CROWN COURT PART 1 INTRODUCTION Citation and Commencement 1 These Rules may be cited as the Crown Court Rules (Northern Ireland) 1979 and shall come into operation on 18th April 1979. Interpretation 2 1 In these Rules, unless the context otherwise requires,— " the Act" means the Judicature (Northern Ireland) Act 1978; “chief clerk” [ ...] includes such other [ civil servant in the Department of Justice] as may be authorised to act on his behalf for the purpose in question; “ committal proceedings ” means proceedings before a magistrates' court conducting a preliminary investigation or preliminary enquiry; “ depositions ” means depositions taken before a magistrates' court and includes written statements tendered in evidence under section 3 of the Criminal Procedure (Committal for Trial Act) (Northern Ireland) 1968 , and document exhibited to such depositions or statements and the statement of the accused; “ judge ” means a judge of the High Court or a county court judge; “ magistrates' court ” means a court under the Magistrates' Courts Act (Northern Ireland) 1964 or the Children and Young Persons Act (Northern Ireland) 1968 ; “ prosecutor ” means the Director of Public Prosecutions when the prosecution is being carried on by him; “ Taxing Master ” means the Master (Taxing Office) or such other person as may be designated or appointed to exercise jurisdiction under section 60(1) of the Act; [ “ the 1999 Act ” means the Youth Justice and Criminal Evidence Act 1999.) [ “ the 1999 Order ” means the Criminal Evidence (Northern Ireland) Order 1999 .] [ “ the 2004 Order ” means the Criminal Justice (Evidence) (Northern Ireland) Order 2004 .] 2 In these Rules any reference to a rule or schedule shall be construed as a reference to a rule contained in these Rules or as the case may be, to a schedule thereto; and any reference in a rule to a paragraph shall be construed as a reference to a paragraph of that rule. 3 The forms in the schedule shall be used where applicable with such variations as the circumstances of the particular case require. PART II COSTS BETWEEN PARTIES IN CROWN COURT Taxation of costs 3 1 Where [ ...] the Court has made an order for the costs of any proceedings to be paid by a party and the Court has not fixed a sum, the amount of the costs to be paid shall be ascertained as soon as possible by the Taxing Master. 2 On taxation there shall be allowed such sum as is reasonably sufficient to compensate the party for the expenses properly incurred by him. Review by Taxing Master 4 1 Any party dissatisfied with the taxation of any costs by the Taxing Master under rule 3 may apply to him to review his decision. 2 The application shall be made by giving notice to the Taxing Master and to any other party to the taxation within 14 days of the taxation specifying the items in respect of which the application is made and the grounds of objection. 3 Any party to whom notice is given under the preceding paragraph may within 14 days of the service of the notice deliver to the Taxing Master answers in writing— to the objections specified in that notice and, if he does, shall send copies to the applicant for the review and to any other party to the taxation. 4 The Taxing Master shall reconsider his taxation in the light of the objections and answers, if any, of the parties and any oral representations made by them or on behalf and shall notify them of the result of his review. 5 Before reaching his decision the Taxing Master may consult the judge who made the order for costs. Appeal to the High Court Judge 5 1 Any party dissatisfied with the result of a review of taxation under rule 4 may, within 14 days of receiving notification thereof, request the Taxing Master to supply him with reasons in writing for his decision and may within 14 days of the receipt of such reasons appeal to the High Court. 2 On the hearing of the appeal the High Court may reverse, affirm or amend the decision appealed against or make such other order as it thinks appropriate. 3 Unless the High Court otherwise directs, no further evidence shall be received on the hearing of the appeal; and no ground of objection shall be valid which was not raised on the review under rule 4. Supplementary provisions 6 1 On a review or an appeal to the High Court the Taxing Master or that Court may make such order as seems just in respect of the costs of the hearing of the review or the appeal, as the case may be. 2 Any time prescribed by rule 4 or 5 may be extended by the Taxing Master or the High Court on such terms as seem just. PART III BAIL Interpretation 7 In this Part, save where the context otherwise requires;— “ application ” means an application to the Court in relation to bail; “ surrender to custody ” means, in relation to a person released on bail, surrendering himself into the custody of the Court or other proper authority (according to the requirements of the order admitting him to bail) at the time and place appointed for him to do so. Applications in relation to bail 8 1 Every application, other than an application during a trial before the Court, shall be made by delivering to the office of the chief clerk at Belfast a notice setting out the grounds of the application and referring to any earlier application to the Court, the High Court or a magistrates' court in the same proceedings 2 An application by a defendant shall be in Form 1 in the schedule and an application by any other person shall be in Form 1A. 3 The chief clerk on receiving the notice shall— a give a copy thereof to the prosecutor, unless he is the applicant, and at the same time inform him by telephone of the terms of the notice; b where the application has been made by the prosecutor or a surety in respect of a defendant who is on bail, give a copy of the notice to that defendant; and c subject to any direction of the Court, list the application for hearing for a time not later than 7 days from the date on which he received the notice and inform the defendant and the prosecutor and, where he is the applicant, the surety of the time and place of the hearing. 4 The hearing shall be at Belfast unless the chief clerk at Belfast, subject to and in accordance with directions of a judge, arranges otherwise. Admission to bail 9 1 Where a defendant is admitted to bail under rule 8, the chief clerk shall forthwith file the order admitting the defendant to bail, and such order shall be in Form 2 in the Schedule. 2 The chief clerk shall give a copy of the order to the defendant by handing it to the person having custody of him. Security instead of recognizances 10 The Court may instead of requiring a person to enter into a recognizance, consent to his giving other security, and such security may be given by that person or on his behalf. Persons to take recognizances 11 1 The Court may direct that a recognizance shall be entered into or other security given before— a a magistrates' court; b a clerk of petty sessions; c an officer of the Court; d in cases to which section 51 (7)(a) of the Act applies, the officer in charge of the police station to which a defendant is taken or a police officer of the rank of inspector or above; or e where the person admitted to bail is in a prison or other place of detention, the governor or keeper of that place. 2 Where the Court gives no direction under paragraph (1), a recognizance may, where the statutory conditions are satisfied, be entered into before any of the persons specified in that paragraph. Manner in which recognizance is to be entered into 12 1 A recognizance may be entered into or security given before a person specified in rule 11(1) on the production to him of a copy of the order admitting the defendant to bail with or without sureties of such number and amount as the Court may direct. 1A A person specified in rule 11(1) before whom a recognizance may be entered into may require, a person offering himself as surety to a recognizance to produce evidence as to his means and as to his identity and place of abode and to sign a certificate that he is possessed of sufficient means to pay the sum in which he is to be bound under the recognizance. 1B Such certificate shall be attached to or endorsed on the recognizance.] 2 Where, in pursuance of an order of the Court, a recognizance is entered into or other security given before any person, it shall be his duty to cause the recognizance or, as the case may be, a statement of the other security given to be transmitted forthwith to the chief clerk; and a copy of the recognizance or statement shall at the same time be sent to the governor or keeper of the prison or other place of detention in which the person named in the order was detained, unless the recognizance was entered into or other security given before such governor or keeper. Estreat of recognizance 13 Where a recognizance has been entered into by or in respect of a defendant admitted to bail to appear before the Court and it appears to the Court that default has been made in performing the conditions of the recognizance, the Court may either of its own motion or on the application of the prosecutor order the recognizance to be estreated in any such sum not exceeding the amount of the recognizance as it thinks fit to order. Forfeiture of security 14 1 Where security has been given by or on behalf of a defendant for his surrender to custody and the Court is satisfied that he failed to surrender to custody, then, unless it appears to the Court that he had reasonable cause for his failure, the Court may either of its own motion or on the application of the prosecutor order the forfeiture of the security in any such sum not exceeding the value thereof as it thinks fit to order. 2 A security which has been ordered to be forfeited under paragraph (1) shall to the extent of the forfeiture— a if it consists of money, be accounted for and paid in the same manner as a fine imposed by the Court would be; and b if it does not consist of money, be enforced by such magistrates' court as may be specified in the order. Procedure for estreat or forfeiture 15 Where the Court is to consider making an order under rule 13 or 14, the chief clerk shall give notice to that effect to the person by whom the recognizance was entered into or security given, indicating the time and place at which the matter will be considered, and no such order shall be made before the expiration of 7 days after the notice required by this paragraph has been given. Recommittal 16 If a defendant has been released on bail and, on the application of the prosecutor or a surety, it appears to the Court that— a he has failed to surrender to custody; b he is in breach of any condition of his bail; or c he is unlikely to surrender to custody, the Court may order that he be recommitted to custody and issue a warrant for his arrest. Variation of order admitting to bail 17 Where the Court has admitted a defendant to bail, it may, on application by the defendant or the prosecutor or a surety,— a vary or dispense with any conditions of bail or impose conditions in respect of bail to which the defendant has been admitted unconditionally; b increase or reduce the amount in which the defendant or any surety is bound; or c require sureties or additional sureties or dispense with any surety. Postponement of taking recognizances 18 The Court may, on making an order admitting to bail, direct that the taking of recognizances be postponed for such period as the Court thinks fit. PART IV INDICTMENTS Material, etc, for indictments 19 1 An indictment shall be on durable paper, and may be produced by one of the following means, that is to say, printing, writing (which must be clear and legible) and typewriting otherwise than by means of a carbon, and may be produced partly by one of those means and partly by another or others of them. 2 Each sheet on which an indictment is set out shall be 297 millimetres long and 210 millimetres wide, and if more than one sheet is required, the sheets shall be fastened together in book form. 3 A proper margin not less than 25 millimetres wide shall be kept on the left-hand side of each sheet. 4 An indictment shall not be open to objection by reason only of any failure to comply with this rule. [ Form of an indictment 20 1 Subject to paragraph (2), an indictment shall be in Form 3 in the Schedule. 2 Where the Court makes an order under section 17 of the Domestic Violence, Crime and Victims Act 2004 for a trial to take place on the basis that the trial of some, but not all, of the counts included in the indictment shall be conducted without a jury, an indictment shall be in Form 3A in the Schedule.] Joining of charges in one indictment 21 Charges for any offences may be joined in the same indictment if those charges are founded on the same facts or form or are a part of a series of offences of the same or a similar character. Mode in which offences are to be charged 22 1 A description of the offence charged in an indictment or, where more than one offence is charged in an indictment, of each offence so charged shall be set out in the indictment in a separate paragraph called a count. 2 A count of an indictment shall commence with a statement of the offence charged, called the statement of offence. 3 The statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and, if the offence charged is on created by statute, shall contain a reference to the section of the statute creating the offence. 4 After the statement of the offence, particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary: Provided that where any rule of law or any statute limits the particulars of an offence which are required to be given in an indictment, nothing in this rule shall require any more particulars to be given than those so required. 5 Where an indictment contains more than one count, the counts shall be numbered consecutively. Provisions as to statutory offences 23 1 Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities, or intentions or other matters stated in the alternative in the enactment may be stated in the alternative in the count charging the offence. 2 It shall not be necessary, in any count charging a statutory offence, to negative any exception or exemption from or qualification to the operation of the statute creating the offence. Description of property 24 1 The description of property in a count in an indictment shall be in ordinary language and such as to indicate with reasonable clearness the property referred to, and if the property is so described it shall not be necessary (except when required for the purpose of describing an offence depending on any special ownership of property or special value of property) to name the person to whom the property belongs or state the value of the property. 2 Where property is vested in more than one person and the owners of the property are referred to in an indictment, it shall be sufficient to describe the property as owned by one of those person by name with others, and if the persons owning the property are a body of persons with a collective name, such as “Trustees", "Commissioners", or "Club” or other such name, it shall be sufficient to use the collective name without naming an individual. Description of person 25 The description or designation in an indictment of the accused person or any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him, without necessarily stating his correct name or his abode, style, degree or occupation; and if, owing to the name of the person not being known, or for any other reason, it is impracticable or undesirable to give such a description or designation such description or designation shall be given as is reasonable in the circumstance, or such person may be described as “a person unknown”. Description of document 26 Where it is necessary to refer any document or instrument in an indictment, it shall be sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof, without setting out any copy thereof. General rule as to description 27 1 Subject to any other provisions of these Rules, it shall be sufficient to describe in ordinary language any place, time, thing, matter, act or omission whatsoever to which it is necessary to refer in any indictment in such a manner as to indicate with reasonable clearness the place, time, thing, matter. Act or omission referred to. 2 Figures shall and abbreviations may be used in an indictment for expressing anything which is commonly expressed thereby. Statement of intent 28 It shall not be necessary in stating any intent to defraud, deceive or injure to state an intent to defraud, deceive or injure any particular person where the statute creating the offence does not make an intent to defraud, deceive or injure a particular person an essential ingredient of the offence. Averment of previous conviction 29 Any averment of a previous conviction of an offence shall be made at the end of the indictment by means of a statement that the person accused has been previously convicted of an offence at a certain time and place without stating the particulars of the offence. Saving for section 33(3) of the Children and Young Persons Act (Northern Ireland) 1968 30 Nothing in these Rules shall affect the provisions of subsection (3) of section 3 of the Children and Young Persons Act (Northern Ireland) 1968 . Presentment of an indictment 31 An indictment shall be deemed to have been presented when it has been received in the office of the chief clerk. Time for presentment 32 1 Subject to the succeeding paragraphs of this rule, an indictment shall be presented not later than 11.00 a.m. on the day prior to the arraignment of the person accused therein. 2 In any case in which a notice of transfer has been given under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988, the indictment shall be presented within 28 days of the giving of notice of transfer. 3 In any case, other than a case to which (2) applies, where the prosecutor considers that the evidence on the indictment is likely to reveal a case of serious or complex fraud, the indictment shall be presented within 28 days of the date of committal. 4 In any case, other than a case to which paragraph (2) applies, where it appears to the judge that a preparatory hearing is likely to be ordered, he may direct that the indictment be presented within 14 days from the date of this direction. 5 The requirements contained in the preceding paragraph of this rule may be waived if— i the accused consents to this course; and ii the court gives leave.] Substitution or amendment of an indictment 33 Subject to section 5 of the Indictments Act (Northern Ireland) 1945, no substituted or amended indictment shall be presented without prior leave of the court. Procedure on application under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 34 Every application to a judge under paragraph (e) of section 2(2) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 for leave to present an indictment shall— i be in writing and signed by the applicant or his solicitor; ii be accompanied by the indictment which it is proposed to present; iii unless the application is made by or on behalf of the Director of Public Prosecutions for Northern Ireland, be accompanied by an affidavit by the applicant, or, if the applicant is a corporation, by an affidavit by a director or officer of the corporation, that the statements contained in the application are, to the best of the deponent's knowledge information and belief, true; iv state whether or not any application has previously been made, whether there have been any committal proceedings, and the result of any such application or proceedings; and v be served on the chief clerk and, subject to Rule 36A, at the same time on the accused, together with any accompanying documents.] 