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The Rules of the Supreme Court (Northern Ireland) (Amendment) 2009

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Rule 3(3)

SCHEDULE

ORDER 124

SERIOUS CRIME ACT 2007 – SERIOUS CRIME PREVENTION ORDERS

Interpretation

1.  In this Order—

“the 2007 Act” means the Serious Crime Act 2007(1), a section referred to by number means the section so numbered in the Act, and expressions used have the same meaning as in the Act.

Assignment of proceedings

2.  In this Order, the jurisdiction of the High Court under the Act shall be assigned to the Queen’s Bench Division.

Application for a serious crime prevention order

3.(1) An application under section 8(b) for a serious crime prevention order shall be made by originating summons.

(2) The application shall be supported by an affidavit which shall—

(a)specify the provisions of section 3(1) relied upon, and in respect of each such provision, give full particulars of the allegations that the defendant has been involved in serious crime (whether in Northern Ireland or elsewhere);

(b)state the plaintiff’s grounds for contending that the proposed terms of the serious crime prevention order are appropriate for the purpose of protecting the public in accordance with section 1(3); and

(c)give full particulars of any third party whom the plaintiff believes is likely to be significantly affected by the serious crime prevention order and the nature of that adverse effect.

(3) The application shall be accompanied by a draft of the serious crime prevention order for which the application is made and shall specify the dates upon which the plaintiff proposes that the serious crime prevention order should come into force and cease to be in force.

(4) Where it is alleged that the defendant has been convicted of a serious offence in Northern Ireland, the application shall be accompanied by a certificate of conviction.

(5) Where it is alleged that the defendant has been convicted of an offence in another jurisdiction, the plaintiff shall attach—

(a)a document from the appropriate public authority in the jurisdiction concerned certifying that the defendant has, after due process of law, been convicted of the offence; and

(b)where the document is not in English, a translation of that document into English—

(i)certified by a notary public or other qualified person; or

(ii)authenticated by affidavit.

(6) The plaintiff shall serve a copy of the application, affidavit in support and any other documents required under paragraphs (3)-(5) as soon as is practicable upon—

(a)the Court;

(b)the defendant; and

(c)any person on whom the making of the order would be likely to have a significant adverse effect.

(7) The Court shall not determine an application under paragraph (1) unless—

(a)the defendant has had an opportunity to make representations at the hearing of that application; and

(b)any person on whom the making of the order would be likely to have a significant adverse effect has had an opportunity to make representations before the Court about the making of the order.

Application to vary or discharge a serious crime prevention order

4.(1) An application to vary a serious crime prevention order under section 17(2) or to discharge a serious crime prevention order under section 18(1)(b) shall be made by way of notice of motion.

(2) An application under paragraph (1) shall be supported by an affidavit which shall include—

(a)where the applicant is the defendant, details of the change of circumstances affecting the serious crime prevention order;

(b)where the application is to vary a serious crime prevention order, particulars of how the terms of the order as varied would protect the public in accordance with section 17(2);

(c)where the plaintiff seeks to vary a serious crime prevention order—

(i)details of any third party whom he believes is likely to be significantly adversely affected by the proposed variation of the serious crime prevention order; and

(ii)details of the nature of that adverse effect;

(d)where a third party seeks to vary a serious crime prevention order—

(i)particulars of why he believes that he is significantly adversely affected by the order;

(ii)particulars of how condition A or B in section 17 is met; and

(iii)particulars relied upon to establish that the purpose of the application is not to make the serious crime prevention order more onerous on the person who is the subject of the order; and

(e)where a third party applies for the discharge of a serious crime prevention order, particulars of—

(i)why he believes that he is significantly adversely affected by the order; and

(ii)how condition A or B in section 18 is met.

(3) Where the application is to vary or discharge a serious crime prevention order made by the Crown Court, the application must be accompanied by a copy of that order.

(4) Unless the Court otherwise directs, the summons and affidavit in support shall, not less than two days before the date fixed for the hearing of the summons, be filed in the Central Office and be served upon—

(a)the Court; and

(b)where he is not the party bringing the application—

(i)the defendant;

(ii)the plaintiff; and

(iii)any person on whom the applicant is aware the variation or discharge of the order would be likely to have a significant adverse effect.

(5) The Court shall not determine an application under paragraph (1) unless—

(a)the defendant;

(b)the plaintiff; and

(c)any person on whom the order would be likely to have a significantly adverse effect, in accordance with section 17(5) or 18(4),

has had an opportunity to make representations at the hearing of that application.

Application by a third party to make representations in relation to a serious crime prevention order

5.(1) An application by a third party under section 9 to make representations in proceedings in relation to a serious crime prevention order shall contain details of why the third party believes the proposed order would be likely to have a significant adverse effect on him.

(2) An application under paragraph (1) shall be made as soon as is practicable by serving written notice upon—

(a)the Court;

(b)the plaintiff;

(c)the defendant; and

(d)any other person on whom the order would be likely to have a significant adverse effect.

Appeals in relation to serious crime prevention orders

6.(1) Where an appeal is made under either section 35 of the Act or section 23(1) of the 2007 Act in respect of a serious crime prevention order, the appellant shall serve a copy of the notice of appeal on any party to the proceedings which are the subject of the appeal, including any person who was given the opportunity to make representations in these proceedings.

(2) Order 59 (Appeals to the Court of Appeal) applies to an appeal to the Court of Appeal in respect of a serious crime prevention order made by the High Court.

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