The Crown Court (Prosecution Appeals) Rules (Northern Ireland) 2005

Request for adjournment to consider whether to appeal

2.—(1) Subject to paragraph (2), a request by the prosecution for an adjournment under Article 17(4)(b) of the 2004 Order shall be made to the judge immediately following the making of a ruling to which Article 17 of the 2004 Order applies.

(2) Where the ruling is a ruling that there is no case to answer, an application by the prosecution under paragraph (1) shall be made immediately following that ruling, notwithstanding that the prosecution may also nominate one or more other rulings to be the subject of the appeal.

(3) The judge shall grant the request for an adjournment under Article 17(4)(b) of the 2004 Order unless there are exceptional circumstances which make it necessary for the prosecution to indicate immediately whether or not it intends to appeal.

(4) Where the judge grants an adjournment under Article 17(4)(b) of the 2004 Order, the trial shall be adjourned –

(a) until the next business day; or

(b) where there are exceptional circumstances, for such longer period as the judge considers necessary.

(5) Subject to paragraph (6), as soon as is reasonably practicable after the prosecution informs the judge that it intends to appeal or requests an adjournment to consider whether to appeal, the chief clerk shall provide a transcript of the ruling which is the subject of the proposed appeal to –

(a) the prosecution;

(b) the defendant; and

(c) any interested party.

(6) Where the ruling which is the subject of the proposed appeal is a public interest ruling, the judge may direct that paragraphs (5)(b) and (c) shall not apply.