35 1 Where there have been no committal proceedings, the application shall— a state why it is desired to present an indictment without such proceedings; b be accompanied by copies of the statements of the witnesses intended to be examined on behalf of the prosecution, and c state that the evidence shown by these statements will be available at the trial and that the case disclosed by the statements, is to the best of the applicant's knowledge, information and belief, a true case. 2 Where there have been committal proceedings and the magistrates' court has refused to commit the accused for trial, the application shall be accompanied by— a a copy of the depositions; and b the statements of any witnesses whom it is proposed to call so far as their evidence is not contained in the depositions; and the application shall state that the evidence shown by the statements and (except so far as may be expressly stated to the contrary in the application) the evidence shown by the depositions will be available at the trial and that the case disclosed by the depositions and statements is, to the best of the applicant's knowledge, information and belief, a true case. 3 Where the accused has been committed for trial, the application shall state why the application is made and shall be accompanied by copies of the statements of the witnesses intended to be examined on behalf of the prosecution, so far as the evidence shown in those statements is not contained in the depositions, and, unless the depositions have already been transmitted to the judge to whom the application is made, shall also be accompanied by a copy of the depositions; and the application shall state that the evidence shown by the said statements will be available at the trial and that the case disclosed by the depositions and the statements is, to the best of the applicant's knowledge, information and belief, a true case. 4 Any requirement of this rule that an application should be accompanied by a copy of any depositions shall, as respects documents exhibited to those depositions, be satisfied if a copy of such parts only of the exhibits as are, in the opinion of the applicant, material accompanies the application and the application contains an express statement to that effect. 36 1 The accused may, within fourteen days of service of the application under rule 34, serve on the chief clerk— a a written submission giving his reasons for opposing the application; or b an application in writing for leave to make oral submissions, and shall at the same time, serve a copy on the opposite party to the proceedings. 2 An application for leave under paragraph (1)(b) shall be determined by a judge who may direct a hearing and the chief clerk shall notify the parties of the time and place of any such hearing. 3 The chief clerk shall notify all parties of the decision of the court on the application for leave to make oral submissions and, where leave is granted, the notification shall state the time and place at which the submissions will be made. 4 Notwithstanding paragraph (1), the judge may, if he thinks fit before deciding the application— a Require written or oral submission from the applicant or the accused; b Require the attendance of the applicant, the accused or any of the witnesses. 5 Any application for leave to respond orally or in writing to written submissions made under paragraphs (1) or (4) shall be made in writing, specifying the grounds for the application, and served on the chief clerk within seven days of service of the written submission and at the same time, a copy thereof shall be served on the opposite party to the proceedings. 6 An application for leave under paragraph (5) shall be determined by a judge who may direct a hearing and the chief clerk shall notify the parties of the time and place of any such hearing. 7 The chief clerk shall notify all parties of the decision of the court on an application made under paragraph (5) and — a where leave is granted for oral submissions to be made, the notification shall state the time and place at which the submissions will be made; b where leave is granted for written submissions to be made, the notification shall state the period within which the written submissions shall be lodged with the chief clerk and served on the opposite party. 8 Where oral submissions are made under paragraphs (1) or (4)(a) or the applicant, accused or any of the witnesses attends under paragraph (4)(b)— a the attendance before the judge [may take place in private ]; b unless the judge gives a direction to the contrary, the applicant or the accused may attend a solicitor or by counsel. 9 Where the applications under rule 34 for leave to prefer an indictment is determined otherwise than at an oral hearing, the chief clerk shall forthwith notify the parties of the judge's decision. 10 The period of 14 days in paragraph (1) or the period of seven days in paragraph (5) or the time period specified in a notice given under paragraph (7)(b) may be extended, either before or after it expires, on an application made in writing specifying the grounds for the application and served on the chief clerk and a copy of the application shall be served by the applicant on every other party to the proceedings. 11 An application for extension of time under paragraph (10) shall be determined by a judge who may direct a hearing and the chief clerk shall notify the parties of the time and place of any such hearing. 12 The chief clerk shall notify all the parties of the decision of the court on the application for extension of time.] 36A 1 An application to the judge for leave to dispense with service under rule 34 on the accused shall be made in writing and shall be served on the chief clerk. 13 Any application made under paragraph (1) shall specify the grounds for the application.] 37 It shall be the duty of any person having custody of any depositions to give to any person desiring to make an application for leave to present a bill of indictment against the person who was accused when those depositions were taken a reasonable opportunity to inspect the depositions and, if so required by him, to supply him, on payment of the appropriate fee with copies of the depositions or any part thereof. Duty to furnish copy of indictment 38 1 A person charged on indictment shall be supplied before arraignment by the chief clerk with a copy of the indictment free of charge. 2 The cost of supplying a person charged on indictment with a copy of the indictment shall for the purposes of section 1 but not of section 2 of the Costs in Criminal Cases Act (Northern Ireland) 1968 be treated as part of the costs of the prosecution. PART V REFERENCES TO THE EUROPEAN COURT Interpretation 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Orders of the Court 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transmission of the order to the European Court 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjournment pending ruling 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART VI MISCELLANEOUS Special directions pursuant to section 47(2) 43 1 Where directions under section 47(2) of the Act confer power on the Lord Chief Justice to give special directions in regard to particular cases, he may give such directions either of his own motion or on the application of the defendant or the prosecutor. 2 Any such application must be in writing and state the grounds of the application. 3 With a view to giving any special directions the Lord Chief Justice may, if he considers it necessary, direct the parties to appear before him. Time limits for beginning of trials 44 The periods specified for the purposes of paragraphs (a) and (b) of section 48(5) of the Act shall be 8 days and 14 weeks respectively, and accordingly the trial of a person committed by a magistrates' court or whose case has been transferred to the Crown Court under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or [ Article 4 of the Children's Evidence (Northern Ireland) Order 1995]— a shall not begin until the expiration of 8 days beginning with the date of his committal or the date of the giving of the notice of transfer as the case maybe, except with his consent and the consent of the prosecutor, and b shall, unless the court has otherwise ordered, begin not later than the expiration of 14 weeks beginning with the date of his committal or the date of the giving of the notice of transfer, as the case may be.] [ Hearings in Camera 44A 1 Where a prosecutor or a defendant intends to apply for an order that all or part of a trial be held in camera for reasons of national security or for the protection of the identity of a witness or any other person he shall not less than 7 days before the date on which the trial is expected to begin serve a notice in writing to that effect on the chief clerk and shall at the same time serve a copy of the notice on each other party to the proceedings. 2 On receiving such notice, the chief clerk shall forthwith cause a copy thereof to be displayed in a prominent place within the precincts of the Court. 3 An application by a prosecutor or a defendant who has served such a notice for an order that all or part of a trial be heard in camera shall, unless the Court otherwise orders, be made in camera after the defendant has been arraigned but before the beginning of the trial and if such an order is made, the trial shall be adjourned until whichever of the following shall be appropriate— a 24 hours after the making of the order, where no application for leave to appeal from the order is made; or b After the determination of an application to the Court of Appeal for leave to appeal, where the application is dismissed; or c After the determination of the appeal by the Court of Appeal, where leave to appeal is granted. 4 For the purposes of this Rule, a trial shall begin upon the date upon which a defendant is put in charge of the jury or, where the trial is conducted by a judge without a jury under the Northern Ireland (Emergency Provisions) Acts 1978 and 1987 upon the date on which Crown Counsel begins to open the Crown case to the judge.] [ Trial without jury where danger of jury tampering 44AA 1 An application by the prosecution for a trial to be conducted without a jury under section 44 of the Criminal Justice Act 2003 (danger of jury tampering) shall be made by giving notice in writing which shall be in Form 5 in the Schedule. 2 The notice under paragraph (1) shall be served on the chief clerk and every other party to the proceedings within 28 days from the date— a of the committal of the defendant; or b on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given; or c on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given, or d on which an order for retrial is made. 3 Where the grounds for making an application under paragraph (1) do not arise until after the expiry of the time limit specified above, the prosecution shall make the application as soon as reasonably practicable. 4 Any party who wishes to oppose the application under paragraph (1) shall, within 14 days of the date that notice of the application was served on him, notify the chief clerk and every other party to the proceedings, in writing, of his opposition giving reasons for it. 5 An application under paragraph (1) shall be determined by a judge at a hearing on or after the arraignment of the accused and the chief clerk shall notify the parties of the time and place of any such hearing. 6 A party notified in accordance with paragraph (5) may be present at the hearing and be heard. 7 The chief clerk shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 5A in the Schedule. 8 An application to the judge of the Crown Court for leave to appeal under section 47(1) of the Criminal Justice Act 2003 shall be made orally within two days of the making of the order or ruling to which it relates. 9 Unless the application is made on the occasion of the order or ruling to which it relates, the appellant shall serve notice in writing thereof, specifying the grounds of the application on the chief clerk and on every other party to the proceedings directly affected by the order or ruling which is the subject of the application for leave to appeal. 10 The Court may, if it considers that it is in the interests of justice to do so— a allow a notice required under this rule to be given in a different form, or orally; or b extend or abridge the time for service of a notice required under this rule, either before or after that period expires. Trial by jury of sample counts only 44AB 1 An application under section 17 of the Domestic Violence, Crime and Victims Act 2004 ( application by prosecution for certain counts to be tried without a jury ) shall be made by giving notice in writing which shall be in Form 5B in the Schedule. 2 The notice under paragraph (1) shall be accompanied by a copy of the indictment in Form 3A in the Schedule which it would be intended to present if the Court makes an order for the trial to take on the basis that the trial of some, but not all, of the counts included in the indictment may be conducted without a jury and shall be served on the chief clerk and every other party to the proceedings within 28 days from the date— a of the committal of the defendant; or b on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given; or c on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given, or d on which an order for retrial is made. 3 Any party who wishes to oppose the application under paragraph (1) shall, within 14 days of the date that notice of the application was served on him, notify the chief clerk and every other party to the proceedings, in writing, of his opposition giving reasons for it. 4 An application under paragraph (1) shall be determined by a judge at a hearing on or after the arraignment of the accused and the chief clerk shall notify the parties of the time and place of any such hearing. 5 A party notified in accordance with paragraph (4) may be present at the hearing and be heard. 6 The chief clerk shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 5C in the Schedule. 7 An application to the judge of the Crown Court for leave to appeal under section 18A(1) of the Domestic Violence, Crime and Victims Act 2004 shall be made orally within two clays of the making of the order or ruling to which it relates. 8 Unless the application is made on the occasion of the order or ruling to which it relates, the appellant shall serve notice in writing thereof, specifying the grounds of the application, on the chief clerk and on every other party to the proceedings directly affected by the order or ruling which is the subject of the application for leave to appeal. 9 The Court may, if it considers that it is in the interests of justice to do so— a allow a notice required under this rule to be given in a different form, or orally; or b extend the time for service of a notice required under this rule, either before or after that period expires.] [ Application for special measures directions 44B 1 An application for a special measures direction under Article 7 of the 1999 Order, shall be made by giving notice in writing, which shall be in Form 6 in the Schedule. 2 If the application is for a special measures direction— a enabling a witness to give evidence by means of a live link, the information sought in Part 2 of Form 6 shall be provided; b enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the information sought in Part 3 of Form 6 shall be provided; c renabling an examination of a witness to be conducted through an intermediary— i the information sought in Part 4 of Form 6; and ii any relevant report, including an intermediary's assessment, shall be provided.] 3 The application under paragraph (1) shall be made within 28 days from the date— a of the committal of the defendant; or b on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given; or c on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given, or d on which an order for retrial is made. 4 The notice under paragraph (1) shall be served on the chief clerk, and at the same time a copy thereof shall be served, by the applicant, on every other party to the proceedings. 5 Any party on whom a copy of a notice of the application under paragraph (1) is served may oppose the application for a special measures direction in respect of any measure available in relation to the witness, whether or not the question of whether the witness is eligible for assistance by virtue of Article 4 or 5 of the 1999 Order is in issue. 6 Any party who wishes to oppose the application shall, within 14 days of the date of notice of the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it. 7 In order to comply with paragraph (6)— a a party shall state in the written notification whether he— i disputes that the witness is eligible for assistance by virtue of Article 4 or 5 of the 1999 Order; ii disputes that any of the special measures available would be likely to improve the quality of evidence given by the witness or that such measures (or a combination of them) would be likely to maximise the quality of that evidence; and iii opposes the granting of a special measures direction; and b where the application relates to the admission of a copy of a video recording, a party who receives a recording shall provide the information required by rule 44CE(5). 8 Except where notice is received in accordance with paragraph (6), the Court may— a determine the application in favour of the applicant without a hearing; or b direct a hearing. 9 Where a party to the proceedings notifies the chief clerk in accordance with paragraph (6) of his opposition to the application, the Court shall direct a hearing of the application. 10 Where a hearing of the application is to take place in accordance with paragraphs (8) or (9), the chief clerk shall notify each party to the proceedings of the time and place of the hearing. 11 A party notified in accordance with paragraph (10) may be present at the hearing and be heard. 12 The chief clerk shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 7 in the Schedule, and if the application was made for a direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of that witness, the notification shall state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence]. [ Application for an extension of time 44C 1 An application may be made in writing for the period of 28 days specified in rule [ 44B(3)] to be extended. 2 The application may be made either before or after that period has expired. 3 The application shall be accompanied by a statement setting out the reasons why the applicant is or was unable to make the application within that period, and the application and that statement shall be served by the applicant on the chief clerk and every other party to the proceedings. 4 An application for an extension of time under this rule shall be determined by a judge without a hearing unless the judge otherwise directs. 5 The chief clerk shall notify all the parties of the judge's decision.] [ Late Applications 44CA 1 Notwithstanding the requirements of rule [ 44B]— a an application may be made for a special measures direction orally at the trial; or b the Court may of its own motion raise the issue whether a special measures direction should be given. 2 Where an application is made in accordance with paragraph (1)(a)— a the applicant must state the reasons for the late application; and b the Court must be satisfied that the applicant was unable to make the application in accordance with rule [ 44B]. 