Statutory Rules of Northern Ireland

" "the 2004 Order" means the Criminal Justice (Evidence) (Northern Ireland) Order 2004;".

    (2) Rule 7 shall be amended as follows -

(a) by inserting after paragraph (2), the following new paragraph -

    " (2A) Form 7 need not be submitted in respect of any particular witness or evidence where the appellant has made an application under rule 7A or 7B in respect of that witness or evidence."; and

(b) in paragraph (4), by deleting the words "or is under the sentence of death".

    (3) After rule 7, there shall be inserted the following new rules -

(a) on which leave to appeal is given, where leave is required; or

(b) on which notice of appeal is given in any other case.

The notice served on the proper officer shall be endorsed with the date upon which and the manner in which notice was served on each of the other parties to the appeal.

Note to party who receives a copy of this application:

If you wish to oppose this application you are required within 14 days of the date the application was served on you, to notify the proper officer and every other party to the appeal, in writing, of your opposition, giving reasons for it.

(a) on which leave to appeal is given, where leave is required; or

(b) on which notice of appeal is given in any other case.

The notice served on the proper officer shall be endorsed with the date upon which and the manner in which notice was served on each of the other parties to the appeal.

Note to appellant:

An application by an appellant to exclude bad character evidence shall be in Form 7C and shall be served on the proper officer and on every other party to the appeal within 7 days of the date the notice of intention to adduce the evidence of bad character was served on him.

Details required	Notes
Case details
Name of Crown Court where tried: Name of appellant(s): Details of indictment: Date leave to appeal was given, where leave to appeal is required, or notice of appeal is given in another case:	Details of indictment should include the Bill number and the offences on the indictment which was the subject of the appeal.
Details of party giving notice Surname: Forename: Address:	State the name and address of the party giving notice of hearsay evidence. (If in custody give address where detained)
Details of the notice
To the named recipient of this notice:
I hereby give you notice of my intention to adduce hearsay evidence, details of which are set out below, in these proceedings.
Grounds for admission of hearsay evidence
On which of the following grounds do you intend to adduce hearsay evidence?	Tick as appropriate.
(a) Any statutory provision makes it admissible;      (b) Any rule of law preserved by Article 22, Criminal Justice (Evidence) (Northern Ireland) Order 2004:	Specify which provision of the 2004 Order or other statute, or which rule of law preserved by Article 22 you rely on to adduce the evidence.
(c) All parties to the proceedings agree to it being admissible; or      (d) It is in the interests of justice for it to be admissible.	Where box (d) is ticked, you must specify which of the factors set out in Article 18(2) of the 2004 Order and explain how they are relevant.
Further details of grounds:
Details of hearsay evidence The details of the hearsay evidence are as follows:	Give brief details of the evidence that you want to adduce as hearsay evidence. A complete copy of that evidence must be attached to this notice, if it has not already been served on the other parties.
Extension of time
Are you applying for an extension of time within which to give this notice?
If yes, state your reasons:

(a) leave to appeal is given; or

(b) notice of appeal is given, if leave is not required.

and at the same time a copy thereof should be served on every other party to the appeal.

The notice served on the proper officer shall be endorsed with the date upon which and the manner in which notice was served on each of the other parties to the appeal.

Note to party who receives a copy of this application:

If you wish to oppose the admission of hearsay evidence, you must, within 14 days of the date the notice was served on you, to serve notice of your opposition in Form 7E on the proper officer and every other party to the appeal.

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

• prescribe the procedure relating to the giving of notice of intention to adduce hearsay evidence under Part III of that Order; and

• take account of a number of amendments made to the Criminal Appeal (Northern Ireland) Act 1980 by the Courts Act 2003.

Rule 2(2)(a) amends rule 7 of the principal Rules to provide that an application for an order requiring a witness to attend for examination or for evidence to be received by the Court need not be submitted where the appellant has made an application under rule 7A or 7B in respect of that witness or evidence.

Rule 2(2)(b), (4) and (6) delete references in the principal Rules to "sentence of death" and "capital cases".

Rule 2(3) inserts a new rule 7A, which prescribes the procedure to be followed on an application to -

• adduce evidence of the bad character of persons other than the appellant or to cross examine a witness with a view to eliciting such evidence (new rules 7A(1) and (2));

• oppose the admission of evidence the bad character of persons other than the appellant (new rule 7A(3));

• adduce evidence of an appellant's bad character or to cross examine a witness with a view to eliciting such evidence (new rules 7A(4) and (5));

• exclude evidence of an appellant's bad character (new rule 7A(6)).

New rule 7A(7) provides that the appellant 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 7A(8))

Rule 2(3) also inserts a new rule 7B, which prescribes the procedure to be followed on an application to -

• adduce hearsay evidence (new rules 7B(1) to (5));

• oppose the admission of hearsay evidence (new rule 7B(6)).

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

New rule 7B(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 7B.

Rule 2(5) amends rule 32 of the principal Rules in consequence of section 105 of the Court Act 2005 which -

• extends the time limit, from 14 days to 28 days, within which an application for leave to appeal from a decision of the Court of Appeal may be made to the House of Lords; and

• provides that the time limit runs either from the date of the decision of the Court or the date on which it gives reasons, whichever is the later.

Rule 2(7) amends the Schedule to the principal Rules by inserting new Forms 7A to 7E for use in connection with applications prescribed by these Rules. It also makes a number of minor amendments to existing Forms to take account of these Rules.