The Crown Court (Amendment) Rules (Northern Ireland) 2021

Citation and commencement

1.—(1) These Rules shall be cited as the Crown Court (Amendment) Rules (Northern Ireland) 2021.

(2) Except as provided by paragraph (3), these Rules shall come into operation on the twenty-first day after the date upon which this instrument is laid before Parliament.

(3) Rule 2(4) shall come into operation on the same day as section 1(1) to (4) and (7) and sections 2 to 14 of the Crime (Overseas Production Orders) Act 2019, so far as they extend to Northern Ireland, come into force for all remaining purposes.

Amendment to the Crown Court Rules (Northern Ireland) 1979

2.  The Crown Court Rules (Northern Ireland) 1979(1) are amended as follows:

(1) In rule 61—

(a) in the title, after “television” insert “or telephone”;

(b) in sub-paragraph (1), after “links)” insert “or section 31(4) (hearing witnesses in the UK by telephone)”;

(c) in sub-paragraph (2), after “Part 1” insert “or 2”; and

(d) in sub-paragraph (3), after “section 30(1)” insert “or, as the case may be, section 31(1)”.

(2) After rule 62, insert—

“Record of telephone link before a nominated court

62A.— (1) In proceedings before a court nominated pursuant to a notice under section 31(4), the chief clerk shall make a record of the evidence given in the presence of the Court and the information prescribed in paragraph (2).

(2) The information referred to in paragraph (1) is—

(a) details of the request in respect of which the notice under section 31(4) was given;

(b) the date on which, and place at which, the proceedings under Part 2 of Schedule 2 took place;

(c) the name of the witness who gave evidence;

(d) the name of any person who took part in the proceedings as a legal representative or as an interpreter; and

(e) the language in which the evidence was given.

(3) As soon as is reasonably practicable after the proceedings under Part 2 of Schedule 2, the chief clerk shall send to the external authority that made the request a copy of an extract of so much of the record as relates to the proceedings in respect of that request.”.

(3) In rule 62B—

(a) for the title, substitute “Restriction on access to records kept under rules 60, 62, and 62A”; and

(b) for “60 and 62”, substitute “60, 62 and 62A”.

(4) After rule 62M, insert the new Part VIIIB set out in the Schedule to these Rules.

Declan Morgan

Seamus Treacy

John O’Hara

Stephen A Fowler

Gavan Duffy

Dated 18th January 2021

Signed by the authority of the Lord Chancellor

In exercise of the powers conferred upon me by section 53A of the Judicature (Northern Ireland) Act 1978, I allow these Rules.

Alex Chalk MP

Parliamentary Under Secretary of State

Ministry of Justice

Dated 27th January 2021