The Northern Ireland (Sentences) Act 1998 (Sentence Review Commissioners) Rules 1998

Ancillary decisions

11.—(1) The Commissioners may take any ancillary decision they consider appropriate including:

(a) the grant or refusal of leave to do any act;

(b) the giving, variation or revocation of any direction as to the conduct of the case in respect of matters such as—

(i) the timetable for the case,

(ii) the varying of the time within which or by which an act, required or authorised by these Rules, be done,

(iii) the service of documents,

(iv) the submission and production of evidence,

(v) the curing or waiving of irregularities,

(vi) the listing, location and adjournment of hearings,

(vii) the readiness of the case for being made the subject of a preliminary indication;

(c) the giving or refusal of legal aid directions; and

(d) the appointment of representatives.

(2) The Commissioners may take ancillary decisions of their own motion, pursuant to an application made during the course of a hearing, or an ancillary application made in accordance with rule 12 (in which case the single Commissioner shall determine the application as provided by rule 12(5)).

(3) Subject to paragraph (5), the Commissioner shall serve written notice of any ancillary decision on the parties.

(4) Where a party makes an application for an ancillary decision during the course of a hearing, the panel shall consider whether to adjourn the hearing in order to allow the other party to respond to the application.

(5) Where the Panel takes an ancillary decision during the course of a hearing they shall inform the parties of this orally and the requirement to serve written notice of the ancillary decision shall not apply.

(6) Where the panel takes an ancillary decision, whether in determining an ancillary appeal or otherwise, their decision shall be final.