The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2006

EXPLANATORY NOTE

(This note is not part of the Order)

These Rules amend the Magistrates’ Court Rules (Northern Ireland) 1984 (“the principal Rules”) to prescribe the procedure relating to applications for leave for a witness (other than the accused) who is outside the United Kingdom to give evidence by live link.

Rule 2(1) inserts new Rule 149C to 149E into the principal Rules. New Rules 149C(1) and (2) provide that such an application should be made not less than 14 days before the day fixed for commencement of the preliminary investigations or preliminary inquiry by giving notice in the prescribed form. New Rule 149C(3) sets out the procedure to be followed by any party who wishes to oppose the application.

New Rules 149C(4) to (7) provide that the court may direct a hearing of an application where notice of opposition is given or where the court considers that it is appropriate to do so and provide that where no notice of opposition is received, the court may determine the application in favour of the applicant without a hearing.

New Rule 149C(8) provides that the clerk of petty sessions shall notify the parties of the decision of the court and, where leave is granted, prescribes certain information which shall be set out in that notification.

New Rules 149(9) provides that when dealing with an application for a witness outside the United Kingdom to give evidence by live link, the court may specify, as a condition of granting leave, that the witness should give evidence in the presence of a particular person who is able to answer under oath or affirmation any questions the court may put as to the circumstances in which the evidence is given.

New Rule 149C(10) provides that the court may extend any time limit for the service of a notice required under the Rule.

New Rule 149D provides that the court may abridge the time for service of an application under New Rule 149C. New Rules 149D(1) and (2) prescribe the form of an application for abridgement.

New Rule 149D(3) provides that an application for abridgement may be determined by a resident magistrate without hearing. New Rule 149D(4) provides that, where an application for abridgement of time is granted, direction also be given by the resident magistrate as to the period within which notice of opposition to an application under New Rule 149C(4) should be given.

New Rule 149D(5) provides that the clerk of petty sessions shall notify the parties of the decision of the court.

New Rule 149E provides that the court may allow notices required to be given under New Rules 149C and 149D to be given in a different form or orally.

Rule 2(2) amends Schedule 1 to the principal Rules to insert new Forms 88G and 88H for use in connection with applications prescribed by these Rules.