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The Criminal Evidence (Northern Ireland) Order 1999

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This is the original version (as it was originally made).

Further provisions about directions under Article 24

25.  (1)  Subject to paragraph (2), a direction has binding effect from the time it is made until the witness to whom it applies is discharged.

  • In this Article “direction” means a direction under Article 24.

(2) The court may discharge a direction if it appears to the court to be in the interests of justice to do so, and may do so either—

(a)on an application made by a party to the proceedings, if there has been a material change of circumstances since the relevant time, or

(b)of its own motion.

(3) In paragraph (2) “the relevant time” means—

(a)the time when the direction was given, or

(b)if a previous application has been made under that paragraph, the time when the application (or last application) was made.

(4) The court must state in open court its reasons for—

(a)giving, or

(b)refusing an application for, or for the discharge of, or

(c)discharging,

a direction and, if it is a magistrates' court, must cause them to be entered in the Order Book.

(5) Rules of court may make provision—

(a)for uncontested applications to be determined by the court without a hearing;

(b)for preventing the renewal of an unsuccessful application for a direction except where there has been a material change of circumstances;

(c)for expert evidence to be given in connection with an application for, or for discharging, a direction;

(d)for the manner in which confidential or sensitive information is to be treated in connection with such an application and in particular as to its being disclosed to, or withheld from, a party to the proceedings.

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