3 The Court shall determine before making a special measures direction— a whether to allow other parties to the proceedings to make representations on the question; b the time allowed for making such representations (if any); and c whether the question should be determined following a hearing at which the parties to the proceedings may be heard. Discharge or variation of a special measures direction 44CB 1 An application to discharge or vary a special measures direction under Article 8(2) of the 1999 Order shall be made in writing and shall specify each material change of circumstances which the applicant alleges has occurred since the direction was made. 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 change of circumstances occurs. 3 Any party on whom an application is served in accordance with paragraph (2) may oppose the application on the ground that it discloses no material change of circumstances. 4 Paragraphs (6) to (12) of rule [(a)44B] shall apply to an application to discharge or vary a special measures direction as they apply to an application for a direction. [ Application to disapply or disapply in part the primary rule 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.] Renewal application following a material change of circumstances 44CC 1 Where an application for a special measures direction has been refused by the Court, the application may only be renewed (“ renewal application ”) where there has been a material change of circumstances since the Court refused the application. 2 The applicant shall— a specify in the renewal application each material change of circumstances which is alleged to have occurred; and b serve the renewal application on the chief clerk, and on each party to the proceedings, as soon as reasonably practicable after the change occurs. 3 Any party on whom the application is served in accordance with paragraph (2)(b) may oppose the application on the ground that it discloses no material change of circumstances. 4 Paragraphs (6) to (12) of rule [ 44B] and rules 44CD and 44CE shall apply to a renewal application as they apply to the application which was refused. Application for a special measures direction for witness to give evidence by means of a live link 44CD 1 Where the application for a special measures direction is made in accordance with rule [ 44B(2)(a)], for a witness to give evidence by means of a live link, the following provisions of this rule shall also apply. 2 [ ...] a party who seeks to oppose an application for a child witness] to give evidence by means of a live link must, in order to comply with rule [ 44B(6)], state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness's evidence. [ ...] Video recording of testimony from witnesses 44CE 1 Where an application is made for a special measures direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the following provisions of this rule shall also apply. 2 Notice of the application made in accordance with rule [ 44B(1)] shall be accompanied by the video recording (or, as the case may be, a copy of the video recording) which it is proposed to tender in evidence and shall include— a the name of the defendant and the offence to be charged; b the name and date of birth of the witness in respect of whom the application is made; c the date on which the video recording was made; d a statement as to whether, and if so at what point in the video recording, an oath was administered to, or a solemn declaration made by, the witness; e a statement that, in the opinion of the applicant, either— i the witness is available for cross-examination; or ii the witness is not available for cross-examination and the parties have agreed that there is no need for the witness to be so available; f a statement of the circumstances in which the video recording was made which complies with paragraph (4); and g the date on which the video recording was disclosed to the other party or parties. 3 Where it is proposed to tender part only of a video recording of an interview with the witness, the application must specify that part and be accompanied by a video recording of the entire interview, including those parts which it is not proposed to tender in evidence, and by a statement of the circumstances in which the video recording of the entire interview was made which complies with paragraph (4). 4 The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(f) and (3) shall include the following information, except in so far as it is contained in the recording itself:— a the times at which the recording commenced and finished, including details of interruptions; b the location at which the recording was made and the usual function of the premises; c in relation to each person present at any point during, or immediately before, the recording— i [ his] name, age and occupation; ii the time for which each person was present; and iii the relationship, if any, of each person to the witness and to the defendant; iv whether or not the person present was there to act as an intermediary for a witness, and, if so, whether an application under Article 17 of the 1999 Order for the use of an intermediary has been made or will be made, and whether the intermediary made the declaration as set out in Form 7Q before acting.] ca in relation to each person present at any point during the recording, a statement confirming that the said person when present is visible in the recording;] d in relation to the equipment used for recording— i a description of the equipment; ii the number of cameras used; iii whether the cameras were fixed or mobile; iv the number and location of the microphones; v the video format used; and vi whether it offered single or multiple recording facilities and, if so, which were used; and e the location of the master tape if the video recording is a copy and details of when and by whom the copy was made. 5 A party who received a copy of a recording under paragraph (2) shall within 14 days of the date on which it was served on him, notify the applicant and the chief clerk, in writing— a whether he objects to the admission under Article 15 of the 1999 Order or any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interest of justice for the recording or any part of it to be admitted; b whether he would agree to the admission of part of the video recording or recordings and if so, which part or parts; and c whether he wishes to be represented at any hearing of the application. 6 Notwithstanding the provisions of rule [ 44B] and this rule, a copy of any video recording which the defendant proposes to tender in evidence need not be sent to the prosecution until the close of the prosecution case at the trial. 7 The Court may determine an application by the defendant to tender in evidence a video recording even though a copy of the recording has not, in accordance with paragraph (6), been served upon the prosecution. 8 Where a copy of a video recording which is the subject of a special measures direction is sent to the prosecution after the direction has been made, the prosecutor may apply to the Court for the direction to be varied or discharged. 9 An application under paragraph (8) may be made orally to the Court. 10 A prosecutor who makes an application under paragraph (8) shall state— a why he objects to the admission under Article 15 of the 1999 Order of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted; and b whether he would agree to the admission of part of the video recording or recordings and if so, which part or parts. 11 The Court shall, before determining the application;— a direct a hearing of the application; and b allow all the parties to the proceedings to be present and be heard on the application. 12 The chief clerk shall notify all parties to the proceedings of the decision of the Court as soon as reasonably practicable after the decision is given. 13 Any decision varying a special measures direction must state whether the whole or specified parts of the video recording or recordings subject to the application are to be admitted in evidence. Expert Evidence 44CF Any party to the proceedings who proposes to adduce expert evidence (whether of fact or opinion) in connection with an application or renewal application for, or an application to vary or discharge, a special measures direction shall, not less than 14 days before the date set for the trial to begin— a serve the other party or parties to those proceedings with a statement in writing of any finding or opinion which he proposes to adduce by way of such evidence; and b where a request is made to him in that behalf by any other party to those proceedings, provide that party also with a copy of (or if it appears to the party proposing to adduce the evidence to be more practicable, a reasonable opportunity to examine) the record of any observation, test, calculation or other procedure on which such finding or opinion is based and any document or other thing or substance in respect of which any such procedure has been carried out.] [ Prohibition on cross-examination of particular witness 44D 1 An application by the prosecutor for a direction under Article 24 of the 1999 Order in relation to any witness shall be made by giving notice in writing to the chief clerk and at the same time the applicant shall serve a copy thereof on every other party to the proceedings. 2 In an application under paragraph (1), the prosecutor shall state why, in his opinion— a the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the defendant in person; b the evidence would be improved if a direction were given Article 24(2) of the 1999 Order; and 3 On receipt of the application, the chief clerk shall refer it— a if the trial has started, to the trial judge; b if the trial has not started when the application is received— i to the judge who has been designated to conduct the trial; or ii if no judge has been designated for that purpose, to such judge as may be designated for the purposes of hearing that application. 4 Where a copy of a notice under paragraph (1) is served on a party to the proceedings more than 14 days before the date set for the trial to begin, that party may, within 14 days, make observations in writing in relation to the application to the chief clerk and shall serve a copy of such observations on every other party to the proceedings. 5 A party on whom a copy of a notice is served in accordance with paragraph (1) may notify the chief clerk and every other party to the proceedings, in writing, of his opposition to the application and give reasons for it. 6 Those reasons shall be notified— a within 14 days of the date the notice of application was served on him, if that date is more than 14 days before the date set for the trial to begin; b if the trial has begun, in accordance with any directions issued by the trial judge; or c if neither sub-paragraph (1) nor sub-paragraph (b) apply, before the date set for the trial to begin. 7 Where the application made in accordance with paragraph (1) is made before the date set for the trial to begin and the application— a is not contested by any party to the proceedings, the Court may determine the application without a hearing; b is contested by a party to the proceedings, the Court shall direct a hearing of the application. 8 Where the application is made after the trial has begun— a the application may be made orally; and b the trial judge may give such directions as he considers appropriate to deal with the application. 9 Where a hearing of the application is to take place, the chief clerk shall notify each party to the proceedings of the time and place of the hearing. 10 A party notified in accordance with paragraph (9) may be present at the hearing and be heard. 11 The chief clerk shall, as soon as reasonably practicable after the determination of an application made in accordance with paragraph (1), notify all the parties to the proceedings of the decision and the reasons for it. 12 A person making an oral application under paragraph (8)(a) shall— a give reasons why the application was not made before the trial commenced; and b provide the Court with the information set out in paragraph (2). Restrictions on cross-examination of witness by the accused person 44E 1 This rule and rules 44F and 44G apply where a defendant is prevented from cross-examining a witness in person by virtue of Article 22, 23 or 24 of the 1999 Order. 2 The Court shall as early in the proceedings as is reasonably practicable— a explain to the defendant that he is prevented from cross-examining a witness in person; and b invite him to arrange for a legal representative to act for him for the purpose of cross-examining the witness. 3 The defendant shall within 7 days of the Court giving its explanation, or within such other period as the Court may in any particular case allow, give notice to the chief clerk as to whether or not he has arranged for a legal representative to act on his behalf. 4 Where the defendant has arranged for a legal representative to act for him, the notice under paragraph (3) shall include details of the name and address of the representative. 5 The chief clerk shall notify all other parties to the proceedings of the name and address of any person appointed by the defendant to act on his behalf. 6 Where the Court gives its explanation under paragraph (2) to the defendant— a within 7 days of the date set for the commencement of any hearing at which a witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies may be cross-examined, or b after such a hearing has commenced, the period of 7 days within which the defendant is required to give notice under paragraph (3) shall be reduced in accordance with any direction issued by the Court. 7 Where at the end of the period of 7 days or such other period as the Court has allowed, the Court has not received notice from the defendant under paragraph (3), it may grant the defendant an extension of time, whether of its own motion or on the application of the defendant. 8 Before granting an extension of time, the Court may direct a hearing at which all parties to the proceedings may attend and be heard. 9 Any extension of time shall be for such period as the Court considers appropriate in the circumstances of the case. 10 The decision of the Court as to whether or not to grant the defendant an extension of time shall be notified to all parties to the proceedings by the chief clerk. Appointment by the Court 44F 1 Where the Court decides, in accordance with Article 26(4) of the 1999 Order, to appoint a qualified legal representative, the chief clerk shall notify all parties to the proceedings of the name and address of that representative. 2 An appointment made by the Court under Article 26(4) of the 1999 Order shall, except to such extent as the Court may in any particular case determine, terminate at the conclusion of the cross-examination of any witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies. Appointment arranged by the defendant 44G 1 The defendant may arrange for the qualified legal representative, appointed by the Court under Article 26(4) of the 1999 Order, to be appointed to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies. 2 Where such an appointment is made— a both the defendant and the qualified legal representative shall notify the Court of the appointment; and b the qualified legal representative shall, from the time of his appointment, act for the defendant as though the arrangement had been made under Article 26(2)(a) of the 1999 Order and shall cease to be the representative of the Court under Article 26(4) of the 1999 Order. 3 Where the Court received notification of the appointment either from the qualified legal representative or from the defendant but not from both, the Court shall investigate whether the appointment has been made, and if it concludes that the appointment has not been made, paragraph (2)(b) shall not apply. 4 The defendant may, notwithstanding an appointment by the Court under Article 26(4) of the 1999 Order, arrange for a legal representative to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under Article 22, 23 or 24 applies. 5 Where the defendant arranges for, or informs the Court of his intention to arrange for a legal representative to act for him, he shall notify the Court within such period as the Court may allow, of the name and address of any person appointed to act for him. 6 Where the Court is notified within the time allowed that such an appointment has been made, any qualified legal representative appointed by the Court in accordance with Article 26(4) of the 1999 Order shall be discharged. 7 The chief clerk shall as soon as reasonably practicable after notification is received by the Court, or where paragraph (3) applies, after the Court is satisfied that the appointment has been made, notify all the parties to the proceedings— a that the appointment has been made; b where paragraph (4) applies, of the name and address of the person appointed; c that the person appointed by the Court under article 26(4) of the 1999 Order has been discharged or has ceased to act for the Court. Procedure for applications in proceedings for sexual offences 44H 1 Subject to paragraph (10), an application under Article 28(2) of the 1999 Order for leave to adduce evidence of, or ask questions about, any sexual behaviour of a complaint shall be made by giving to the chief clerk notice in writing and shall— a be made within 28 days from the date— i of the committal of the defendant; or ii on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given; or iii on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given; or iv on which an order for retrial is made; or b be accompanied by a full written explanation specifying the reasons why the application could not have been made within the specified period. 2 An application under paragraph (1) shall contain the following— a a summary of the evidence it is proposed to adduce and of the questions it is proposed to put to any witness; b a full explanation of the reasons why it is considered that the evidence and questions fall within Article 28(3) or (5) of the 1999 Order; c a summary of any document or other evidence to be submitted in support of such evidence and questions; d where it is proposed that a witness at the trial give evidence as to the complainant's sexual behaviour, the name and date of birth of any such witness. 3 A copy of the application under paragraph (1) shall be served, by the applicant, on every other party to the proceedings at the same time as it is served on the chief clerk. 4 The prosecutor shall notify the chief clerk and the other parties to the proceedings— a whether or not he opposes the application, giving reasons for any such position, and b whether or not he wishes to be represented at any hearing of the application, and where the notice of application is received by the prosecutor more than 14 days before the date set for the trial to begin, the notification must be served by the prosecutor within 14 days of receipt. 5 Where a copy of the application is received by a party to the proceedings other than the prosecutor more than 14 days before the date set for the trial to begin, that party may, within 14 days, make observations in writing in relation to the application to the chief clerk and shall serve a copy of such observations on every other party to the proceedings. 6 In considering any application under this rule, the Court may request a party to the proceedings to provide the Court with such information as it may specify and which the Court considers would assist in the determining the application. 