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

Explanatory Note

(This note is not part of the Rules.)

These Rules prescribe the procedures which apply in the Crown Court in relation to prosecution appeals under Article 17 of the Criminal Justice (Northern Ireland) Order 2004.

Article 17 of the 2004 Order provides for a prosecution right of appeal to the Court of Appeal against rulings by a judge of the Crown Court, made at any time (whether before or after the commencement of the trial) before the judge starts his summing-up to the jury, that have the effect of terminating the trial.

Rule 2 makes provision in relation a request by the prosecution for an adjournment to consider whether to appeal in respect of a ruling. It prescribes the manner in which such a request shall be made and the period for which the case shall be adjourned.

Rule 3 prescribes the manner in which the prosecution shall inform the judge of its intention to appeal and provides for the making an oral application for leave to appeal.

Rule 4 makes provision for the procedure to be applied when determining whether an appeal should be expedited.

Rule 5 prescribes the manner in which documents required to be served under these Rules may be served.

Rule 6 makes transitional provision in relation to the definition of a “public interest ruling”.