The Crown Court (Amendment) Rules (Northern Ireland) 2011
These Rules make a number of amendments the Crown Court Rules (Northern Ireland) 1979 (S.R 1979 No.90) (“the principal Rules”). Specifically,Rule 3(1) inserts new rule 46 to prescribe the manner for making an application to the Crown Court, by any party, where no other provision is prescribed. The application should be made in writing and delivered to the chief clerk. A copy should be given to every other person who is a party to the proceedings.Rule 3(2) inserts a definition of chief clerk for the purposes of proceedings under the Crime (International Co-operation) Act 2003 (“the 2003 Act”).Rule 3(3) omits rule 58(3) of the principal Rules to remove the requirement that all requests for assistance in criminal proceedings, under section 7 of the 2003 Act, must be sent to the Secretary of State.Rule 3(4) inserts new rules 58A and 58B into the principal Rules to prescribe the procedure for dealing with applications in respect of domestic freezing orders under sections 10-12 of the 2003 Act. Rule 58A prescribes the procedure for making an application for a domestic freezing order and Rule 58B sets out the procedure for applying for a variation or revocation of a domestic freezing order.Rule 3(5) insert new rules 60A and 60B into the principal Rules to prescribe the procedure for dealing with applications in respect of overseas freezing orders under sections 20-25 of the 2003 Act. Rule 60A provides the procedure to be followed for the consideration by the Court of an overseas freezing order, and Rule 60B provides the procedure for applying for the release of evidence which is subject to an overseas freezing order.Rule 3(6) makes a number of technical amendments to Forms 6 and 7A in the Crown Court Rules (Northern Ireland) 1979 to reflect that prosecutions are no longer undertaken by the police in Northern Ireland and update a number of references to reflect current procedural arrangements.