The Rules of the Supreme Court (Northern Ireland) (Amendment) 2002

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 so as—

(a) to amend Order 116 in consequence of the Terrorism Act 2000 and the Anti-terrorism, Crime and Security Act 2001. In particular Order 116 is amended to:

• substitute any reference to the Prevention of Terrorism (Temporary Provisions) Act 1989 with the appropriate reference under the Terrorism Act 2000;

• provide for the procedure to be followed in relation to applications for an order under paragraph 40 of Schedule 4 to the Terrorism Act 2000; and

• take account of the extended circumstances in which a prosecutor may apply to the High Court for a restraint order, by providing that such an application may be made where a criminal investigation has been started in Northern Ireland with regard to a suspected offence under any of sections 15-18 of the 2000 Act;

  (b)

  to amend Order 121 to provide for the Crown to be given notice where the High Court or Court of Appeal is considering the compatibility of subordinate legislation with Convention rights under the Human Rights Act 1998.