Judicature (Northern Ireland) Act 1978

35 Appeals to Court of Appeal from High Court.

(1) Subject as otherwise provided in this or any other statutory provision, the Court of Appeal shall have jurisdiction to hear and determine in accordance with rules of court appeals from any judgment or order of the High Court or a judge thereof. (2) No appeal to the Court of Appeal shall lie— (a) except as provided by the following provisions of this Part from any judgment of the High Court in any criminal cause or matter; (b) from an order allowing an extension of time for appealing from a judgment or order; (c) from an order of a judge giving unconditional leave to defend an action; (d) from an order or judgment of the High Court or any judge thereof where it is provided by or by virtue of any statutory provision that that order or judgment or the decision or determination upon which it is made or given is to be final; (e) from a decree absolute for the dissolution or nullity of marriage by a party aggrieved thereby who, having had time and the opportunity to appeal from the decree nisi on which the decree absolute was founded, has not appealed from that decree nisi; (ea) from a dissolution order or nullity order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 that has been made final, by a party who, having had time and the opportunity to appeal from the conditional order on which the final order was founded, has not appealed from that conditional order; (f) without the leave of the court or judge making the order, from an order of the High Court or a judge thereof made with the consent of the parties or as to costs only; (fa) from a decision of the High Court under Part 1 of the Arbitration Act 1996 in a case where that Part makes provision about appeals from the decision, except in accordance with that provision; (g) without the leave of the judge or of the Court of Appeal, from any interlocutory order or judgment made or given by a judge of the High Court, except in the following cases namely:— (i) where the liberty of the subject or the residence of, or contact with, minors is concerned; (ii) where an injunction or the appointment of a receiver is granted or refused; (iii) in the case of a decision determining the claim of any creditor or the liability of any contributory or the liability of any director or other officer under the the Companies Acts (as defined in section 2 of the Companies Act 2006 in respect of misfeasance or otherwise; (iv) in the case of a decree nisi in a matrimonial cause , a conditional order in a civil partnership cause or a judgment or order in an admiralty action determining liability; (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (vi) in such other cases as may be prescribed being cases appearing to the Rules Committee to be of the nature of final decisions; (h) from the decision of the High Court on any question of law, whether on appeal or otherwise, under sections 120 to 156 of the Representation of the People Act 1983; (i) from a decision granting or refusing a certificate under section 12 of the Administration of Justice Act 1969. (j) without the leave of the High Court or of the Court of Appeal, from a decision of the High Court under the Insolvency (Northern Ireland) Order 1989 (3) An order refusing unconditional leave to defend an action shall not be deemed to be an interlocutory order within the meaning of this section. (4) Subject to subsection (3), any doubt which may arise as to what orders or judgments are final and what are interlocutory shall be determined by the Court of Appeal. (5) Notwithstanding any provision of this section or of any other statutory provision, where any decision of a court in Northern Ireland involves the decision of any question as to the validity of any provision made by or under an Act of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly and the decision is not otherwise subject to any appeal to the Court of Appeal or the Supreme Court an appeal shall lie to the Court of Appeal by virtue of this subsection. (6) Where under any statutory provision passed or made before the commencement of this Act an appeal, either by way of case stated or upon a point of law only, lies from any lower deciding authority to the High Court or to a judge of the Court of Judicature and the decision of any such court or judge is expressed to be final, such appeal shall lie instead to the Court of Appeal, and the decision of that court shall be final.

