The Crown Court (Amendment) Rules (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Crown Court Rules (Northern Ireland) Rules 1979 (“the principal Rules”) to prescribe the procedure relating to –

• applications to adduce evidence of bad character under Part II of the Criminal Justice (Evidence) (Northern Ireland) Order 2004; and

• notice of intention to adduce hearsay evidence under Part III of that Order.

Rule 2(2) inserts a new rule 44N, which prescribes the procedure to be followed on an application to:

• adduce evidence of the bad character of persons other than the defendant or to cross examine a witness with a view to eliciting such evidence (new rules 44N(1) and (2));

• oppose the admission of evidence the bad character of persons other than the defendant (new rule 44N(3));

• adduce evidence of a defendant’s bad character or to cross examine a witness with a view to eliciting such evidence (new rule 44N(4) to (7));

• exclude evidence of a defendant’s bad character (new rule 44N(8)).

New rule 44N(9) provides that the defendant may waive service of any application or notice. The Court may also allow a notice or application to be given in a different form or orally, and may abridge or extend any of the time limits (new rule 44N(10)).

Rule 2(2) also inserts a new rule 44O, which prescribes the procedure to be followed on an application to –

• adduce hearsay evidence (new rules 44O(1) to (5));

• oppose the admission of hearsay evidence (new rule 44O(6)).

New rule 44O(7) provides that a party may waive his entitlement to be served with any notice under new rule 44O.

New rule 44O(8) provides that the Court may dispense with the requirement to give notice, may allow a notice or application to be given in a different form or orally and may abridge or extend any of the time limits for service of a notice under new rule 44O.

Rule 2(3) amends the Schedule to the principal Rules by inserting new Forms 7E to 7I for use in connection with applications prescribed by these Rules.