This Statutory Rule has been made in part to correct errors in S.R.2021/16 and is being issued free of charge to all known recipients of that Statutory Rule.
2023 No. 68
Court Of Judicature, Northern IrelandCrown Court
The Crown Court (Amendment) Rules (Northern Ireland) 2023
Made 27 February 2023
Laid before Parliament 26 April 2023
Coming into operation in accordance with Rule 1
The Crown Court Rules Committee makes the following Rules in exercise of the powers conferred by sections 52(1) and 53A of the Judicature (Northern Ireland) Act 1978, and section 11(1) of the Crime (Overseas Production Orders) Act 2019.
Citation and commencement
1 
These Rules shall be cited as the Crown Court (Amendment) Rules (Northern Ireland) 2023 and shall come into operation on the twenty-first day after the date upon which this instrument is laid before Parliament.
Amendment to the Crown Court Rules (Northern Ireland) 1979
2 
The Crown Court Rules (Northern Ireland) 1979 are amended as follows:
(1) In rule 62O(4), after “Secretary of State” insert “, or on a prescribed person,”.
(2) In rule 62P—
(a) in sub-paragraph (3), omit “Subject to rule 62Q(7)(c),”;
(b) in sub-paragraph (3)(a), before “apply” insert “subject to rule 62Q(7)(c),”;
(c) in sub-paragraph (3)(b), before “include” insert “subject to rule 62Q(7)(c),”;
(d) in sub-paragraph (3)(c), before “serve” insert “subject to rule 62Q(7)(b),”; and
(e) after sub-paragraph (6), insert—“
(7) The chief clerk must as soon as practicable serve on the applicant for the overseas production order under rule 62O any order made on an application under this rule, and—
(a) in the event that the Court varies the overseas production order, the applicant under rule 62O must serve the order as varied on the Secretary of State, or on a prescribed person, for service on the respondent on whom the overseas production order first was served;
(b) in any other event, the applicant under rule 62O must serve the order made on the application under this rule on every other person served under paragraph 3(c).”.
(3) In rule 62Q—
(a) in sub-paragraph (3)(b)(iii), after “present;” omit “or”;
(b) in sub-paragraph (3)(b)(iv), for “the absentee has waived the opportunity to attend”, substitute “it would prejudice the investigation to adjourn or postpone the application so as to allow the absentee to attend; or”; and
(c) after sub-paragraph 3(b)(iv), insert—“
(v) the absentee has waived the opportunity to attend.”.
Siobhan Keegan
S Treacy
J O’Neill
Gavan Duffy
M Agnew
John O’Hara
Dated 27th February 2023In exercise of the powers conferred upon me by section 53A of the Judicature (Northern Ireland) Act 1978, I allow these Rules.Signed by the authority of the Lord Chancellor
Mike Freer
Parliamentary Undersecretary of State
Ministry of Justice
Dated 19 April 2023