36 Composition of Court of Appeal.

(1) Subject to the provisions of this and the next following section every appeal to the Court of Appeal, other than an appeal under the Criminal Appeal Act, and every matter preliminary or incidental to such appeal . . . shall be heard before three judges of that court and shall, where necessary, be determined according to the opinion of the majority. (2) Where the Lord Chief Justice so directs, any such appeal, . . . or matter may be heard before two judges. (3) Where in accordance with subsection (2) an appeal, . . . or matter is heard before two judges and those judges differ in opinion— (a) it shall, in the case of a criminal cause or matter, be re-heard and determined by three judges; (b) it may, in any other case, be so re-heard and determined on the application of any party thereto. (4) No judge of the Court of Appeal shall sit as a judge on the hearing of, or shall determine any application in proceedings incidental or preliminary to— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) an appeal from a judgment or order of that judge when sitting in the High Court or of a court of the High Court of which he was a member; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37 Powers of a single judge in Court of Appeal.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In any cause or matter pending before the Court of Appeal, other than an appeal under the Criminal Appeal Act, any direction incidental thereto not involving the decision of the appeal may be given by a single judge of that court, and a single judge of that court may at any time during vacation make an order granting leave to appeal to the Court of Appeal or any interim order to prevent prejudice to the claims of any parties pending an appeal as he may think fit. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38 Powers of court for purposes of appeals.

(1) For all the purposes of and incidental to the hearing or determination of any appeal, other than an appeal under the Criminal Appeal Act, against any decision or determination of a court, tribunal, authority or person (in this section referred to as “the original court”) and the amendment or enforcement of any judgment or order made thereon, the Court of Appeal shall, in addition to all other powers exercisable by it, have all the jurisdiction of the original court and may— (a) confirm, reverse or vary the decision or determination of the original court; (b) remit the appeal or any matter arising thereon to the original court with such declarations or directions as the Court of Appeal may think proper; (c) in the case of an appeal from a decision or determination of the High Court, order a retrial or make any such order as could be made in pursuance of an application for a new trial; (d) adjourn the hearing from time to time; (e) draw any inference of fact which might have been drawn or give any judgment or make any order which might have been given or made by the original court and make such further or other order as the case may require; (f) where the appeal is by case stated, amend the case stated or remit it, with such declarations or directions as the court may think proper, for hearing and determination by the original court or for re-statement or amendment or for a supplemental case to be stated thereon; (g) make such order as to costs and expenses incurred in the appeal and in the proceedings in the original court as the Court of Appeal thinks fit; (h) in special circumstances order that such security shall be given for the costs of an appeal as may be just; (i) make such other order as may be necessary for the due determination of the appeal. (2) The powers of the Court of Appeal in respect of an appeal to which subsection (1) applies— (a) shall not be restricted by reason of any interlocutory order from which there has been no appeal; and (b) may be exercised notwithstanding that no notice of appeal or respondent’s notice has been given in respect of any particular part of the decision of the original court or by any particular party to the proceedings in that court or that any ground for allowing the appeal or for affirming or varying the decision of that court is not specified in such a notice; and the Court of Appeal may make any order, on such terms as the court thinks just, to ensure the determination on the merits of the real question in controversy between the parties. (3) It shall be the duty of the original court to have regard to all such declarations and to obey all such directions, if any, as may be given by the Court of Appeal pursuant to subsection (1). (4) Judgments and orders made by the Court of Appeal shall have the like effect and may be enforced in like manner as judgments and orders made by the original court.

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41 Appeals to Supreme Court in other criminal matters.

(1) Subject to the provisions of this section, an appeal shall lie to the Supreme Court, at the instance of the defendant or the prosecutor,— (a) from any decision of the High Court in a criminal cause or matter; (b) from any decision of the Court of Appeal in a criminal cause or matter upon a case stated by a county court or a magistrates’ court. (2) No appeal shall lie under this section except with the leave of the court below or of the Supreme Court; and, subject to section 45(3), such leave shall not be granted unless it is certified by the court below that a point of law of general public importance is involved in the decision and it appears to that court or to the Supreme Court, as the case may be, that the point is one which ought to be considered by the Supreme Court. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) For the purpose of disposing of an appeal under this section the Supreme Court may exercise any powers of the court below or may remit the case to that court. (5) Schedule 1 shall have effect in relation to appeals under this section. (6) In this section, sections 44 and 45 and Schedule 1— (a) any reference to the defendant shall be construed— (i) in relation to proceedings for an offence, and in relation to an application for an order of mandamus, prohibition or certiorari in connection with such proceedings, as a reference to the person who was or would have been the defendant in those proceedings; (ii) in relation to any proceedings or order for or in respect of contempt of court, as a reference to the person against whom the proceedings were brought or the order was made; (iii) in relation to a criminal application for habeas corpus, as a reference to the person by or in respect of whom that application was made, and any reference to the prosecutor shall be construed accordingly; (b) “application for habeas corpus” means an application for a writ of habeas corpus ad subjiciendum and references to a criminal application or civil application shall be construed accordingly as the application does or does not constitute a criminal cause or matter; (c) “leave to appeal” means leave to appeal to the Supreme Court under this section; (d) an appeal under this section shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of and an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.

