Rules of the Superior Courts (Criminal Justice Act 1999) 2005
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: Order 85 of the Rules of the Superior Courts is amended by the insertion of the following rule as rule 10 of Order 85 immediately after the existing rule 9 thereof.
“10.(1) In this rule, save where the context otherwise requires, “the Act” means the Criminal Procedure Act 1967 as amended by the Criminal Justice Act 1999 .
(2) The following applications shall be brought by notice of motion (and without any affidavit), bearing the title of the proceedings to which they relate:
(i) An application pursuant to section 4E(1) of the Act to dismiss one or more of the charges against an accused;
(ii) An application pursuant to section 4F(1) of the Act for an order for the taking of evidence by way of sworn deposition or through a live television link pursuant to Part III of the Criminal Evidence Act 1992 or section 39 of the Criminal Justice Act 1999 through such a link:
(iii) An application in relation to a certificate concerning a publication or broadcast in contravention of section 4J(1) of the Act.
(3) Where any application pursuant to sub-rule (2) above is brought by an accused, notice of such application shall be given to the Director of Public Prosecutions not less than fourteen days before the date on which the application is due to be heard and in a case where there is more than one accused, such notice shall also be given to the other accused.
(4) In the case of an application brought by the Director of Public Prosecutions notice of the said application shall be served on the accused or all of them, if more than one, not less than fourteen days before the date upon which the application is due to be heard.
(5) In any case concerning an application or inquiry relating to a certificate issued pursuant to section 4J(2) of the Act or relating to an order sought under section 4K(3 of the Act, such application shall be on notice to the person, body or party concerned and the moving party shall give fourteen days' notice of the date of hearing for such application to every other party to the proceedings.
(6) In any case where, on an ex parte application made to it for that purpose, the Court is satisfied that the interests of justice so require, it may direct that any application pursuant to Part IA of the Act be made on such shorter period of notice than that provided for in section 4E(2) of the Act or as required pursuant to sub-rule (4) or (5) above.
(7) The Court may give directions for the filing of affidavits or oral evidence as it thinks proper in the circumstances or such other directions as to service as appear appropriate.”
num: 2
paragraphs: This rule shall come into operation on the 8th day of July 2005 and shall apply to any proceedings in being after the commencement of Part III of the Criminal Justice Act 1999 other than those already returned for trial before that commencement date.
num: 3
paragraphs: This rule shall be construed together with the Rules of the Superior Courts 1986 to 2005 and may be cited as the Rules of the Superior Courts (Criminal Justice Act 1999) 2005.
EXPLANATORY NOTE
(This does not form part of the instrument and does not purport to be a legal interpretation)
These Rules amend Order 85 of the Rules of the Superior Courts.