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The Criminal Justice (Northern Ireland) Order 2004

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This is the original version (as it was originally made).

Interpretation of Part IV

This section has no associated Explanatory Memorandum

33.—(1) In this Part—

“programme service” has the meaning given by Article 30(11);

“publication” has the meaning given by Article 30(11);

“qualifying evidentiary ruling” is to be construed in accordance with Article 21(2);

“the relevant condition” is to be construed in accordance with Article 22(2) and (3);

“relevant programme” has the meaning given by Article 30(11);

“rules of court” means—

(a)

Crown Court rules; and

(b)

rules made under section 55 of the Judicature (Northern Ireland) Act 1978 (c. 23);

“ruling” includes a decision, determination, direction, finding, notice, order, refusal, rejection or requirement.

(2) Any reference in this Part (other than Article 32(2)(c)) to a judge is a reference to a judge of the Crown Court.

(3) There is to be no right of appeal under this Part in respect of a ruling in relation to which the prosecution has previously informed the court of its intention to appeal under either Article 17(4) or 21(5).

(4) Where a ruling relates to two or more offences but not all of those offences are the subject of an appeal under this Part, nothing in this Part is to be regarded as affecting the ruling so far as it relates to any offence which is not the subject of the appeal.

(5) Where two or more defendants are charged jointly with the same offence, the provisions of this Part are to apply as if the offence, so far as relating to each defendant, were a separate offence (so that, for example, any reference in this Part to a ruling which relates to one or more offences includes a ruling which relates to one or more of those separate offences).

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