42 Appeals to Supreme Court in civil cases.

(1) Subject to the provisions of this section and to any restriction imposed by any statutory provision which has effect by virtue of subsection (6), an appeal shall lie to the Supreme Court from any order or judgment of the Court of Appeal in any civil cause or matter. (2) No appeal shall lie under this section except with the leave of the Court of Appeal or the Supreme Court. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) No appeal from an order or judgment of the Court of Appeal shall, unless it involves a decision of any question as to the validity of any provision made by or under an Act of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly, lie under this section in a case where by any statutory provision, including a provision of this Act, it is expressly provided (whatever form of words is used) that that order or judgment is to be final.

43 Appeals to Supreme Court from High Court.

Nothing in this Part of this Act affects the operation of Part II of the Administration of Justice Act 1969 (which provides that an appeal from the High Court shall in certain circumstances lie direct to the Supreme Court).

44 Appeal in cases of contempt of court.

(1) Subject to the provisions of this section, an appeal shall lie under this section from any order or decision of a court in Northern Ireland in the exercise of jurisdiction to punish for contempt of court (including criminal contempt); and in relation to any such order or decision the provisions of this section shall have effect in substitution for any other statutory provision, relating to appeals in civil or criminal proceedings. (2) An appeal under this section shall lie in any case at the instance of the defendant and, in the case of an application for committal or attachment, at the instance of the applicant; and the appeal shall lie— (a) from an order or decision of any inferior court (including a county court) or of a single judge of the High Court, or of any court having the powers of the High Court or a judge of that court, to the Court of Appeal; (b) from an order or decision of the Court of Appeal (including an order or a decision of that court on an appeal under this section) and from an order or decision of the High Court, other than an order or decision of a single judge thereof, or of the Court Martial Appeal Court, to the Supreme Court. (3) The court to which an appeal is brought under this section may reverse or vary the order or decision of the court below, and make such other order as may be just; and, without prejudice to the inherent powers of any court refered to in subsection (2), provision may be made by rules of court for authorising the release on bail of an appellant under this section. (4) Subsections (2) to (4) of section 41 and paragraph 1 of Schedule 1 shall apply to an appeal to the Supreme Court under this section, as they apply to an appeal to the Supreme Court under the said section 41 except that so much of the said subsection (2) as restricts the grant of leave to appeal shall apply only where the decision of the court below is a decision on appeal to that court under this section. (5) In this section “court” includes any tribunal or person having power to punish for contempt; and references in this section to an order or decision of a court in the exercise of jurisdiction to punish for contempt include references— (a) to an order or decision of the High Court or a county court under any statutory provision enabling that court to deal with an offence as if it were contempt of court; (b) to an order or decision of a county court under Article 54 or 55 of the County Courts (Northern Ireland) Order 1980 or under Article 34 or 51 of that Order so far as those Articles confer jurisdiction in respect of contempt of court; (c) to an order or decision of a magistrates’ court under Article 112 of the Magistrates’ Courts (Northern Ireland) Order 1981; (d) to an order or decision of the Court Martial or the Summary Appeal Court under section 309 of the Armed Forces Act 2006; but do not include references to orders under any provision of , the County Courts (Northern Ireland) Order 1980 or the Magistrates’ Courts (Northern Ireland) Order 1981, except those referred to in paragraphs (b) and (c). (6) This section does not apply to a conviction or sentence in respect of which an appeal lies under Part I of the Criminal Appeal Act or to a decision of the Court of Appeal under that Part of that Act; and for the purposes of that Act and of this subsection an order for the punishment of any person for contempt of court in proceedings in which he has a right of appeal against his sentence shall be treated as a sentence in those proceedings.

