Citation and interpretation

1.—(1) These Rules may be cited as the County Court (Amendment) Rules (Northern Ireland) 2005.

(2) In these Rules, a reference to an Order, Part, Appendix or Form is a reference to that Order, Part, Appendix or Form as numbered in the County Court Rules (Northern Ireland) 1981(3).

Amendment to the principal Rules

2.—(1) Order 32 Part IIA shall be amended by inserting after Rule 6NF, the following new Rules: –

“Procedure for the admission of evidence of bad character

6NG.—(1) A party to an appeal arising out of criminal proceedings in a magistrates' court who wants to adduce evidence of a non-appellant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 5 of the 2004 Order, shall give notice in Form 137N.

(2) Notice under paragraph (1) shall be served on the chief clerk of the appropriate county court division and on every other party to the appeal within 14 days from the date of the service of notice of appeal from the decision of a magistrates' court.

(3) Any party who wishes to oppose the application under paragraph (1) shall, within 14 days from the date on which notice of the application was served on him, notify the chief clerk and every other party to the appeal, in Form 137O, of his opposition.

(4) A party to an appeal arising out of criminal proceedings in a magistrates' court who wants to adduce evidence of an appellant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 6 of the 2004 Order, shall give notice in Form 137P.

(5) Notice under paragraph (4) shall be served on the chief clerk of the appropriate county court division and on every other party to the appeal within 14 days from the date of the service of notice of appeal from the decision of a magistrates' court.

(6) An application by an appellant to exclude bad character evidence shall be in Form 137Q and shall be served on the chief clerk of the appropriate county court division and on every other party to the appeal within 7 days from the date on which the notice under paragraph (4) was served on him.

(7) An appellant who is entitled to have a notice served on him under this Rule may waive his entitlement by so informing the court and the party who would have served the notice.

(8) Without prejudice to the generality of Order 43 Rule 10, the court may, if it considers that it is in the interests of justice to do so, –

(a)allow a notice or application required under this Rule to be given in a different form or orally; or

(b)abridge or extend the time for service of a notice or application required under this Rule, either before or after that period expires.

Procedure for the admission of hearsay evidence

6NH.—(1) This Rule shall apply where a party to an appeal arising out of criminal proceedings in a magistrates' court wishes to adduce evidence on one or more of the grounds set out in Article 18(1)(a) to (d) of the 2004 Order and in this Rule, such evidence is referred to as “hearsay evidence”.

(2) A party who wishes to adduce hearsay evidence shall give notice in Form 137R.

(3) Notice under paragraph (2) shall be served on the chief clerk of the appropriate county court division and on every other party to the appeal within 14 days from the date of the service of notice of appeal from the decision of a magistrates' court.

(4) Any party who wishes to oppose the admission of hearsay evidence under paragraph (2) shall, within 14 days from the date on which notice was served on him, notify the chief clerk and every other party to the appeal, in Form 137S, of his opposition.

(5) A party who is entitled to have notice served on him under this Rule may waive his entitlement by so informing the court and the party who would have served the notice.

(6) Without prejudice to the generality of Order 43 Rule 10, the court may, if it considers that it is in the interests of justice to do so, –

(a)dispense with the requirement to give notice of intention to adduce hearsay evidence;

(b)allow a notice required under this Rule to be given in a different form, or orally; or

(c)abridge or extend the time for service of a notice required under this Rule, either before or after that period expires.”

(2) In Order 32 Part III, Rule 7 shall be amended by inserting after the definition of the “the 1999 Order”, the following definition:

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

(3) Appendix I shall be amended by inserting after Form 137M, the new Forms 137N to 137S in the Schedule to these Rules.

We, the undersigned members of the County Court Rules Committee, having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hand and submit them to the Lord Chancellor accordingly.

Rule 2(3)

SCHEDULEFORMS TO BE INSERTED IN THE COUNTY COURT RULES (NORTHERN IRELAND) 1981

Explanatory Note

(This note is not part of the Rules.)

These Rules amend Order 32 of the County Court Rules (Northern Ireland) 1981 (“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(1) inserts a new Rule 6NG, 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 6NG(1) and (2));

• oppose the admission of evidence of bad character of persons other than the appellant (new Rule 6NG(3));

• adduce evidence of an appellant’s bad character or to cross examine a witness with a view to eliciting such evidence (new Rules 6NG(4) and (5));

• exclude evidence of an appellant’s bad character (new Rule 6NG(6)).

New Rule 6NG(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 6NG(8)).

Rule 2(1) also inserts new Rule 6NH, which prescribes the procedure to be followed on an application to –

• adduce hearsay evidence (new Rules 6NH(1) to (3));

• oppose the admission of hearsay evidence (new Rule 6NH(4)).

New Rule 6NH(5) provides that a party may waive his entitlement to be served with any notice under new Rule 6NH.

New Rule 6NH(6) 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 6NH.

Rule 2(2) inserts a reference to the Criminal Justice (Evidence) (Northern Ireland) Order 2004 into the interpretation provisions in Order 32 of the principal Rules.

Rule 2(3) amends the Appendix I to the principal Rules by inserting new Forms 137N to 137S for use in connection with applications prescribed by these Rules.