7 Where the Court makes such a request, the person required to provide the information shall do so within 14 days of the Court making the request or by such time as the Court considered appropriate in the circumstances of the case. 8 An application under paragraph (1) shall be determined by a judge following a hearing. 9 The date and time of the hearing shall be— a determined by the chief clerk after taking into consideration— i any time which a party to the proceedings has been given to respond to a request for information; and ii the date fixed for any other hearing relevant to the proceedings; and b notified by the chief clerk to all the parties to the proceedings. 10 An application under Article 28(2) of the 1999 Order may be made orally to the trial judge where the application is made after the trial has begun. 11 The person making the application under paragraph (10) shall— a give reasons why the applicant failed to make the application in accordance with paragraph (1); and 12 The chief clerk shall, as soon as reasonably practicable after the hearing of an application under paragraph (1), give notice of the decision of the judge to all the parties to the proceedings.".] [ Application for reporting direction 44I 1 An application by a party to any criminal proceedings for a reporting direction under section 46 of the 1999 Act in relation to a witness in those proceedings may be made at any time after the commencement of the proceedings by giving notice in writing which shall be in Form 7A in the Schedule. 2 For the purpose of this rule, rule 44J and rule 44K, proceedings commence on the date— a of the committal of the defendant; or b on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given, or c on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given, or d on which an order for retrial is made. 3 The notice under paragraph (1) shall be served on the chief clerk, and at the same time a copy thereof shall be served, by the applicant, on every other party to the proceedings. 4 Any party who wishes to oppose the application shall, within 7 days of the date that notice of the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition giving reasons for it. 5 In order to comply with paragraph (4) a party shall state in the written notification whether he— a disputes that the witness is eligible for protection under section 46 of the 1999 Act; and b disputes that the granting of protection would be likely to improve the quality of evidence given by the witness or the level of co-operation given by the witness to any party to the proceedings in connection with the party's preparation of its case. Application for excepting direction 44J 1 An application for a direction under section 46(9) of the 1999 Act (“an excepting direction”) may be made at any time after the commencement of the proceedings if a reporting direction has been given by the Court in respect of a witness in those proceedings. 2 The application under paragraph (1) may be made by— a Any party to those proceedings; or b any person who, although not a party to the proceedings, is directly affected by a reporting direction given in relation to a witness in those proceedings or could be so affected if the Court in determining an application gave a reporting direction. 3 An application for an excepting direction may be made— a orally at the time the reporting direction is given; or b by giving notice in writing which shall be in Form 7B in the Schedule. 4 An applicant for an excepting direction shall state why, in his opinion— a the effect of the restrictions imposed (or which the applicant for the reporting direction seeks to have imposed) places a substantial and unreasonable restriction on the reporting of the proceedings; and b it is in public interest to remove or relax those restrictions. 5 Where the application for an excepting direction is made in writing, the notice under paragraph (3)(b) shall be served on the chief clerk, and at the same time a copy thereof shall be served, by the applicant, on every other party or, as the case may be, every party to those proceedings. 6 Any party who wishes to oppose the application shall, within 7 days of the date that notice of the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition giving reasons for it. Variation or revocation 44K 1 An application to— a revoke a reporting direction; or b vary or revoke an excepting direction, may be made at any time after the commencement of the proceedings. 2 The application under paragraph (1) may be made by— a any party to the proceedings in which the direction was given; or b any person who, although not a party to those proceedings is, in the opinion of the Court, directly affected by the direction. 3 The application under paragraph (1) shall be made by giving notice in writing which shall be in Form 7C in the Schedule which— a shall specify the grounds upon which the applicant seeks to have the direction varied or, as the case may be, revoked; and b shall be served, by the applicant, on the chief clerk and on every other party or, as the case may be, every party to the proceedings. 4 Any party who wishes to oppose the application shall, within 7 days of the date the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it. Hearings 44L 1 Subject to paragraph (2), the Court may— a determine any application made under rule 44I, 44J or 44K without a hearing; or b direct a hearing of any such application. 2 Where a party to the proceedings notifies the chief clerk of his opposition to an application under rule 44I, 44J or, as the case may be, 44K, the Court shall direct a hearing of that application. 3 Where a hearing of an application is to take place in accordance with this rule, the chief clerk shall notify each party to the proceedings of the time and place of the hearing. 4 A party notified in accordance with paragraph (3) may be present at the hearing and be heard. 5 Before determining an application, the Court may hear and take into account representation made to it by any person who in the Court's opinion has a legitimate interest in the application before it. 6 The chief clerk shall, as soon as reasonably practicable after the determination of an application under rule 44I, 44J or 44K, notify all the parties to the proceedings of the decision of the Court in Form 7D in the Schedule. Hearings in camera 44M 1 If any proceedings a prosecutor or defendant has served notice under rule 44A(1) of his intention to apply for an order that all or part of a trial be held in camera, any application under rule 44I, 44J or 44K relating to a witness in those proceedings need not identify the witness by name or date of birth.] [ Procedure for the admission of evidence of bad character 44N 1 A party who wants to adduce evidence of a non-defendant'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 writing which shall be in Form 7E in the Schedule. 2 Notice under paragraph (1) shall be served on the chief clerk and every other party to the proceedings— a within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by the prosecutor); or b as soon as is reasonably practicable, where the application concerns a non-defendant who is to be invited to give, or has given, evidence for a defendant. 3 Any party who wishes to oppose the application under paragraph (1) shall, within 14 days of the date on which the notice of the application was served on him, notify the chief clerk and every other party to the proceedings, in writing, of his opposition, giving reasons for it. 4 A prosecutor who wants to adduce evidence of a defendant'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 writing which shall be in Form 7F in the Schedule. 5 Notice under paragraph (4) shall be served on the chief clerk and every other party to the proceedings within 14 days from the date— a of the committal of the defendant; or b on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given; or c on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given, or d on which an order for retrial is made. 6 A co-defendant who wants to adduce evidence of a defendant'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 writing which shall be in Form 7F in the Schedule. 7 Notice under paragraph (6) shall be served on the chief clerk and every other party to the proceedings within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by the prosecutor). 8 An application by a defendant to exclude bad character evidence shall be by notice in writing which shall be in Form 7G in the Schedule and shall be served on the chief clerk and on every other party to the proceedings within 7 days of the date that notice under paragraph (4) or paragraph (6) was served on him. 9 A defendant 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. 10 The Court may, if it considers that it is in the interests of justice to do so— a allow 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 44O 1 This rule shall apply where a party 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 prosecutor who wants to adduce hearsay evidence shall give notice in writing which shall be in Form 7H in the Schedule. 3 Notice under paragraph (2) shall be served on the chief clerk and every other party to the proceedings within 14 days from the date of— a the committal of the defendant; b service of a notice of transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (serious fraud cases) or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 (certain cases involving children); or c the grant of leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 ; or d the making of an order for retrial. 4 A defendant who wants to adduce hearsay evidence shall give notice in writing which shall be in Form 7H in the Schedule. 5 Notice under paragraph (4) shall be served on the chief clerk and every other party to the proceedings within 14 days from the date on which the prosecutor has complied with or purported to comply with section 3 of the Criminal procedure and Investigations Act 1996 (disclosure by prosecutor). 6 Any party who wishes to oppose the application under paragraph (2) or (4) shall, within 14 days of the date the notice of the application was served on him, notify the chief clerk and every other party to the proceedings, in writing in Form 7I in the Schedule, of his opposition. 7 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. 8 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 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.] [ Evidence by live link where witness is outside the United Kingdom 44P 1 An application for leave under Article 80A(3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 for a witness (other than the accused) who is outside the United Kingdom to give evidence through a live link shall be made by giving notice in writing which shall be in Form 7J in the Schedule. 2 The notice under paragraph (1) shall be served on the chief clerk and every other party to the proceedings within 28 days from the date— a of the committal of the defendant; or b on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given; or c on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given; or d on which an order for retrial is made. 3 Any party who wishes to oppose the application under paragraph (1) shall, within 14 days of the date on which notice of the application was served on him, notify the chief clerk and every other party to the proceedings in writing, of his opposition giving reasons for it. 4 Except where notice is received in accordance with paragraph (3), the Court may— a determine the application in favour of the applicant without a hearing; or b direct a hearing. 5 Where a party to the proceedings notifies the chief clerk in accordance with paragraph (3) of his opposition to the application, the Court shall direct a hearing of the application. 6 Where a hearing is to take place in accordance with paragraphs (4) or (5), the chief clerk shall notify each party to the proceedings of the time and place of the hearing. 7 A party notified in accordance with paragraph (6) may be present at the hearing and be heard. 8 The chief clerk shall, as soon as reasonably practicable after determination of an application under paragraph (1), notify all parties of the decision of the court in Form 7K and, where leave is granted, the notification shall state— a the country in which the witness will give evidence; b if known, the place where the witness will give evidence; c where the witness is to give evidence on behalf of the prosecutor or where the disclosure is required by section 5(7) of the Criminal Procedure and Investigations Act 1996 (alibi), the name of the witness; d the location of the Court at which the trial will be held; and e any conditions specified by the Court in accordance with paragraph (9). 9 In determining an application under paragraph (1), the Court may specify that as a condition of the grant of leave the witness should give evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the Court may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence. 10 The Court may, if it considers that it is in the interests of justice to do so— a allow a notice 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 required under this rule, either before or after that period expires.] [ Evidence by live link by witness (other than the defendant) 44Q 1 An application for a direction under Article 10 of the Criminal Justice (Northern Ireland) Order 2004 for a witness (other than the defendant) to give evidence through a live link shall be made by giving notice in writing which shall be in Form 7L. 2 The application under paragraph (1) shall be made within 28 days from the date— a of the committal of the defendant; or b on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given; or c on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given; or d on which an order for retrial is made; or e on which a plea of guilty was entered. 3 The notice under paragraph (1) shall be served on the chief clerk and at the same time a copy thereof shall be served on every other party to the proceedings. 4 Any party who wishes to oppose the application shall, within 14 days of the date that notice under paragraph (1) was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it. 5 Except where notice is received in accordance with paragraph (4), the Court may— a determine the application in favour of the applicant without a hearing; or b direct a hearing. 6 Where a party to the proceedings notifies the chief clerk in accordance with paragraph (4) of his opposition to the application, the Court shall direct a hearing of the application. 7 Where a hearing is to take place in accordance with paragraphs (5) or (6), the chief clerk shall notify each party to the proceedings of the time and place of the hearing. 8 A party notified in accordance with paragraph (7) may be present at the hearing and be heard. 9 The chief clerk shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 7M in the Schedule, and, where a direction is given, the notification shall state— a if known, the place where the witness will give evidence; b where the witness is to give evidence on behalf of the prosecutor or where disclosure is required by section 6A(2) of the Criminal Procedure and Investigations Act 1996, the name of witness; c the location of the Court at which the proceedings will be held; and d any conditions specified by the Court in accordance with paragraph (10). 10 In determining an application under paragraph (1), the Court may specify that as a condition of the direction, the witness should give evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the Court may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence. 11 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. Application for rescission of a direction 44R 1 An application to rescind a direction for a witness to give evidence through a live link under Article 11(5)(a) of the Criminal Justice (Northern Ireland) Order 2004 shall be made in writing and shall specify each material change of circumstances which the applicant alleges has occurred since the direction was made. 2 An application under paragraph (1) shall be served on the chief clerk and on every other party to the proceedings as soon as is reasonably practicable after the change in circumstances occurs. 3 Any party on whom a copy of the notice under paragraph (2) is served may oppose the application on the ground that it discloses no material change of circumstances. 4 Paragraphs (4)-(9) and (11) of Rule 44Q shall apply to an application to rescind a live link direction as they apply to an application for a live link direction. Application by the accused for live link direction 44S 1 An application by the accused for a live link direction under Article 21A of the 1999 Order shall be made by giving notice in writing, which shall be in Form 7N. 2 The application under paragraph (1) shall be made within 28 days from the date— a of the committal of the defendant; or b on which Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given; or c on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given; or d on which an order for retrial is made; or e on which a plea of guilty was entered. 3 The notice under paragraph (1) shall be served on the chief clerk and at the same time a copy thereof shall be served on every other party to the proceedings. 4 Any party on whom a copy of the notice of the application under paragraph (1) is served may oppose the application for a live link direction, whether or not the question of whether the conditions set out in Article 21A(4) or (5) of the 1999 Order is in issue. 5 Any party who wishes to oppose the application shall, within 14 days of the date the notice under paragraph (1) was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it. 6 In order to comply with paragraph (5), a party shall state in the written notification whether he disputes that— a the accused is eligible for a live link direction by virtue of Article 21A(4) or (5) of the 1999 Order; and b it is in the interests of justice for the accused to give evidence through a live link. 7 Except where notice is received in accordance with paragraph (5), the Court may— a determine the application in favour of the applicant without a hearing; or b direct a hearing. 8 Where a party to the proceedings notifies the chief clerk in accordance with paragraph (5) of his opposition to the application, the Court shall direct a hearing of the application. 9 Where a hearing of the application is to take place in accordance with paragraphs (7) or (8), the chief clerk shall notify each party to the proceedings of the time and place of the hearing. 10 A party notified in accordance with paragraph (9) may be present at the hearing and be heard. 11 The chief clerk shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 7O. 12 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. 13 Where a live link direction is made enabling the accused to give evidence by means of a live link, he shall be accompanied at the live link only by persons acceptable to a judge of the Crown Court. Discharge of live link direction 44T 1 Subject to paragraph (3), an application to discharge a live link direction under Article 21A(7) of the 1999 Order shall be made in writing. 2 An application under paragraph (1) shall be served on the chief clerk and on each party to the proceedings as soon as reasonably practicable. 3 Paragraphs (4) to (12) of Rule 44S shall apply to an application to discharge a live link direction as they apply to an application for a live link direction. [ Application by the accused for a direction allowing the examination of the accused through an intermediary 44U 1 An application by the accused for direction allowing the accused to be examined through an intermediary under Article 21BA of the 1999 Order shall be made in Form 7N and shall include— a the information sought in Part C of Form 7N; and b any relevant report, including an intermediary's assessment. 