45 Appeal in habeas corpus proceedings.

(1) Subject to the provisions of this section, an appeal shall lie, in any proceedings upon application for habeas corpus, whether civil or criminal, against an order for the release of the person restrained as well as against the refusal of such an order. (2) No appeal shall lie by virtue of this section from an order made by a single judge on a criminal application for habeas corpus. (3) In relation to a decision of the High Court on a criminal application for habeas corpus, section 41 shall have effect as if so much of subsection (2) of that section as restricts the grant of leave to appeal were omitted. (4) Except as provided by paragraph 4 of Schedule 1 in the case of an appeal against an order of the High Court on a criminal application, an appeal brought by virtue of this section shall not affect the right of the person restrained to be discharged in pursuance of the order under appeal and (unless an order under sub-paragraph (1) of that paragraph is in force at the determination of the appeal) to remain at large regardless of the decision on appeal.

46 Exclusive jurisdiction in trial on indictment.

(1) The Crown Court shall be a superior court of record. (2) All proceedings on indictment shall be brought before the Crown Court. (3) The jurisdiction of the Crown Court under subsection (2) shall include jurisdiction— (a) in proceedings on indictment for offences, wherever committed, which are recognisable under the law of Northern Ireland; and (b) in particular, in proceedings on indictment for offences triable in Northern Ireland by virtue of any jurisdiction in admiralty. (3A) Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of Northern Ireland as they apply in relation to offences under that Act or instruments under that Act. (4) All courts of assize are hereby abolished, and commissions, whether ordinary or special, to hold any court of assize shall not be issued. (5) The jurisdiction conferred on county courts by section 40 of the County Courts Act (Northern Ireland) 1959 is hereby abolished. (6) Subject to any provision contained in or having effect under this Act, all statutory provisions and rules of law relating to the jurisdiction and procedure of any court in connection with indictable offences shall have effect subject only to such modifications as are rendered necessary by the transfer of jurisdiction to the Crown Court in accordance with the preceding provisions of this section. (7) Subject to any provision contained in or having effect under this Act and without prejudice to the generality of subsection (6), the transfer of jurisdiction to the Crown Court in accordance with the preceding provisions of this section shall not affect— (a) the practice by which, on any one indictment, the taking of pleas, the trial by jury and the pronouncement of judgment may respectively be by or before different judges; (b) the release, after respite of judgment, of a convicted person on recognizance to come up for judgment if called on, but meanwhile to be of good behaviour; (c) the manner of trying any question relating to the breach of a recognizance; or (d) the manner of execution of any sentence on conviction, or the manner in which any other judgment or order given in connection with trial on indictment may be enforced.

47 Exercise of jurisdiction by Crown Court.

(1) All proceedings in the Crown Court shall be heard and disposed of before a single judge, and— (a) any Crown Court business may be conducted at any place in Northern Ireland; (b) sittings of the Crown Court at any place may be continuous or intermittent or occasional; (c) judges may sit simultaneously to take any number of different cases in the same or in different places, and all or any of them may adjourn cases from time to time and may do so from place to place at any time. (2) The judges of the High Court and the county court shall sit in the Crown Court in accordance with directions given by the Lord Chief Justice and the cases or classes of cases suitable for allocation to judges of the High Court and to county court judges respectively and all other matters relating to the distribution of Crown Court business shall be determined in accordance with directions given by the Lord Chief Justice. (3) The places at which the Crown Court sits and the days and times when the Crown Court sits at any place shall be determined in accordance with directions given by the Lord Chief Justice. (4) Subject to section 66 (2) of the Criminal Procedure and Investigations Act 1996 (subpoenas not to issue in certain criminal cases) and to. any provision contained in or having effect under this Act, the Crown Court shall, in relation to the attendance and examination of witnesses, any contempt of court, the enforcement of its orders and all other matters incidental to its jurisdiction, have the like powers, rights and authority as the High Court or the county court. (5) Officers of the Crown Court shall be responsible for the keeping of the records of the proceedings of the court, the notification to those concerned of the place and time appointed for any proceedings or other business and such other formal or administrative matters as may be specified by directions given by the Lord Chancellor after consultation with the Lord Chief Justice. (6) The Royal Ulster Constabulary shall give effect to any orders or directions which may be given to it by the Crown Court. (7) The Lord Chief Justice may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

