The Criminal Appeal (Retrial for Serious Offences) Rules (Northern Ireland) 2005

Variation or revocation of restrictions on publication

8.—(1) An application by the acquitted person or the Director of Public Prosecutions under section 82(7) of the 2003 Act to vary or revoke an order for restrictions on publication may be made at any time after that order was made.

(2) The application under paragraph (1) shall be made by giving notice in writing which –

(a) shall specify the grounds upon which the applicant seeks to have the order for restrictions on publication varied or, as the case may be, revoked; and

(b) shall be served, by the applicant, on the proper officer and, subject to paragraph (3), on every other party to the section 76 application.

(3) Where the application under paragraph (1) is made by the Director of Public Prosecutions and –

(a) notice of a section 76 application has not been given in accordance with rule 3; and

(b) the Director of Public Prosecutions has indicated that there are reasons why the acquitted person should not be notified of an application for restrictions on publication,

the Court may direct that the application shall not be served on the acquitted person until notice of a section 76 application is served on that person.

(4) Where the Court makes an order varying or revoking restrictions on publication under section 82(7) of the 2003 Act of its own motion or on application (other than one made in accordance with paragraph (3)), the proper officer shall notify every party to the proceedings of the order and the reasons for it.