2 The application under paragraph (1) shall be made within 28 days from the date— a of the committal of the defendant; or b on which the Notice of Transfer under Article 3 of the Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988 or under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 was given; or c on which leave to present an indictment under section 2(2)(e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 was given; or d on which an order for retrial is made. 3 The notice under paragraph (1) shall be served on the chief clerk and at the same time a copy thereof shall be served on every other party to the proceedings. 4 Any party on whom a copy of the notice of the application under paragraph (1) is served may oppose the application for a direction allowing the use of an intermediary, whether or not the question of the conditions set out in Article 21BA (5) or (6) of the 1999 Order for the use of an intermediary is in issue. 5 Any party who wishes to oppose the application shall, within 14 days of the date the notice under paragraph (1) was served on him, notify the applicant and the chief clerk in writing of his opposition and give reasons for it. 6 In order to comply with paragraph (5), a party shall state in the written notification whether he disputes that— a the accused is eligible for a direction allowing the use of an intermediary by virtue of Article 21BA (5) or (6) of the 1999 Order as appropriate; and b allowing the accused to be examined through an intermediary is necessary in order to ensure that the accused receives a fair trial. 7 Except where notice is received in accordance with paragraph (5), the Court may— a determine the application in favour of the applicant without a hearing; or b direct a hearing. 8 Where a party to the proceedings notifies the chief clerk in accordance with paragraph (5) of his opposition to the application, the Court shall direct a hearing of the application. 9 Where a hearing of the application is to take place in accordance with paragraph (7) or (8), the chief clerk shall notify each party to the proceedings of the time and place of the hearing. 10 A party notified in accordance with paragraph (9) may be present at the hearing and be heard. 11 The chief clerk shall, as soon as practicable, after the determination of an application under paragraph (1), notify all the parties of the decision in Form 7P. 12 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. Discharge or variation of a direction allowing the examination of accused by an intermediary 44V 1 Subject to paragraph (3), an application to discharge or vary a direction allowing the examination of the accused by an intermediary shall be made in writing. 2 Any application under paragraph (1) shall be served on the chief clerk and on each party to the proceedings as soon as reasonably practicable. 3 Paragraphs (4) to (12) of Rule 44U shall apply to an application to discharge or vary a direction allowing the examination of the accused by an intermediary as they apply to an application for such a direction. Declaration by an intermediary acting for either a witness or an accused 44W 1 The declaration required to be taken by an intermediary under Article 17(5) or 21BA (9) of the 1999 Order shall be as set out in Form 7Q. 2 A copy of the declaration made by the intermediary shall be served on the chief clerk and on each party to the proceedings at the time an application for the use of an intermediary under rule 44B or rule 44U is being made, or as soon as reasonably practicable thereafter.] Variation or rescission of sentence or order under section 49 45 Where a judge considers pursuant to section 49 of the Act whether a sentence or other order should be varied or rescinded, he shall do so in open court. [ Manner of application where no other procedure specified 46 Where no other provision is made in these Rules as to the way in which an application is made to the Court (otherwise than at the trial) under these Rules, the application shall be made in writing and delivered to the chief clerk and a copy thereof given to every other party to the proceedings.] Service of documents 47 Any notice or other document which is required by these Rules to be given to any person may be served personally on, or sent by post to, that person or his solicitor. [ Excusing of jurors 47A 1 Subject to paragraphs (2) to (4) the powers of a judge under Article 10 and 11(1) of the 1996 Order may be exercised by the Juries Officer. 2 A person dissatisfied with a decision of a Juries Officer made under Article I O or 11 (1) of the 1996 Order and this rule may appeal to a judge in accordance with paragraph (3). 3 An appeal under this rule shall be commenced by the appellant giving notice of appeal to the Juries Officer and such notice shall be in writing and shall specify the matters upon which the appellant relies in support of his appeal. 4 A judge shall not dismiss an appeal under this rule unless the appellant has been given an opportunity of making representations. 5 Where an appeal under this rule is decided in the absence of the appellant, the Juries Officer shall notify him of the decision without delay. 6 In this rule— [ “ division ” means an administrative court division specified under section 2(2)(a) of the Justice Act (Northern Ireland) 2015 for all purposes of a county court or, if different administrative court divisions are specified for different purposes of a county court, an administrative court division specified under section 2(2)(c) of that Act for the residual purposes of the court;] “ Juries Officer ” means the Juries Officer designated under Article 2(2) of the 1996 Order for the [ ...] division in which the person is summoned for jury service under Article 8 of the 1996 Order; “ the 1996 Order ” means the Juries (Northern Ireland) Order 1996.] [ ...] [ Assistance with communication for a defendant who does not speak English or who has a hearing or speech impediment.] 47B 1 In this Rule— a references to a defendant who needs interpretation mean— i a defendant who needs interpretation because he does not speak or understand English; or ii a defendant who needs assistance because he has a speech or hearing impediment; b where a defendant has a hearing or speech impediment, references to an interpreter include a person appointed— i to communicate to the defendant anything said at the hearing and explain it so far as is necessary for the defendant to understand it; or ii to communicate any answers given by the defendant, and any other matters that the defendant seeks to convey, and explain them so far as is necessary to enable the court and others present at the hearing to understand them, and references to interpretation shall be construed accordingly; c references to acting at a hearing include assisting the defendant to communicate with his legal representative during the hearing and in relation to such assistance, paragraph (1)(b)(ii) has effect as if the reference to the court and others present at the hearing were to the legal representative. 2 Where a defendant who needs interpretation is due to be present at a hearing, the chief clerk shall appoint an interpreter to act at the hearing. 3 Before an interpreter begins to act at a hearing, an oath or affirmation shall be administered to the interpreter. 4 Before an interpreter is sworn or makes his affirmation, the interpreter's name shall be read out, and any party to the proceedings may object to the interpreter on any reasonable ground. 5 If the court upholds an objection made under paragraph (4), the interpreter shall not be sworn or make his affirmation and the chief clerk shall appoint another interpreter. 6 Where, on application or of its own motion, the court is satisfied that a document is essential, it shall order that a written translation of the document, or a relevant passage thereof, is provided to a defendant who needs interpretation unless— a the defendant unequivocally and voluntarily waives his right to translation and has had legal advice or otherwise has full knowledge of the consequences of such a waiver; or b provision of an oral translation or oral summary of the document, or the passage thereof, would not prejudice the fairness of the proceedings. 7 On application, the court may give any direction which it considers appropriate where— a no interpreter has been appointed by the chief clerk; b on a previous application under paragraph (6), the court determined that there was no need for translation of the document, or a passage thereof, specified in the application; or c a defendant who needs interpretation submits that the quality of interpretation or translation is not sufficient to safeguard the fairness of the proceedings. 8 The chief clerk shall record— a the identity of any interpreter appointed to act at a hearing; b any decision to provide an oral translation or oral summary of an essential document or a passage thereof; c any waiver by a defendant who needs interpretation of his right to translation; and d any direction given under paragraph (7). Annulment of Indictments Rules (Northern Ireland) 1977 49 The Indictments Rules (Northern Ireland) 1977 are hereby annulled. Repeal 50 Upon the coming into force of these Rules sections 1 and 2 of the Indictments Act (Northern Ireland) 1945 and in section 7 of that Act the words “or the rules made there under” shall cease to have effect. [ PART VII APPLICATIONS UNDER THE PROCEEDS OF CRIME (NORTHERN IRELAND) ORDER 1996 Interpretation 51 In this Part of these Rules:— “ the 1996 Order ” means the Proceeds of Crime (Northern Ireland) Order 1996 ; an Article referred to by number is a reference to the Article so numbered in the 1996 Order; and expressions which are defined in the 1996 Order have the same meaning as in the 1996 Order. Statements, etc in connection with the making of confiscation orders under the 1996 Order 52 1 Where a defendant has been convicted of an offence to which the 1996 Order applies and the prosecutor or the defendant is required, or proposes, to give to the Court any statement or other document under Article 15 (provision of information by the prosecution) or Article 16 (provision of information by the defendant) he shall serve it within such time as the Court may direct on the chief clerk and at the same time serve a copy thereof on the opposite party. 2 Any statement given to the Court by the prosecutor or the defendant under Article 15 or 16 shall include the following particulars— a the name of the defendant and the Crown Court case number; b the name of the person by whom the statement is given and, if different, the name of the person by whom it is made; c the date on which the conviction for the offence occurred; and d the facts relied on in support of any allegation made or matter indicated. 3 Where in accordance with Article 15(3) the defendant is required to indicate the extent to which he accepts any allegation contained within a statement given by the prosecutor, he must indicate so in writing to the chief clerk, and at the same time serve a copy on the prosecutor. 4 Where the prosecutor intends to indicate the extent to which he accepts any allegation contained within a statement given by the defendant under Article 15 or 16, he must indicate so in writing to the chief clerk, and at the same time serve a copy on the defendant. Application for increase in term of imprisonment in default of payment 53 1 The following provisions of this rule shall have effect for the purposes of applications under Article 14(2). 2 Notice of application under Article 14(2) to increase the term of imprisonment or detention fixed in default of payment of the confiscation order by a person (“ the defendant ”) shall be made by the prosecutor in writing to the chief clerk at the place where the confiscation order was made. 3 The notice under paragraph (2) shall— a state the name and address of the defendant; b specify the grounds of the application; c give details of any enforcement measures taken; and d include a copy of the confiscation order. 4 On receiving a notice under paragraph (2) the chief clerk shall— a forthwith send to the defendant a copy of the said notice; and b notify in writing the applicant and the defendant of the date, time and place appointed for hearing of the application. 5 Where the Court makes an order pursuant to an application under Article 14(2), the chief clerk shall forthwith send a copy of the order— a to the applicant; b to the defendant; c where the defendant is in custody at the time of the making of the order, to the person having custody of him. Investigations - discharge and variation of order 54 1 Where an order has been made under Article 50(2), the person required to comply with the order may apply to the county court judge who made the order or, where that judge is not available, to any other county court judge, to have the order discharged or varied. 2 An application under paragraph (1) shall be made in writing, setting out the grounds of the application and shall be served on— a the chief clerk [ ...] and b the constable [ or the financial investigator ] who obtained the order. 3 The application may be determined by the judge either with or without a hearing and if a hearing is directed the chief clerk shall notify the parties of the time and place of the hearing. Postponement of confiscation orders 54A 1 Notice of application by the defendant or prosecutor under Article 11(5) asking the Court to exercise its powers under Article 11(1) or (4), shall be made in writing to the chief clerk of the Court at the place where the defendant was convicted. 2 On receiving a notice under paragraph (1), the chief clerk shall forthwith send a copy of the notice to the opposite party who shall within 28 days notify the applicant and the chief clerk, in writing, whether or not he proposes to oppose the application, giving the reason for any such opposition. 3 After the expiry of the period referred to in paragraph (2), the Court shall determine whether an application under paragraph (1) is to be dealt with— a without a hearing, or b at a hearing at which the parties may be represented, and the chief clerk, shall inform the parties accordingly. 4 Where the Court makes an order pursuant to an application under Article 11 (5), the chief clerk shall forthwith send a copy of the order to the applicant and to the other party. Confiscation - revised assessments 54B 1 A notice of application by the prosecutor under Article 17, 18 or 19, shall be made in writing to the chief clerk of the Court at the place where the defendant was convicted. 2 The notice under paragraph (1) shall— a state the name of the defendant and the Crown Court case number; b give the date on which any relevant conviction occurred; c give the date on which any relevant confiscation order was made or, as the case may be, varied; d specify the grounds on which the application is made; and e give an indication of the evidence available to support the application. 3 On receiving a notice under paragraph (1) the chief clerk shall— a forthwith send to the defendant a copy of the said notice; and b notify in writing the applicant and the defendant of the date, time and place appointed for the hearing of the application. 4 Where the Court makes an order pursuant to an application under Article 17, 18 or 19, the chief clerk shall forthwith send a copy of the order to the applicant and to the defendant. Compensation where absconder is acquitted 54C Where the Court cancels a confiscation order under Article 27, the chief clerk shall give notice to that effect to the Master (Queen's Bench and Appeals) in the High Court.] [ PART VIII APPLICATIONS UNDER THE CRIME (INTERNATIONAL CO-OPERATION) ACT 2003 Interpretation 55 In this Part of these Rules— “ the Act ” means the Crime (International Co-operation) Act 2003 , a reference to a section or a Schedule by a number is a reference to the section or Schedule so numbered in the Act; and expressions which are defined in the Act have the same meaning as in the Act. [ chief clerk" means the chief clerk of the Court at the place where the proceedings under the Crime (International Co-operation) Act 2003 are to be heard and includes such other civil servant in the Department of Justice as may be authorised to act on his behalf for the purpose in question.] Notice required to accompany process served outside the United Kingdom 56 1 The notice which by virtue of section 3(4)(b) shall accompany any process served outside the United Kingdom shall, so far as is reasonably practicable, give the information specified in paragraphs (2) and (4). 2 The notice shall— a state that the person required by the process to appear as a party or attend as a witness may obtain information about his rights in connection with such requirement from the relevant authority; and b give the particulars specified in paragraph (4) about that authority. 3 The “relevant authority” where the process is served— a at the request of the prosecuting authority, is that prosecuting authority b at the request of the defendant, or of the prosecutor in the case of a private prosecution, is the Court by which the process is served. 4 The particulars referred to in paragraph (2) are— a the name and address of the prosecuting authority or, as the case may be, the Court, together with its telephone and fax numbers and e-mail address: b the name of a person at the prosecuting authority or, as the case may be, the Court who can provide the information referred to in paragraph (2)(a), together with his telephone and fax numbers and e-mail address. 5 Where selection 3(3) applies, the chief clerk shall require any process served outside the United Kingdom to be accompanied by— a any translation which is provided under section 3(3)(b); and b any translation of the information required to be given by this rule which is provided to him. Proof of service outside the United Kingdom 57 1 The service on any person under section 4(1) of any process issued or made may be proved in any proceedings by a certificate given by or on behalf of the Secretary of State. 2 A statement in any such certificate as is mentioned in paragraph (1)— a that a process has been served; b of the manner in which service was effected; c of the date on which a process was served; shall be admissible as evidence of any facts so stated. Notice of application for request for assistance 58 1 An application under section 7(1) (requests for assistance in obtaining evidence abroad) shall, subject to paragraph (2), be made by giving notice in writing to the chief clerk and shall— a state the particulars of the offence which it is alleged has been committed or the grounds upon which it is suspected that an offence has been committed; b state whether proceedings in respect of the office have been instituted or the office is being investigated; and c include particulars of the assistance requested in the form of a draft request for assistance. 