48 Committal for trial on indictment.

(1) A magistrates’ court committing a person for trial shall specify the place at which he is to be tried, and in selecting that place shall have regard to— (a) the convenience of the defence, the prosecution and the witnesses; (b) the expediting of the trial; and (c) any directions given by the Lord Chief Justice under section 47(2). (2) Without prejudice to the preceding provisions of this Act about the distribution of Crown Court business, the Crown Court may give directions or further directions altering the place of any trial on indictment, either by varying the decision of a magistrates’ court under subsection (1) or by substituting some other place for the place specified in a notice under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Aricle 4 of the Children’s Evidence (Northern Ireland) Order 1995(notices of transfer from magistrates’ court to Crown Court) or by varying a previous direction of the Crown Court. (3) The defendant or the prosecutor, if dissatisfied with the place of trial as fixed by the magistrates’ court , as specified in a notice 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 or as fixed by the Crown Court, may apply to the Crown Court for a direction or further direction varying the place of trial; and the court shall take the matter into consideration and may grant or refuse the application, or give such other direction as the court thinks fit. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The trial of a person committed by a magistrates’ court— (a) shall not begin until the expiration of the specified period beginning with the date of his committal or of the giving of a 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, except with his consent and the consent of the prosecutor; and (b) shall, unless the Crown Court has otherwise ordered, begin not later than the expiration of the specified period beginning with the date of his committal or of the giving of a notice of transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988or under Article 4 of the Children’s Evidence (Northern Ireland) Order 1995 (that is to say a period longer than the period specified for the purposes of paragraph (a) above for the proceedings in question). For the purposes of this subsection— (i) “the specified period” means such period for the respective purposes of paragraphs (a) and (b) as may be specified by Crown Court rules and the rules may make different provision for different places of trial or for other different circumstances; (ii) the trial shall be deemed to begin when the defendant is arraigned. (6) Directions under subsection (2) may be given on behalf of the Crown Court by an officer of the Crown Court, but the power to make orders conferred on the Crown Court by subsection (5)(b) shall be exercisable only by a judge of the court. (6A) Where a preparatory hearing has been ordered under Article 6 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988, directions altering the place of trial may be given under subsection (2) at any time before the time when the jury are sworn. (6B) The reference in subsection (6A) to the time when the jury are sworn includes the time when the jury would be sworn but for— (a) the making of an order under Part 7 of the Criminal Justice Act 2003, or (b) the application of section 5 of the Justice and Security (Northern Ireland) Act 2007 .

