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( 3) 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. ”.

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Crown Court Rules (Northern Ireland) 1979 ( S.R. 1979 No. 90) to:

• take account of amendments to section 9 of The Crime (Overseas Production Orders) Act 2019 ( 2019 c.5) made by section 51 of, and paragraph 4 of Schedule 5 to, the Police, Crime, Sentencing and Courts Act 2022 ( 2022 c.32) which provide that an overseas production order shall be served on the Secretary of State or on a prescribed person (rule 2(1));

• amend rule 62P(3) (requirement for service) so that it is subject to rule 62Q(7)(c) (which grants the court a discretion to waive requirements for service) (rule 2(2)(a) – (d));

• provide for service of a varied overseas production order (rule 2(2)(e)); and

• provide that a Court may determine an application for an overseas production order in the absence of any respondent or other person affected if it would prejudice the investigation to adjourn or postpone the application so as to allow the absentee to attend (rule 2(3)).