2 The judge may direct that paragraph (1) need not be complied with if he is satisfied that the applicant has good reason to make the application as soon as possible and it is not practicable to comply with that paragraph. [ ...] Notice of application for a domestic freezing order 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Variation or revocation of a domestic freezing order 58B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings before a nominated court 59 In proceedings before a nominated court pursuant to a notice under section 15(1), the Court may— a determine who may appear to take part in the proceedings under Schedule 1 and whether a party to the proceedings is entitled to be legally represented; and b if it thinks it necessary to do so in the interests of justice, direct that all or any persons not being members or officers of the Court or parties to the proceedings, their solicitors or counsel, or other persons directly concerned in the proceedings, be excluded from the Court during the proceedings. Record of proceedings before a nominated court 60 1 In proceedings before a court nominated pursuant to a notice under section 15(1), the chief clerk shall make a record of the evidence received by the Court and the information prescribed in paragraph (2). 2 The information referred to in paragraph (1) is— a details of the request in respect of which the notice under section 15(1) was given; b the date on which, and place at which, the proceedings under Schedule 1 in respect of that request took place; c the name of any witness who gave evidence at the proceedings in question; d the name of any person who took part in the proceedings as a legal representative or as an interpreter; e whether a witness was required to give evidence on oath or after making a solemn affirmation; and f whether the opportunity to cross-examine any witness was refused. 3 When the Court sends the evidence received by it under paragraph 6(1) of Schedule 1 to the court or authority that made the request or to the territorial authority for forwarding to the court or authority that made the request, the chief clerk shall send to the court, authority or, as the case may be, territorial authority a copy of an extract so much of the record as relates to the proceedings in respect of that request. Consideration of an overseas freezing order 60A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Release of evidence subject to an overseas freezing order 60B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpreter for the purposes of proceedings involving a television ... or telephone link 61 1 This rule applies where the court nominated under section 30(3) (hearing witnesses in the UK through television links) ... or section 31(4) (hearing witnesses in the UK by telephone) is a Crown Court. 2 Where it appears to the chief clerk that the witness to be heard in the proceedings under Part 1 ... or 2 of Schedule 2 (“the relevant proceedings”) is likely to give evidence in a language other than English, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into English. 3 Where is appears to the chief clerk that the witness to be heard in the relevant proceedings is likely to give evidence in a language other than that in which the proceedings of the court referred to in section 30(1) ... or, as the case may be, section 31(1) (“the external court”) will be conducted, he shall make arrangement for an interpreter to be present at the relevant proceedings to translate what is said into the language in which the proceedings of the external court will be conducted. 4 Where the evidence in the relevant proceedings is given in a language other than English and is not translated into English by an interpreter, the Court shall adjourn the proceedings until such time as an interpreter can be present to provide a translation into English. Record of television link before a nominated court 62 1 In proceedings before a court nominated pursuant to a notice under section 30(3), the chief clerk shall make a record of the evidence given in the presence of the Court and the information prescribed in paragraph (2). 2 The information referred to in paragraph (1) is— a details of the request in respect of which the notice under section 30(3) was given; b the date on which, and place at which, the proceedings under Part 1 of Schedule 2 in respect of that request took place; c the technical conditions, such as the type of equipment used, under which the proceedings took place; d the name of the witness who gave evidence; e the name of any person who took part in the proceedings as a legal representative or as an interpreter; and f the language in which the evidence was given. 3 As soon as is reasonably practicable after the proceedings under Part 1 of Schedule 2, the chief clerk shall send to the external authority that made the request a copy of an extract of so much of the record as relates to the proceedings in respect of that request. Record of telephone link before a nominated court 62A 1 In proceedings before a court nominated pursuant to a notice under section 31(4), the chief clerk shall make a record of the evidence given in the presence of the Court and the information prescribed in paragraph (2). 2 The information referred to in paragraph (1) is— a details of the request in respect of which the notice under section 31(4) was given; b the date on which, and place at which, the proceedings under Part 2 of Schedule 2 took place; c the name of the witness who gave evidence; d the name of any person who took part in the proceedings as a legal representative or as an interpreter; and e the language in which the evidence was given. 3 As soon as is reasonably practicable after the proceedings under Part 2 of Schedule 2, the chief clerk shall send to the external authority that made the request a copy of an extract of so much of the record as relates to the proceedings in respect of that request. Restriction on access to records kept under rules 60, 62, and 62A 62B The records kept under rules 60, 62 and 62A shall not be open to inspection by any person except— a as authorised by the Secretary of State; or b with leave of the Court.] PART VIIIA APPLICATIONS UNDER THE CRIMINAL JUSTICE (EUROPEAN INVESTIGATION ORDER) REGULATIONS 2017 Interpretation 62C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for European investigation order 62D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Variation or revocation of a European investigation order 62E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings before a nominated court 62F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Record of proceedings before a court nominated to receive evidence 62G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpreter for the purposes of proceedings involving a videoconference or other audiovisual transmission or telephone conference 62H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Record of videoconference or other audiovisual transmission before a nominated court 62I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Record of telephone conference before a nominated court 62J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consideration of European investigation order requiring a search warrant, production order, customer information order or account monitoring order 62K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application to vary or revoke a search warrant or other order issued to give effect to a European investigation order or to authorise the release of evidence seized or produced 62L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on access to records 62M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART VIIIB APPLICATIONS FOR ORDERS FOR ACCESS TO ELECTRONIC DATA UNDER THE CRIME (OVERSEAS PRODUCTION ORDERS) ACT 2019 Interpretation 62N 1 In this Part of these Rules— “the Act” means the Crime (Overseas Production Orders) Act 2019 ; “business day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is, or is to be observed as, a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971 ; “chief clerk” means the chief clerk of the Court at the place where the proceedings under the Act are to be heard and includes such other civil servant in the Department of Justice as may be authorised to act on his behalf for the purpose in question; and expressions which are defined in the Act have the same meaning as in the Act and a reference to a section is a reference to that section so numbered in the Act. 2 A reference in this Part to a person affected by an order made under the Act includes a person by whom or on whose behalf there is stored any journalistic data specified or described in the application for that order. Application for an overseas production order 62O 1 Subject to rule 62Q(7)(c), an application for an order under section 1 shall be made by giving notice in writing to the chief clerk which shall— a identify the applicant for the order and demonstrate that the applicant is entitled under the Act to apply; b identify the respondent; c specify the designated international co-operation arrangement by reference to which the application is made; d specify or describe the electronic data in respect of which the order is sought; e specify— i the person, or the description of person, to whom the applicant is seeking the Court to order that electronic data must be produced or made accessible; and ii the period by the end of which the applicant is seeking that that electronic data must be produced or made accessible (which shall be a period of 7 days beginning with the day on which the order is served on the respondent, unless the Court otherwise directs); f state whether the applicant is seeking a non-disclosure requirement in the order; and g be accompanied by a draft of the order sought by the applicant. 2 The application shall be supported by an affidavit which shall— a explain the grounds for believing that the respondent operates in, or is based in, a country or territory outside the United Kingdom which is a party to, or participates in, that designated international co-operation arrangement; b explain the grounds for believing that the electronic data sought does not consist of or include excepted electronic data; c briefly describe the investigation for the purposes of which the electronic data is sought and explain— i the grounds for believing that an indictable offence has been committed which is under investigation or in respect of which proceedings have begun; or ii how the investigation constitutes a terrorist investigation within the meaning of the Terrorism Act 2000; d explain the grounds for believing that the respondent has possession or control of all or part of the electronic data sought; e explain the grounds for believing that the electronic data sought is likely to be of substantial value to the investigation, or the proceedings (as the case may be), whether by itself or together with other material; f where paragraph (2)(c)(i) applies, explain the grounds for believing that all or part of the electronic data sought is likely to be relevant evidence in respect of the offence concerned; g explain the grounds for believing that it is in the public interest for the respondent to produce or give access to the electronic data sought, having regard to— i the benefit likely to accrue to the investigation, or to the proceedings (as the case may be), if that data is obtained; and ii the circumstances under which the respondent has possession or control of any of that data; and h where a non-disclosure requirement is sought in the order— i explain why such a requirement would be appropriate; and ii specify or describe the proposed duration of the requirement, if ordered. 3 Subject to rule 62Q(7)(b), the applicant for an order under section 1 shall serve the notice of the application, the supporting affidavit and the draft order on the respondent and on any other person affected by the order being sought. 4 In the event that an overseas production order is made, the applicant shall as soon as practicable serve the order on the Secretary of State , or on a prescribed person, for service on the respondent. 5 Where notice of the application was served on a respondent, in the event that the application is dismissed or abandoned, the applicant shall— a as soon as reasonably practicable so notify that respondent; and b where the application is dismissed, as soon as reasonably practicable notify that respondent if the Court nonetheless orders that for a period that respondent must not— i conceal, destroy, alter or dispose of any of the electronic data specified or described in the application; or ii disclose the making of the application or its contents to any person. Variation or revocation of an overseas production order 62P 1 This rule applies to an application to vary or revoke an order listed in paragraph (2) by— a the applicant for that order, or an equivalent appropriate officer; b the respondent: c another person affected by the order; or d the Secretary of State. 2 The orders to which this rule applies are— a an overseas production order; b an order under section 8(4) maintaining an unexpired non-disclosure requirement; c an order under section 13(3) maintaining a duty not to conceal, destroy, alter or dispose of electronic data, and not to disclose the making or content of an application for an overseas production order; and d an order under section 13(4)(b) maintaining a duty not to conceal, destroy, alter or dispose of electronic data. 3 ... An applicant under this rule shall— a subject to rule 62Q(7)(c), apply as soon as practicable after becoming aware of the grounds for doing so by giving notice in writing to the chief clerk; b subject to rule 62Q(7)(c), include with the application an accompanying draft of the order sought; and c subject to rule 62Q(7)(b), serve the notice of the application, the supporting affidavit referred to in paragraph (4) or (5) and the draft order on the respondent, if applicable, and on any other person affected by the order. 4 Where the application is for a variation, or further variation, of an overseas production order, it shall be supported by an affidavit which shall— a specify the electronic data in respect of which the varied order is sought (which may include electronic data not specified or described in the original order); b satisfy or, as the case may be, continue to satisfy, the requirements of rule 62O(1)(a) to (c) and 62O(2)(a) to (f) (which may be done by reference to the original order); c meet the requirements of rule 62O(2)(g); d specify the variation proposed and explain— i what material circumstances have changed since the order was made; and ii why the order should be varied. 5 Where the application is for the revocation of an overseas production order, it shall be supported by an affidavit which shall explain why revocation is appropriate. 6 Where the application includes a request that the Court, despite revocation, maintains— a the requirement that for a further period the respondent must not conceal, destroy, alter or dispose of any of the electronic data specified or described in the order; or b an unexpired non-disclosure requirement, the affidavit referred to in paragraph (5) shall explain why, and for how long, it would be appropriate to maintain that requirement. 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). Consideration of an overseas production order 62Q 1 Subject to paragraphs (2) to (5), the Court may determine an application under rule 62O or 62P— a at a hearing (which shall be in private unless the Court otherwise directs) or without a hearing; and b in the absence of— i the applicant; ii the respondent; or iii any other person affected by the order. 2 The Court shall not determine such an application in the applicant’s absence if— a the applicant requests a hearing; or b it appears to the Court that— i the proposed order may require the production of excepted electronic data, within the meaning of section 3; or ii for any other reason the application is so complex or serious as to require the Court to hear from the applicant. 3 The Court shall not determine such an application in the absence of any respondent or other person affected unless— a subject to paragraph (7)(a), the absentee has had at least two business days in which to make representations; or b the Court is satisfied that— i the applicant cannot identify or contact the absentee; ii it would prejudice the investigation if the absentee were present; iii where journalistic data is sought, it would prejudice the investigation of another indictable offence or another terrorist investigation if the absentee were present; ... iv it would prejudice the investigation to adjourn or postpone the application so as to allow the absentee to attend; or v the absentee has waived the opportunity to attend. 4 The Court shall not determine such an application in the absence of any respondent who, if the order sought by the applicant were made, would be required to produce or give access to journalistic data, unless that respondent has waived the opportunity to attend. 5 The Court shall not make, vary or revoke an order unless the applicant states, in an affidavit or orally, that to the best of the applicant’s knowledge and belief— a the application discloses all information which is material; and b the content of the application is true. 6 Where the statement required by paragraph (5) is made orally— a the statement shall be on oath or affirmation, unless the Court otherwise directs; and b the chief clerk shall arrange for a record of the making of the statement. 7 The Court may in its discretion— a shorten or extend (whether before or after it has expired) a time limit under this Part; b subject to section 12(3) and (4) dispense with a requirement for service under this Part (whether before or after service was required); and c consider an application for an order or to vary, further vary or revoke an order orally instead of in writing. Application containing information withheld from a respondent or other person 62R 1 This rule applies where an application under rule 62O or 62P includes information which the applicant considers should be revealed only to the Court. 2 The affidavit supporting such application shall— a identify that information; and b explain why that information should not be served on the respondent or another person. 3 Subject to paragraph (4), at a hearing of an application to which this rule applies, the Court shall consider, in the following sequence— a representations first by the applicant and then by the respondent and any other person, in the presence of them all; and then b further representations by the applicant in the others’ absence. 4 The Court may in its discretion direct other arrangements for the hearing of an application to which this rule applies. [ PART IX DEVOLUTION ISSUES UNDER SCHEDULE 10 TO THE NORTHERN IRELAND ACT 1998 Interpretation 63 1 In this Part— “ the appropriate Minister or department ” means— the First Minister and the Deputy First Minister acting jointly; or where they, acting jointly, determine under paragraph 36 of Schedule 10 that any power conferred on them by that Schedule in relation to any specified proceedings may be exercised by a specified Minister or Northern Ireland department, that Minister or department; and for this purpose “ specified ” means specified in a determination under that paragraph; “ devolution issue ” means a devolution issue within the meaning of Schedule 10; “ the Judicial Committee ” means the Judicial Committee of the Privy Council; “ Schedule 10 ” means Schedule 10 to the Northern Ireland Act 1998 . Raising of devolution issue on trial on indictment 64 1 Where the party to a trial on indictment proposes to raise a devolution issue, he shall lodge a notice in Form 8 with the chief clerk and serve it on each of the other parties to the proceedings setting out the facts and circumstances and points of law on the basis of which it is alleged that the devolution issues arises in sufficient details to enable the Court to determine whether such an issue arises in the proceedings. 