The Crown Court (Amendment) Rules (Northern Ireland) 1999

Link to law: http://www.legislation.gov.uk/nisr/1999/134/made/data.htm?wrap=true
Published: 1999-03-17

Statutory Rules of Northern Ireland
1999 No. 134

SUPREME COURT, NORTHERN IRELAND
CROWN COURT
The Crown Court (Amendment) Rules (Northern Ireland) 1999

Made
17th March 1999

To be laid before Parliament

Coming into operation
16th August 1999

We, the Crown Court Rules Committee, in exercise of the powers conferred upon us by section 52(1) of the Judicature (Northern Ireland) Act 1978(1), Articles 10(7) and 11(3) of the Juries (Northern Ireland) Order 1996(2) and of all other powers enabling us in that behalf, hereby with the concurrence of the Lord Chancellor makes the following Rules:—

Citation, commencement and interpretation

1.  These Rules may be cited as the Crown Court (Amendment) Rules (Northern Ireland) 1999 and shall come into operation on 16th August 1999.

Excusing of jurors

2.  After rule 47 of the Crown Court Rules (Northern Ireland) 1979(3) there shall be inserted the following new rule—

“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 10 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—

“county court division” means a county court division specified under Article 3(1) of the County Courts (Northern Ireland) Order 1980(4);

“Juries Officer” means the Juries Officer designated under Article 2(2) of the 1996 Order for the county court 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.”.

R. D. Carswell
John K. Pringle
A. R. Hart
J. O. Brady
R. Appleton
B. McGrory
J. W. Wilson
Patrick Lynch
Dated 4th March 1999

I concur

Irvine of Lairg, C.
Dated 17th March 1999

Explanatory Note

(This note is not part of the Rules.)
These Rules amend the Crown Court Rules (Northern Ireland) 1979 to provide for the Juries Officer to exercise the powers of a judge under Articles 10 and 11(1) of the Juries (Northern Ireland) Order 1996 to discharge a jury summons, excuse persons summoned from jury service or to defer such service. The Rules also provide for a right of appeal to a judge against refusal by the Juries Officer of an application for excusal or deferral of such service.


(1)
1978 c. 23

(2)
S.I. 1996/1141 (N.I. 6)

(3)
S.R. 1979 No. 90, to which there are amendments not relevant to these rules

(4)
S.I. 1980/397 (N.I. 3)
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