The Criminal Appeal (Offenders Assisting Investigations and Prosecutions) Rules (Northern Ireland) 2008

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make provision for applications relating to the review of sentences of offenders offering assistance to prosecutors and investigating officers under section 74 of the Serious Organised Crime and Police Act 2005 (‘the 2005 Act’) and Parts 4 and 5 of the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006 (‘the 2006 Order’).

Under the 2005 Act and the 2006 Order, the Court of Appeal may, on an application by a specified prosecutor or offender, review Crown Court decisions regarding the sentencing of offenders who

• received a reduced sentence on the basis of an agreement to assist prosecutors or investigators but subsequently knowingly failed to give assistance; or

• gives or agrees to give assistance or further assistance after having been sentenced.

In particular, the Rules;

• prescribe procedure in relation to a notice of appeal or an application for leave to appeal made by a specified prosecutor or an offender under section 74(8) of the 2005 Act;

• make provision in relation to provision of notes of the original trial to the Court of Appeal by the trial judge;

• provide that the provisions Rules 5 to 13 of Order 79 of the Rules of the Supreme Court (Northern Ireland) 1980(1) governing bail and custody orders made in the Court of Appeal shall apply to applications made under Article 25 of the 2006 Order;

• make provision in relation to the right of an unrepresented appellant to be present at the hearing of his appeal;

• prescribe the procedure to be followed in relation to application for an order for the production of a document, exhibit or other thing, or for a witness to attend to be examined;

• make provision in relation to the supply of copies of documents and exhibits, excepting transcripts;

• make provision in relation to applications which may be heard by a single judge and in relation to applications by aggrieved parties for decisions of the judge to be determined by the Court;

• prescribe the procedure for making an application to the Court of Appeal for leave to appeal to the House of Lords under Part 5 of the 2006 Order; and

• prescribe procedure governing the abandonment of proceedings by the appellant.

(1)

S.R. 1980 No.346