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The Criminal Appeal (Trial without jury where danger of jury tampering and Trial by jury of sample counts only) Rules (Northern Ireland) 2006

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1.—(1) These Rules may be cited as the Criminal Appeal (Trial without jury where danger of jury tampering and Trial by jury of sample counts only) Rules (Northern Ireland) 2006 and shall come into operation on 8th January 2007.

(2) In these Rules—

Court” means the Court of Appeal of Northern Ireland;

“the 2003 Act” means the Criminal Justice Act 2003;

“the 2004 Act” means the Domestic Violence, Crime and Victims Act 2004;

“appeal” means—

(a)

an appeal under section 47 of the 2003 Act from—

(i)

the refusal by a judge at a hearing mentioned in section 45(2)(b) of an application to which section 45 applies or from an order of a judge at such a hearing under section 44 which is made on the determination of such an application, or

(ii)

an order under section 46(3) or (5) of the 2003 Act; or

(b)

an appeal under section 18A of the 2004 Act from the refusal by a judge at a hearing mentioned in section 18(1)(b) of an application under section 17 or from an order of a judge at such a hearing under section 17(2) which is made on the determination of such an application,

and “application for leave to appeal” shall be construed accordingly;

“chief clerk” means the chief clerk of the Crown Court which made the order or ruling which is the subject of the appeal;

“judge of the Crown Court” means the judge of the Crown Court who has conduct of the proceedings;

“proper officer” means the Master (Queen’s Bench and Appeals) and includes any other officer of the Supreme Court directed by the Lord Chief Justice to exercise the powers and duties of the Master (Queen’s Bench and Appeals).

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