday.

(6) In paragraph (5) “bank holiday” means a day which is, or is to be observed as, a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971.

Release of evidence subject to an overseas freezing order

60B.— (1) An application under section 25 for the release of evidence which is subject to an overseas freezing order shall be made by giving notice in writing and shall state the reasons why the evidence should be released.

(2) An application under paragraph (1) shall be served on the chief clerk, and on each of the parties to the proceedings, as soon as reasonably practicable, after the reasons for making the application occur.

(3) Any party who wishes to oppose the application shall, within 7 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.

(4) Except where notice is received in accordance with paragraph (3), the Court may -

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

(b) direct a hearing.

(5) Where a party to the proceedings notifies the chief clerk in accordance with paragraph (3) of his opposition to the application, the Court may direct a hearing of the application.

(6) Where a hearing of the application is to take place in accordance with paragraphs (4) or (5) the chief clerk shall notify each party to the proceedings of the time and place of the hearing.

(7) A party notified in accordance with paragraph (6) may be present at the hearing and be heard.

(8) 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.

(9) Where the Court makes an order under section 25 the chief clerk shall, as soon as reasonably practicable, give notice of that order to the Secretary of State.”; and

(6) in the Schedule, in Forms 6 and 7A —

(a) omit—

(i) “Name of PSNI Central Process Office”; and

(ii) “Central Process Office or District Command Unit reference number”;

(b) for “DPP reference number”, substitute “PPSNI reference number”; and

(c) below “PPSNI reference number”, insert “ICOS reference number if known”.