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Explanatory Memorandum to Criminal Justice (Evidence) (Northern Ireland) Order 2004

Rules of court

31.Article 16makes provision for rules of court to be drawn up requiring the prosecution and co-defendant to give notice of their intention to adduce evidence of a defendant’s bad character. In relation to prosecution evidence such rules must be made. Such rules may also include provision for the defendant to waive any notice requirement.

32.The court is empowered to take a failure to give the required notice into account in considering the exercise of its powers in respect of costs.

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