The Crown Court (Children’s Evidence) (Dismissal of Transferred Charges) Rules (Northern Ireland) 1996

Reply by prosecution

5.—(1) Not later than 7 days from the date of service of notice of intention to apply orally for the dismissal of any charge contained in a notice of transfer, the Director of Public Prosecutions may apply to the Crown Court for leave under paragraph 4(4) of Schedule 1 to adduce oral evidence at the hearing of the application.

(2) Not later than 7 days from the date of receiving a copy of an application for dismissal under rule 4(3) above, the Director of Public Prosecutions may apply to the Crown Court for an oral hearing of the application.

(3) An application under paragraph (1) or (2) above shall be made in writing in Form 2 to the chief clerk specifying the grounds of the application and, in the case of an application under paragraph (2) above, stating whether the leave of the judge is sought under paragraph 4(4) of Schedule 1 to adduce oral evidence. Where leave is sought to adduce oral evidence under paragraph (1) or (2) above, the application should indicate what witnesses it is proposed to call and confirm in relation to each witness that he is not a child to whom paragraph 4(5) of Schedule 1 applies.

(4) Notice of the judge’s determination upon an application under paragraph (1) or (2) above, indicating what witnesses (if any) are to be called, shall be served in Form 3 by the chief clerk on the Director of Public Prosecutions and on any other party to whom the notice of transfer relates.

(5) Where, having received the material specified in rule 3(6) or, as the case may be rule 4(2) above, the Director of Public Prosecutions proposes to adduce in reply thereto any written comments or any further evidence, the Director of Public Prosecutions shall serve any such comments, copies of the statements or other documents outlining the evidence of any proposed witnesses and copies of any video recordings which it is proposed to tender in evidence, and copies of any further documents on the chief clerk not later than 14 days from the date of receiving the said material, and shall at the same time serve copies thereof on all parties to whom the notice of transfer relates. In the case of a defendant, acting in person, copies of video recordings need not be served but shall be made available for viewing by him.

(6) The time for—

(a) making an application under paragraph (1) or (2) above; or

(b) serving any material on the chief clerk under paragraph (5) above,

may be extended, either before or after it expires, by the Crown Court on an application made in accordance with paragraph (7) below.

(7) An application for an extension of time under paragraph (6) above shall be made in writing in Form 2 and shall be served on the chief clerk; and a copy thereof shall be served at the same time on the applicant for dismissal and on any other person to whom the notice of transfer relates.