SCHEDULES

SCHEDULE 4 Examination of Witnesses Out of Court

Part III Supplemental

Protection of witnesses

7

1

In proceedings under Part I of this Schedule the Commissioner may direct that the name and address of any person specified in the letter of request shall not be disclosed to any person other than—

a

the Commissioner and the Commissioner’s officers,

b

the parties to the proceedings and their counsel and solicitors,

c

any judge of the court in the Republic of Ireland issuing the letter of request, and any officers designated by the court, and

d

where the Commissioner considers it to be in the interests of justice, any other person whom the Commissioner specifies in the direction, or any subsequent direction.

2

In proceedings under paragraph 5(1) of this Schedule the court may direct that the name and address of any witness as respects whom a letter of request is sought, or of any witness in the proceedings, shall not be disclosed to any person other than—

a

the court and the officers of the court,

b

the parties to the proceedings and their counsel and solicitors, and

c

where the court considers it to be in the interests of justice, any other person whom the court specifies in the direction, or any subsequent direction.

3

A person contravening a direction under this paragraph shall be liable on summary conviction to a fine not exceeding £200, or to imprisonment for a term not exceeding six months, or to both.

Procedure

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1

Subject to the preceding provisions of this Schedule, the procedure in Northern Ireland pursuant to, or as respects, letters of request received from, or transmitted to, the Republic of Ireland may be prescribed by rules of court.

2

The rules of court may apply, or make provision comparable to, the procedure in civil proceedings for letters of request received from, or transmitted to, the Republic of Ireland or any other country, with or without any modifications or exceptions.

3

In the application of this Schedule to letters of request issued, in the Republic of Ireland or in Northern Ireland, in connection with an appeal, references to the accused shall be taken as references to the appellant.