2 In paragraph (1) “ a party to a trial on indictment ” means the prosecutor or the defendant in proceedings in the Court whether before or after arraignment. 3 Where a devolution issue has been raised in accordance with paragraph (1), the chief clerk shall as soon as practicable cause the matter to be drawn to the attention of the Court for the making of an order under paragraph 5 of Schedule 10 requiring notice of the devolution issue to be given to the Attorney General, the Attorney General for Northern Ireland and the appropriate Minister or department. 4 If the Attorney General, the Attorney General for Northern Ireland or the appropriate Minister or department wishes to become a party to the proceedings so far as they relate to the devolution issue as mentioned in paragraph 6 of Schedule 10, he or it shall, within 7 days after receipt of the notice, or such longer period as the Court may direct, give notice in Form 9 to the chief clerk; and a copy of such notice shall be sent to each of the other parties. Reference of devolution issue to Court of Appeal 65 1 Where the Court decides to refer a devolution issue to the Court of Appeal under paragraph 7 of Schedule I 0, it shall make an order so referring the issue. 2 An order under paragraph (1) shall be in Form 10 and the Court may give directions to the parties as to the manner and form of the schedule to that order, but it shall be settled by the Court. 3 The chief clerk shall send the order to the Master (Queen's Bench and Appeals). Reference of devolution issue to Judicial Committee 66 1 Where the Court is required by the Attorney General, the Attorney General for Northern Ireland or the appropriate Minister or department as mentioned in paragraph 33 of Schedule 10 to refer a devolution issue to the Judicial Committee, it shall make an order in Form 11 referring the issue to the Judicial Committee. 2 The Court may give directions to the parties as to the manner and form in which the reference, in the schedule to the order, is to be drafted. 3 When the reference has been settled by the Court, the chief clerk shall send the order to the Registrar of the Judicial Committee. Adjournment of proceedings pending reference of devolution issue 67 1 The proceedings in which an order is made under rule 68 or 69 for the reference of a devolution issue shall, unless the Court otherwise orders, be adjourned until the Court of Appeal or, as the case may be, the Judicial Committee, has determined the issue referred to it. 2 Nothing in paragraph (1) shall be taken as preventing the Court from deciding any preliminary or incidental question which may arise in the proceedings after an order referring the devolution issue is made and before the Court of Appeal or, as the case may be, the Judicial Committee. Procedure on receipt of determination of devolution issue 68 1 Where, on a reference of a devolution issue, the Court of Appeal or, as the case may be, the Judicial Committee has determined the issue and the determination has been received by the Court, the chief clerk shall send a copy of the determination to each of the parties to the proceedings and the Court shall give directions as to further procedure.] [ PART X WITNESS SUMMONSES Interpretation 69 In this Part of these Rules, unless the context otherwise requires:— “ the applicant ” means the applicant in relation to an application to which that rules applies; “the directed person" and the "stipulated evidence, document or thing” have the same meaning as in section 51A(10) of the Act; and “ a scheduled offence ” means an offence which is scheduled within the meaning of section 1 of the Northern Ireland (Emergency Provisions) Act 1996 . Application for witness summons 70 1 This rule applies to an application under section 51A of the Act for the issue of a witness summons. 2 Subject to paragraphs (8) to (10), the application shall be made in writing to the chief clerk and shall— a contain a brief description of the stipulated evidence, document or thing; b set out the reasons why the applicant considers that the stipulated evidence, document or thing is likely to be material evidence; c set out the reason why the applicant considers that the directed person will not voluntarily attend as a witness or produce the document or thing; and d if the witness summons is proposed to require the directed person to produce a document or thing— i inform the directed person of his right to make representations in writing and at a hearing, under paragraph (5); and ii state whether the applicant seeks a requirement also to be imposed under section 51B of the Act (advance production) and, if such a requirement is sought, specify the place and time at which the applicant wishes the document or thing to be produced. 3 The application shall be supported by an affidavit— a setting out any charge on which the proceedings concerned are based; b specifying the stipulated evidence, document or thing in such a way as to enable the directed person to identify it; c specifying grounds for believing that the directed person is likely to be able to give the stipulated evidence or to produce the stipulated document or thing; d specifying grounds for believing that the stipulated evidence is likely to be material evidence or, as the case may be, that the stipulated document or thing is likely to be material evidence. 4 A copy of the application and the supporting affidavit shall be served on the directed person at the same time as it is served on the chief clerk. 5 The directed person may, within 7 days of receiving a copy of the application under paragraph (4), inform, in writing, the chief clerk whether or not he wishes to make representations, concerning the issues of the witness summons proposed to be directed to him, at a hearing and may also make written representations to the chief clerk. 6 The chief clerk shall— a if the directed person indicates that he wishes to have the application considered at a hearing, fix a time, date and place for the hearing; b if the directed person does not indicate in accordance with paragraph (5) that he wishes to make representations at a hearing, refer the application to a judge of the Crown Court for determination with or without a hearing; and c notify the applicant and, where sub-paragraph (a) applies, the directed person of the time, date and place fixed for any hearing of the application. 7 Any hearing under this rule shall, unless the judge directs otherwise, take place in private and the proceedings at the hearing shall be recorded. 8 In the case of an application for a witness summons which it is proposed shall require the directed person to give evidence but not to produce any document or thing, that application may be made orally to a judge or in writing and, in such a case— a paragraphs (3) to (7) shall not have effect; and b the application shall, in addition to the matters set out in sub-paragraphs (a) to (c) of paragraph (2), specify— i any charge on which the proceedings concerned are based; and ii the grounds for believing that the direct person is likely to be able to give the stipulated evidence. 9 Subject to paragraph (10), in the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made within 7 days of the date fixed for trial, the chief clerk shall refer the notice of application— a where the offence charged is a scheduled offence, to such judge as has been designated by the Lord Chief Justice for the purposes of hearing the application; b in any other case, to the trial judge, or such other judge as may be available, to determine the application or to give such directions as the judge to whom the notice is referred considers appropriate, and paragraphs (2)(d)(i) and (4) to (6) shall not have effect. 10 In the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made during the trial, such application shall be made orally to the trial judge, to determine the application or to give such directions as he considers appropriate, and in such a case— a paragraphs (3) to (7) shall not have effect; and b the application shall, in addition to the matters set out in sub-paragraphs (a) to (c) of paragraph (2), specify the grounds for believing that the directed person is likely to be able to produce the document or thing. Application that summons be no further effect 71 1 This rule applies to an application under section 51C of the Act 2 The application shall be made in writing to the chief clerk as soon as reasonably practicable after the document or thing has been produced for inspection in pursuance of a requirement imposed by the witness summons under section 51B of the Act. 3 The application shall state that the applicant concludes that the requirement imposed by the witness summons under section 51A(2) of the Act is no longer needed. 4 If a direction is given under section 51C of the Act following the application, the chief clerk shall notify the person to whom the witness summons is directed as to the effect of the direction. Application to make summons issues on application ineffective 72 1 This rule applies to an application under section 51D of the Act. 2 The application shall be made in writing to the chief clerk and shall— a state that the applicant was not served with notice of the application to issue the summons and that he was neither present nor represented at any hearing of that application; and b set out the reasons why the applicant considers that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence. 3 On receiving the application, the chief clerk shall— a serve notice of the application on the person on whose application the witness summons was issued; b refer the application, where the offence charged is a schedule offence, to such judge as has been designated by the Lord Chief Justice for the purposes of determining the application; c refer the application, in any other case— i if the trial has started, to the trial judge; or ii if the application is received before the start of the trial, either to the judge who has been designated to conduct the trial, or if no judge has been designated for that purpose, to the judge who issued the witness summons to which the application relates. 4 The court shall not grant or, as the case may be, refuse the application unless the applicant and the person on whose application the witness summons was issued have been given an opportunity of making representations, whether at a hearing or (where they agree to do so) in writing without a hearing. 5 In a case where the witness summons to which the application relates imposed a requirement to produce any document or thing, then if— a the applicant can produce that document or thing, but b he seeks to satisfy the court that the document or thing is not likely to be material evidence, the applicant must, unless the judge directs otherwise, arrange for the document or thing to be available at the hearing of the application. 6 Any hearing under this rule shall, unless the judge directs otherwise, take place in private and the proceedings at the hearing shall be recorded. 7 The chief clerk shall notify the applicant and the person on whose application the witness summons was issued of the decision of the court in relation to the application. Application to make summons issued of court's own motion ineffective 73 1 Rule 72 shall apply to an application under section 51F of the Act as it applies to an application under section 51D of that Act, subject to the following modifications. 2 Paragraphs (2)(a) and (3)(a) shall be omitted. 3 In paragraphs (4) and (7), the words “and the person on whose application the witness summons was issued” shall be omitted. 4 In paragraph (4), for the words “(where they agree to do so)", there shall be substituted the words "(where he agrees to do so)”.] [ PART XI APPLICATIONS UNDER SCHEDULE 6A TO THE TERRORISM ACT 2000, [THE CRIMINAL JUSTICE AND POLICE ACT 2001 ] AND THE PROCEEDS OF CRIME ACT 2002 Interpretation 74 In this Part of these Rules:— “ the Act ” means the Proceeds of Crime Act 2002 and a reference to a section by number is a reference to the section so numbered in the Act; expressions which are defined in the Act have the same meaning as in the Act; [ “ the chief clerk ” includes such other civil servant in the Department of Justice as may be authorised to act on his behalf for the purpose in question.] [ ...] Time for payment 76 1 Notice of an application under section 161 shall be made to the chief clerk in writing. 2 On receiving a notice under paragraph (1) the chief clerk shall— a forthwith send a copy to the prosecutor [ ...]; and b notify the parties of the date and time of the hearing. [ Application for compliance order 76A 1 Notice of an application under section 163A(3)(b) shall be made to the chief clerk in writing and shall— a state the name and address of the defendant and the Crown Court case number; b give details of the relevant confiscation order, including any variations thereto; c specify the amount outstanding under the confiscation order; d give full particulars of the matters relied upon in support of the application; and e state the date and place of the hearing. 2 Subject to paragraph (3), the prosecutor shall, not less than seven days before the date fixed for hearing, serve a copy of the notice on— a the defendant; b any other person of whom the prosecutor is aware who would be a person affected by the order; and c the receiver, if appointed. 3 An application under paragraph (1) may be made ex parte if— a it is urgent; or b there are reasonable grounds to believe that the giving of notice would cause a reasonable apprehension of dissipation of the realisable property which is the subject of the relevant confiscation order. 4 Where the Court makes a compliance order, the chief clerk shall forthwith serve a copy of the order on— a the defendant; b any person affected by the order of whom the prosecutor is aware; and c if appointed, the receiver. Application for discharge or variation of a compliance order 76B 1 Notice of an application under section 163A(5) shall be made to the chief clerk in writing and shall— a state the name and address of the defendant and the Crown Court case number; b give details of the confiscation order and any variations thereto; c give details of the compliance order and any variations thereto; d specify any amount outstanding under the confiscation order; and e give full particulars of the matters relied upon in support of the application. 2 The applicant shall serve the notice on the receiver, if appointed, and— a the prosecutor; b the defendant; and c any other person affected by the order, where be is not the applicant. 3 Any party served with a notice under paragraph (2) may, within seven days of receiving the notice, inform the chief clerk in writing that he wishes to make representations. 4 After the expiry of the period referred to in paragraph (3), the Court shall determine whether an application under paragraph (1) is to be dealt with— a without a hearing, or b at a hearing at which the parties may be represented, and the chief clerk shall inform the parties accordingly. 5 Where the Court makes an order discharging or varying a compliance order, a copy of the order shall be served by the chief clerk on all those who were served with a copy of the application under paragraph (2). Postponement 77 1 Notice of an application under section 164(7) shall be made to the chief clerk in writing and at the same time a copy served on the opposite party who shall within 28 days notify the applicant and the chief clerk, in writing, whether or not he proposes to oppose the application, giving the reason for any such opposition. 2 After the expiry of the period referred to in paragraph (1), the Court shall determine whether the application is to be dealt with— a without a hearing, or b at a hearing at which the parties may be represented, and the chief clerk shall inform the parties accordingly. 3 Where the Court makes an order pursuant to an application under section 164(7), the chief clerk shall forthwith send a copy of the order to the applicant and to the opposite party. Statements in connection with the making of confiscation orders 78 1 Where the prosecutor [ ...] is required or proposes to give to the Court a statement under section 166 or section 168, he shall serve it within such time as the Court may direct on the chief clerk and at the same time serve a copy thereof on the defendant. 2 Any statement given to the court by the prosecutor [ ...] under section 166 or 168 shall include the following particulars— a the name of the defendant and the Crown Court case number; b the name of the person by whom the statement is given, and if different, the name of the person by whom it is made; c the date on which the conviction for the offence occurred; and d the matters relied on in support of any allegation made or matter indicated. 79 Where under section 167 the defendant is ordered to indicate the extent to which he accepts any allegation contained within a statement given by the prosecutor, [ ...] unless the Court directs otherwise, he shall indicate so in writing to the chief clerk, and at the same time serve a copy on the opposite party. 80 Where under section 168 the defendant is ordered by the Court to provide information, unless the Court directs otherwise, the information shall be provided in writing to the chief clerk, and at the same time served on the opposite party. Reconsideration of case or benefit 81 1 Notice of an application under section 169, section 170 or section 171 shall be made in writing to the chief clerk. 2 The notice under paragraph (1) shall— a state the name and address of the defendant and the Crown court case number; b give the date on which any relevant conviction occurred; c give the date on which any relevant confiscation order was made, or as the case may be, varied; d give full particulars of the matters relied upon in support of the application. 3 On receiving a notice under paragraph (1) the chief clerk shall— a forthwith send a copy to the defendant; and b notify the parties of the date and place of the hearing. 4 Where the Court makes an order pursuant to an application under section 169, section 170 or section 171, the chief clerk shall forthwith send a copy of the order to the applicant and to the defendant. Reconsideration of available amount 82 1 Notice of an application under section 172 shall be made in writing to the chief clerk. 2 The notice under paragraph (1) shall— a state the name and address of the defendant and the Crown Court case number; b give the date on which any relevant conviction occurred; c give the date on which any relevant confiscation order was made, or as the case may be, varied; d give full particulars of the matters relied upon in support of the application. 3 The chief clerk shall, not less than seven days before the date fixed for the hearing, send a copy of the notice received under paragraph (1) together with notification of the date and place of the hearing to— a the defendant; b where the applicant is the prosecutor [ ...], the receiver if appointed; c where the receiver is the applicant— i the prosecutor; or [ ...] and shall notify the applicant of the date and place of the hearing. 4 Where the Court makes an order pursuant to an application under section 172, the chief clerk shall forthwith send a copy of the order to every person to whom the notice was sent under paragraph (3). Variation: inadequacy of available amount 83 1 Notice of an application under section 173 shall be made to the chief clerk in writing. 2 The applicant shall, not less than seven days before the date fixed for the hearing, send a copy of the notice together with notification of the date and place of the hearing to— a the prosecutor; b the defendant; and c the receiver, if appointed, where he is not the applicant.] 