
1 
These Rules may be cited as the Crown Court (Amendment No. 2) Rules (Northern Ireland) 2011 and shall come into operation on 1st January 2012.
2 
The Crown Court Rules (Northern Ireland) 1979 are amended as follows—
(1) after rule 44CB (Discharge or variation of a special measures direction), insert—“
44CBA. 

(1) An application to disapply or disapply in part the primary rule under Article 9(4)(ba) of the 1999 Order shall be made in writing and shall include such information as the Court requires to make a determination.
(2) An application under paragraph (1) shall be served, by the applicant, on the chief clerk and on each party to the proceedings as soon as reasonably practicable after the witness has expressed that wish.
(3) Paragraphs (6) to (12) of Rule 44B shall apply to an application to disapply or disapply in part the primary rule as they apply to an application for a direction.”; and
(2) in rule 44CD, –
(a) in paragraph (2), omit “Subject to paragraph (3),”; and
(b) omit paragraphs (3) and (4).
(3) in the Schedule, in Form 6, in PART 2, after “State why it is believed that this person should accompany the witness” insert “(include the witness’ views)”.
Declan Morgan
A.R.Hart
M.J.Higgins
Pamela Atchison
M.P.Finegan
Dated 9th December 2011In exercise of the powers conferred by section 55A (3) and (5) of the Judicature (Northern Ireland) Act 1978, I allow these Rules.Sealed with the Official Seal of the Department of Justice on 9th December 2011
David Ford
Minister of Justice