49 Sentences imposed and other decisions made by Crown Court.

(1) A sentence imposed, or other order made, by the Crown Court when dealing with an offender shall take effect from the beginning of the day on which it is imposed or made, unless the court otherwise directs. (2) Subject to the following provisions of this section, a sentence imposed, or other order made, by the Crown Court when dealing with an offender may be varied or rescinded by the Crown Court within the period of 56 days beginning with the day on which the sentence or other order was imposed or made . . . . (2A) The power conferred by subsection (1) may not be exercised in relation to any sentence or order if an appeal, or an application for leave to appeal, against that sentence or order has been determined. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A sentence or other order shall not be varied or rescinded under this section except by the judge of the Crown Court by whom the sentence or other order was imposed or made. (5) Subject to subsection (6), where a sentence or other order is varied under this section, the sentence or other order, as so varied, shall take effect from the beginning of the day on which it was originally imposed or made, unless the court otherwise directs. (6) For the purposes of section 16(1) of the Criminal Appeal Act (time limit for notice of appeal or of application for leave to appeal) and for the purposes of paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act.) the sentence or other order shall be regarded as imposed or made on the day on which it is so varied. (7) Crown Court rules— (a) may, as respects cases where two or more persons are tried separately on the same or related facts alleged in one or more indictment, provide for extending the period prescribed by subsection (2); (b) may, subject to the preceding provisions of this section, prescribe the cases and circumstances in which, and the time within which, any order or other decision made by the Crown Court may be varied or rescinded by the Crown Court.

50 Right of audience.

(1) A solicitor of the Court of Judicature may appear in, conduct, defend and address the court in any proceedings in the Crown Court, other than proceedings of such description (if any) as may from time to time be specified in directions given by the Lord Chief Justice under this section. (2) In considering whether to exercise his powers under this section the Lord Chief Justice shall have regard to any rights of audience heretofore exercised by solicitors at any trials on indictment and to any other circumstances affecting the public interest. (3) Any direction given under this section may be subject to such conditions and restrictions as appear to the Lord Chief Justice to be necessary or expedient. (4) Nothing in this section shall take away or affect the inherent powers of any court or judge to confer a right of audience.

51 Process to compel appearance before Crown Court.

(1) Any condition of a recognizance to appear before the Crown Court and any summons or order to appear before the Crown Court may be framed so as to require appearance at such time and place as may be directed by the Crown Court, and, if a time or place is specified in the condition, summons or order, it may be varied by any subsequent direction of the Crown Court. (2) Where an indictment has been presented although the person charged has not been committed for trial, the Crown Court may issue a summons requiring that person to appear before the Crown Court or a warrant for his arrest. (3) Where any person charged with or convicted of an offence has entered into a recognizance conditioned for his appearance before the Crown Court and in breach of that recognizance fails to appear, the Crown Court may, without prejudice to the enforcement of the recognizance, issue a warrant for his arrest. (4) The Crown Court may admit to bail, or direct the admission to bail of, any person— (a) who has been committed in custody for appearance before the Crown Court or in relation to whose case a notice of transfer has been given under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988(serious and complex fraud) or under Article 4 of the Children’s Evidence (Northern Ireland) Order 1995 (certain cases involving children); or (b) who is in the custody of the Crown Court pending the disposal of his case by the Crown Court, and the time during which a person is admitted to bail under any provision of this subsection shall not count as part of any term of imprisonment or detention under his sentence. (5) Provision may be made by Crown Court rules as respects the powers of the Crown Court relating to bail, including any provision— (a) allowing the court, instead of requiring a person to enter into a recognizance, to consent to his giving other security; (b) allowing the court to direct that a recognizance shall be entered into or other security given before a magistrates’ court . . . or, if the rules so provide, a person of such other description as is specified in the rules; (c) prescribing the manner in which a recognizance is to be entered into or other security given and the persons by whom and the manner in which the recognizance or security may be enforced; (d) authorising the recommittal, in such cases and by such courts . . . as may be prescribed by the rules, of persons released from custody in pursuance of the powers; (e) making provision as to the varying or dispensing with requirements as to sureties and the postponement of taking recognizances. (6) Any reference in any statutory provision to a recognizance shall include, unless the context otherwise requires, a reference to any other description of security given instead of a recognizance, whether in pursuance of subsection (5)(a) or otherwise. (7) The Crown Court, on issuing a warrant for the arrest of any person, may endorse the warrant for bail, and in any such case— (a) the person arrested under the warrant shall, unless the Crown Court otherwise directs, be taken to a police station, and (b) the officer in charge of the station shall release him from custody if he, and any sureties required by the endorsement and approved by the officer, enter into recognizances of such amount as may be fixed by the endorsement. (8) A person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before the Crown Court shall be brought forthwith before either the Crown Court or any magistrates’ court, and if he is brought before a magistrates’ court— (a) the court shall commit him in custody or release him on bail until he can be brought or appear before the Crown Court at the time and place appointed by the Crown Court; and (b) if the warrant is endorsed for bail but the person in custody is unable to satisfy the conditions endorsed, the magistrates’ court may vary those conditions if satisfied that it is proper to do so.