3 Where the Court makes an order pursuant to an application under section 173, the chief clerk shall forthwith send a copy of the order to every person to whom notice was sent under paragraph (2). Discharge 84 1 Notice of an application made under section [ 174, 175 or 175A] shall be made in writing and shall— a give details of the confiscation order; b specify the amount outstanding under the confiscation order; and c give full particulars of the matters relied upon in support of the application. 2 The applicant shall serve the notice on— a the chief clerk, where he is not the applicant; b the defendant; [ or where the application is made under section 175A, his personal representative;] c the prosecutor, where he is not the applicant; and d the receiver, where one has been appointed. 3 Any party served with a notice under paragraph (2) may, within seven days of receiving the notice, inform the chief clerk in writing that he wishes to make representations. 4 After the expiry of the period referred to in paragraph (3), the Court shall determine whether an application under paragraph (1) is to be dealt with— a without a hearing, or b at a hearing at which the parties may be represented, and the chief clerk shall inform the parties accordingly. 5 Where the Court makes an order discharging the confiscation order, the chief clerk shall forthwith serve a copy of the order on the defendant, [(c) or where appropriate, his personal representative], the prosecutor and if appointed, the receiver. Application to proceed where defendant absconds 85 Notice of an application under section 177 or 178 shall be made to the chief clerk in writing and shall, at the same time, be served on any person of whom the applicant is aware who may be affected by the application. Application for variation of confiscation order made against absconder 86 1 Notice of an application under section 179 shall be made to the chief clerk in writing. 2 The notice under paragraph (1) shall include particulars of the following— a the relevant confiscation order; b the circumstances in which the defendant ceased to be an absconder; c the defendant's conviction of the offences concerned; and d the reasons why the defendant believes the amount required to be paid is too large. 3 The chief clerk shall, not less than seven days before the date fixed for the hearing, send a copy of the notice received under paragraph (1)— a to the prosecutor, [ ...]; and b notify the parties of the date and place appointed for the hearing. Application for discharge of confiscation order made against absconder 87 1 Notice of an application under section 180 shall be made to the chief clerk in writing. 2 The notice under paragraph (1) shall include particulars of the following— a the relevant confiscation order; b the date on which the applicant ceased to be an absconder; c the acquittal of the defendant for the offence concerned, if the defendant has been acquitted; and d if the defendant has not been acquitted— i the undue delay in continuing the proceedings; or ii any indication given by the prosecutor that he does not intend to continue the proceedings. 3 The chief clerk shall, not less than seven days before the date fixed for the hearing, send a copy of the notice received under paragraph (1)— a to the prosecutor, [ ...]; and b notify the parties of the date and place appointed for the hearing. Application for increase in term of imprisonment 88 1 Notice of an application under section 188(5) to increase the term of imprisonment or detention fixed in default of payment of a confiscation order shall be made to the chief clerk in writing. 2 The notice under paragraph (1) shall— a state the name and address of the defendant; b give full particulars of the matters relied upon in support of the application; c give details of any enforcement measures taken; and d include a copy of the confiscation order. 3 On receiving a notice under paragraph (1) the chief clerk shall— a forthwith send a copy of said notice to the defendant; and b notify the parties of the date and place appointed for the hearing of the application. 4 Where the Court makes an order pursuant to an application under section 188(5), the chief clerk shall forthwith send a copy of the order to the parties and where the defendant is in custody at the time of making of the order, the person having custody of him. Compensation 89 1 Notice of an application for compensation under section 220 shall be made to the chief clerk in writing. 2 The chief clerk shall, not less than seven days before the date fixed for the hearing, send a copy of the notice received under paragraph (1) together with notification of the date and place of the hearing to— a the person alleged to be default; and b the person by whom the compensation would be payable under section 220(9); and notify the applicant of the date and place of the hearing. 90 1 Notice of an application for compensation under section 221 shall be made to the chief clerk in writing. 2 The notice under paragraph (1) shall include— a details of the confiscation order and its variation or discharge; b full particulars of the realisable property held by the applicant; c details of the loss suffered by the applicant as a result of the making of the order. 3 The chief clerk shall, not less than seven days before the date fixed for the hearing— a send a copy of the notice received under paragraph (1) to the prosecutor[(a)...]; and b notify the parties of the date and place of the hearing of the application. Appointment of a receiver 91 1 Notice of an application under section 198 for the appointment of a receiver shall be made to the chief clerk in writing. 2 The notice shall be supported by an affidavit— a giving full particulars of the matters relied upon in support of the application; b stating the name, address and position of the proposed receiver; c giving, to the best of the deponent's ability, full particulars of the realisable property in respect of which the order is sought and specifying the person holding such property; d if the proposed receiver is not a member of staff of [ ...] the Department of Director of Public Prosecutions (Northern Ireland) or the Commissioners of Her Majesty's Customs and Excise and the applicant is asking the court to allow the receiver to act without giving security or before he has given security or satisfied the court that he has security in place, explain the reasons why that is necessary. 3 Subject to paragraph (4), the applicant shall, not less than seven days before the date fixed for the hearing of the application, serve copies of the notice and accompanying affidavit, together with notice in writing of the date and place appointed for the hearing of the application on— a the defendant; b any person who holds realisable property to which the application relates; and c any other person of whom the applicant is aware who may be affected by the application. 4 An application under paragraph (1) may be made ex parte if— a it is urgent; or b there are reasonable grounds to believe that the giving of notice would cause a reasonable apprehension of dissipation of the realisable property which is the subject of the application. 5 Where the Court makes an order for the appointment of a receiver, the applicant shall serve copies of the order and affidavit in support on— a the defendant; b the receiver; c any person who holds realisable property to which the application relates; and d any other person of whom the applicant is aware who may be affected by the order. Application for conferment of powers 92 1 Notice of an application for an order for the conferment of powers on a receiver under section 199 or section 201 shall be made to the chief clerk in writing. 2 The notice shall be supported by an affidavit, which shall include— a full particulars of the matters relied upon in support of the application; b to the best of the deponent's ability, full particulars of the realisable property in respect of which the order is sought and details of the person holding such property. 3 Subject to paragraph (4), the applicant shall, not less than seven days before the date fixed for the hearing of the application, serve copies of the notice and accompanying affidavit, together with notice in writing of the date and place appointed for the hearing of the application on— a the defendant; b the receiver, if already appointed; c any person who holds realisable property to which the application relates; and d any other person of whom the applicant is aware who may be affected by the application. 4 Except where section 199(8) or section 201(8) apply, an application under paragraph (1) may be made ex parte if the application is to confer on the receiver power to take possession of property and— a the case is one of urgency; or b the giving of notice would cause a reasonable apprehension of dissipation of the realisable property which is the subject of the application. 5 Where the Court makes an order for the conferment of powers on the receiver, the applicant shall serve copies of the order and affidavit in support on— a the defendant; b the receiver; c any person who holds realisable property to which the application relates; and d any other person of whom the applicant is aware who may be affected by the order. Application for leave 93 1 Notice of an application for leave under section 207(2) or section 208(2) shall be made to the chief clerk in writing. 2 The applicant shall, not less than seven days before the date fixed for the hearing of the application, serve copies of the notice, together with notice in writing of the date and place appointed for the hearing of the application on— a the tenant; b the receiver; c the person against whom the confiscation order has been made; and d any other person of whom the applicant is aware who may be affected by the application. Application for discharge or variation and applications for other orders 94 1 Notice of an application under section 210(3) or section 211(1) shall be made to the chief clerk in writing. 2 The applicant shall, not less than seven days before the date fixed for the hearing of the application, serve copies of the notice and accompanying affidavit, together with notice in writing of the date and place of the hearing on— a the person who applied for the appointment of the receiver; b the defendant; c any person who holds realisable property in respect of which the receiver has been appointed; d the receiver; and e any other person of whom the applicant is aware who may be affected by the application, where he is not the applicant. 3 Where the Court makes an order under section 211 (2), a copy of the order shall be served by the applicant on all those who were served with a copy of the application under paragraph (4). Sums in the hands of receivers 95 1 Where the receiver has fully paid the amount payable under the confiscation order and any sums remain in his hands, notice of an application for directions as to the distribution of the sums in his hands shall be made to the chief clerk in writing. 2 The applicant shall, not less than seven days before the date fixed for the hearing of the application, serve copies of the notice, together with notice in writing of the date and place of the hearing, on— a the defendant; and b any person who holds realisable property in respect of which the receiver has been appointed. Security 96 1 This rule applies where a receiver is appointed under section 198 [ ...] and the receiver is not a member of staff of [ ...] the Department of the Director of Public Prosecutions (Northern Ireland) or the Commissioners of Her Majesty's Customs and Excise. 2 An order for the appointment of a receiver may include such direction as the Court sees fit as to the giving of security by the person appointed. 3 Where by virtue of an order appointing a receiver a person is required to give security in accordance with this rule, he must give security approved by the Court duly to account for what he receives as receiver and to deal with it as the Court directs. 4 Unless the Court otherwise directs, the security shall be by way of guarantee which must be lodged with the chief clerk who shall retain it until it is duly vacated. Remuneration 97 1 This rule applies where a receiver is appointed under section 198 [ ...] and the receiver is not a member of staff of [ ...] the Department of the Director of Public Prosecutions (Northern Ireland) or the Commissioners of Her Majesty's Customs and Excise. 2 A person appointed as receiver shall be allowed such remuneration, if any, as may be authorised by the Court and the Court may direct that such remuneration shall be fixed by reference to such scales or rates of professional charges as it thinks fit. Accounts 98 1 A receiver shall submit such accounts to such parties at such intervals or on such dates as the Court may direct. 2 Any party to whom a receiver is required to submit accounts may, after giving reasonable notice to the receiver, inspect, either personally or by an agent, the books and other papers relating to such accounts. 3 Any party who is dissatisfied with the accounts of the receiver may give notice in writing specifying the item to which objection is taken and requiring the receiver within not less than fourteen days to lodge his accounts with the Court and a copy of such notice shall be lodged with the chief clerk. 4 Following an examination by the Court of an item or items in an account to which objection is taken, the result of such examination must be certified by the Court and an order may be made as to the incidence of any costs or expenses incurred. Default by receiver 99 1 Where a receiver fails to comply with any order of the Court or any obligation under these Rules, the Court may order him to attend a hearing to show cause for his failure. 2 At a hearing under paragraph (1), the Court may make any order it thinks proper including— a an order for discharge of the receiver and appointment of another receiver; b an order reducing or disallowing any remuneration claimed by the receiver; and c an order for the payment of costs. Production orders: discharge and variation 100 1 An application under section 351 (3)(b) shall be made in writing, giving full particulars of the matters relied upon in support of the application, and shall be served on— a the chief clerk [ ...] and b a constable at the police station specified in the production order; or c where the production order which is the subject of the application was not obtained by a constable, the office of the appropriate officer who obtained the order, as specified in the order. 2 An application under paragraph (1) may be determined with or without a hearing and if a hearing is directed the chief clerk shall notify the parties of the time and place of the hearing. Disclosure orders: discharge and variation 101 An application under section 362(3)(b) shall be made in writing, giving full particulars of the matters relied upon in support of the application, and shall be served on— a the chief clerk [ ...]; and b the [ prosecutor]. Customer information orders and account monitoring orders: discharge and variation 102 1 This rule applies to applications— a by a person other than a police officer under paragraph 4(1) of Schedule 6A to the Terrorism Act 2000 for the discharge or variation of an account monitoring order; and b under section 369(3)(b) for the discharge or variation of a customer information order; and c under section 375(2)(b) for the discharge or variation of an account monitoring order. 2 Notice of an application under paragraph (1) shall be made in writing, giving full particulars of the matters relied upon in support of the application, and shall be served on— a the chief clerk [ ...]; and b a constable at the police station specified in the order which is the subject of the application; or c where the order which is the subject of the application was not obtained by a constable, the office of the appropriate officer who obtained the order, as specified in the order. Application for letter of request 103 1 Notice of an application under section 376 shall, be made to the chief clerk [ ...] in writing and shall— a state the grounds of the confiscation investigation and give particulars of any related criminal proceedings; b include particulars of the assistance requested in the form of a draft letter of request. 2 An application under paragraph (1) may be heard ex parte. Sending a letter of request 104 Where a judge issues a letter of request under section 376(2) the chief clerk shall send it to the Secretary of State.] [ Criminal Justice and Police Act 2001 105 1 In this rule— “ the 2001 Act ” means the Criminal Justice and Police Act 2001 ; a reference to a section by number is a reference to the section so numbered in the 2001 Act; and expressions which are defined in the 2001 Act shall have the same meaning as in the 2001 Act; and “chief clerk” [ ...] includes any other [ civil servant in the Department of Justice] as may be authorised to act on his behalf for the purpose in question. 2 Notice of an application under section 59 shall be made in writing to the chief clerk and shall— a where the application is made under section 59(2), specify upon which of the grounds in section 59(3) the application is made and— i where the application is made under section 59(3)(a), specify why the applicant considers there was no power to make the seizure; ii where the application is made under section 59(3)(b), (c) or (d), describe the property and specify why the applicant considers it should be returned; b where the application is made to authorise the retention of property by a person for the time being in possession of the property, specify upon which of the grounds in section 59(7) the application is made. 3 Where the applicant is a person with a relevant interest, the applicant shall, at the same time as the notice is given to the chief clerk, serve a copy on— a the person for the time being in possession of the property; b the person, if any, identified as being the person to whom notice of such an application should be given by a notice served under section 52 when the property was seized; and c any other person appearing to have a relevant interest in the property. 4 Where the applicant is a person for the time being in possession of the property, the applicant shall, at the same time as the notice is given to the chief clerk, serve a copy on— a the person from whom the property was seized; and b any other person appearing to have a relevant interest in the property. 5 Any person served with a copy of a notice under paragraph (3) or (4) shall within seven days— a notify the chief clerk in writing whether or not he wishes to make representations concerning the application and appear at the hearing of the application; and b if he wishes to make representations, serve on the application and the chief clerk a written statement setting out such representation. 6 The chief clerk shall— a fix a date and place for the hearing of the applications; and b notify the applicant and any person who wishes to make representations at the hearing of the date and place of such hearing. 7 The hearing of an application under section 59 may be in private, if the judge thinks necessary in the interests of justice.] Robert Lowry Turlough O'Donnell Basil Kelly R.R. Chambers R. Porter J.G. Fox R. Appleton Denis Synge Stephens James Oliver Brady James G. Doran G.B. Turkington Dated 22nd March 1979 I concur Elwyn-Jones C. Dated 26th March 1979