The Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 1997

Determination of the application

10.—(1) Subject to paragraph (3), the Court shall determine whether or not to make an order under section 54(3) of the Act on the basis of the written material provided under rules 5, 7, 8 and 9 in the absence of the prosecution, the acquitted person, or of any deponent.

(2) The determination shall not be made and any hearing under paragraph (3) shall not take place before the expiry of—

(a) 10 days after the expiry of the period allowed under rule 8(1), or

(b) where the court has made an order under rule 9(3), 10 days after the expiry of any period allowed by that order.

(3) The Court may, of its own motion, or on the application of the prosecution or acquitted person, order a hearing of the application if it thinks fit.

(4) An application under paragraph (3) shall state whether a hearing is desired in order for a deponent for the other party to attend and be cross-examined and, if so, the reasons for wishing the deponent to attend.

(5) An application under paragraph (3) shall be made no later than 7 days—

(a) after the expiry of the period allowed under rule 8(1); or

(b) where the court has made an order under rule 9(3), after the expiry of any period allowed by that order.

(6) Where a hearing is ordered, the court may, of its own motion or on the application of the prosecution or acquitted person, order a deponent to attend in order to be cross-examined.

(7) The prosecution or the acquitted person, as the case may be, shall within 4 days after lodging an application under paragraph (3) serve a copy of it on the other party and file in the Central Office an affidavit of service.

(8) A party served under paragraph (7) shall, within 5 days of service, file any representations he wishes to make as to whether or not a hearing should be ordered.

(9) The Court shall not determine an application for a hearing under paragraph (3) unless—

(a) an affidavit of service has been filed as required by paragraph (7); and

(b) the period for filing representations allowed under paragraph (8) has expired, or

(c) representations have been filed under paragraph (8).

The requirements imposed by sub-paragraphs (a) and (c) are satisfied even though the affidavit of service or, as the case may be, the representations are filed outside the time limits allowed.

(10) The Central Office shall serve notice on the prosecution and the acquitted person of an order made under the foregoing paragraphs of this rule and where a hearing is ordered, the notice shall—

(a) set out the date, time and place of the hearing; and

(b) give details of any deponent ordered to attended for cross-examination.

(11) A hearing ordered under paragraph (3) above shall be in open court unless the Court otherwise directs.

(12) The Central Office shall serve notice of any order made under section 54(3) of the Act quashing the acquittal or of a decision not to make such an order on the prosecution, the acquitted person; and

(a) where the court before which the acquittal or conviction occurred was a magistrates' court, on the clerk of petty sessions for the petty sessions district for which that court sits;

(b) where the court before which the acquittal or conviction occurred was the Crown Court, on the chief clerk of the Crown Court sitting at the place where the acquittal or conviction occurred.