51A Issue of witness summons on application to Crown Court.

(1) This section applies where the Crown Court is satisfied that— (a) a person is likely to be able to give evidence likely to be material evidence, or produce any document or thing likely to be material evidence, for the purpose of any criminal proceedings before the Crown Court, and (b) it is in the interests of justice to issue a summons under this section to secure the attendance of that person to give evidence or to produce the document or thing. (2) In such a case the Crown Court shall, subject to the following provisions of this section, issue a summons (a witness summons) directed to the person concerned and requiring him to— (a) attend before the Crown Court at the time and place stated in the summons, and (b) give the evidence or produce the document or thing. (3) A witness summons may only be issued under this section on an application; and the Crown Court may refuse to issue the summons if any requirement relating to the application is not fulfilled. (4) Where a person has been committed for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after the committal. (5) Where the proceedings concerned have been transferred to the Crown Court, an application must be made as soon as is reasonably practicable after the transfer. (6) Where the proceedings concerned relate to an offence in relation to which an indictment has been presented under the authority of section 2(2)(c), (d), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969, an application must be made as soon as is reasonably practicable after the indictment is presented. (7) An application must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case. (8) Crown Court rules— (a) may, in such cases as the rules may specify, require an application to be made by a party to the case; (b) may, in such cases as the rules may specify, require the service of notice of an application on the person to whom the witness summons is proposed to be directed; (c) may, in such cases as the rules may specify, require an application to be supported by an affidavit containing such matters as the rules may stipulate; (d) may, in such cases as the rules may specify, make provision for enabling the person to whom the witness summons is proposed to be directed to be present or represented at the hearing of the application for the witness summons. (9) Provision contained in Crown Court rules by virtue of subsection (8)(c) may in particular require an affidavit to— (a) set out any charge on which the proceedings concerned are based; (b) specify any stipulated evidence, document or thing in such a way as to enable the directed person to identify it; (c) specify grounds for believing that the directed person is likely to be able to give any stipulated evidence or produce any stipulated document or thing; (d) specify grounds for believing that any stipulated evidence is likely to be material evidence; (e) specify grounds for believing that any stipulated document or thing is likely to be material evidence. (10) In subsection (9)— (a) references to any stipulated evidence, document or thing are to any evidence, document or thing whose giving or production is proposed to be required by the witness summons; (b) references to the directed person are to the person to whom the witness summons is proposed to be directed.

51B Power to require advance production.

A witness summons which is issued under section 51A and which requires a person to produce a document or thing as mentioned in section 51A(2) may also require him to produce the document or thing— (a) at a place stated in the summons, and (b) at a time which is so stated and precedes that stated under section 51A(2), for inspection by the person applying for the summons.

51C Summons no longer needed.

(1) If— (a) a document or thing is produced in pursuance of a requirement imposed by a witness summons under section 51B, (b) the person applying for the summons concludes that a requirement imposed by the summons under section 51A(2) is no longer needed, and (c) he accordingly applies to the Crown Court for a direction that the summons shall be of no further effect, the court may direct accordingly. (2) An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case. (3) Crown Court rules may, in such cases as the rules may specify, require the effect of a direction under this section to be notified to the person to whom the summons is directed.

51D Application to make summons ineffective.

(1) If a witness summons issued under section 51A is directed to a person who— (a) applies to the Crown Court, (b) satisfies the court that he was not served with notice of the application to issue the summons and that he was neither present nor represented at the hearing of the application, and (c) satisfies the court 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, the court may direct that the summons shall be of no effect. (2) For the purposes of subsection (1) it is immaterial— (a) whether or not Crown Court rules require the person to be served with notice of the application to issue the summons; (b) whether or not Crown Court rules enable the person to be present or represented at the hearing of the application. (3) In subsection (1)(b) “served” means— (a) served in accordance with Crown Court rules, in a case where such rules require the person to be served with notice of the application to issue the summons; (b) served in such way as appears reasonable to the Crown Court, in any other case. (4) The Crown Court may refuse to make a direction under this section if any requirement relating to the application under this section is not fulfilled. (5) An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case. (6) Crown Court rules may, in such cases as the rules may specify, require the service of notice of an application under this section on the person on whose application the witness summons was issued. (7) Crown Court rules may, in such cases as the rules may specify, require that where— (a) a person applying under this section can produce a particular document or thing, but (b) he seeks to satisfy the court that the document or thing is not likely to be material evidence, he must arrange for the document or thing to be available at the hearing of the application. (8) Where a direction is made under this section that a witness summons shall be of no effect, the person on whose application the summons was issued may be ordered to pay the whole or any part of the costs of the application under this section. (9) Any costs payable under an order made under subsection (8) shall be taxed by the Master (Taxing Office), and payment of those costs shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case or as a sum adjudged summarily to be paid as a civil debt.

51E Issue of witness summons of Crown Court’s own motion.

For the purpose of any criminal proceedings before it, the Crown Court may of its own motion issue a summons (a witness summons) directed to a person and requiring him to— (a) attend before the court at the time and place stated in the summons; and (b) give evidence or produce any document or thing specified in the summons.

51F Application to make summons ineffective.

(1) If a witness summons issued under section 51E is directed to a person who— (a) applies to the Crown Court, and (b) satisfies the court 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, the court may direct that the summons shall be of no effect. (2) The Crown Court may refuse to make a direction under this section if any requirement relating to the application under this section is not fulfilled. (3) An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case. (4) Crown Court rules may, in such cases as the rules may specify, require that where— (a) a person applying under this section can produce a particular document or thing, but (b) he seeks to satisfy the court that the document or thing is not likely to be material evidence, he must arrange for the document or thing to be available at the hearing of the application.

51G Punishment for disobedience to witness summons.

(1) Any person who without just excuse— (a) disobeys a witness summons requiring him to attend before the Crown Court; or (b) disobeys a requirement made by the Crown Court under section 51B, shall be guilty of contempt of that court and may be punished summarily by that court as if his contempt were in the face of the court. (2) A person shall not be committed to prison by reason of any disobedience mentioned in subsection (1) for a period exceeding three months.

51H Further process to secure attendance of witnesses.

(1) If the Crown Court is satisfied by evidence on oath that— (a) a witness in respect of whom a witness summons is in force is unlikely to comply with the summons; and (b) the witness is likely to be able to give evidence likely to be material evidence or produce any document or thing likely to be material evidence in the proceedings, the Crown Court may issue a warrant to arrest the witness and bring him before the court. (2) Where a witness who is required to attend before the Crown Court by virtue of a witness summons fails to attend in compliance with the summons, the Crown Court may— (a) in any case, cause to be served on him a notice requiring him to attend the court forthwith or at such time as may be specified in the notice; (b) if the court is satisfied that there are reasonable grounds for believing that he has failed to attend without just excuse, or if he has failed to comply with a notice under paragraph (a), issue a warrant to arrest him and bring him before the court. (3) A witness brought before the Crown Court in pursuance of a warrant under this section may be remanded by that court in custody or on bail (with or without sureties) until such time as the court may appoint for receiving his evidence or dealing with him under section 51G. (4) Where a witness attends the Crown Court in pursuance of a notice under this section, the court may direct that the notice shall have effect as if it required him to attend at any later time appointed by the court for receiving his evidence or dealing with him under section 51G.” (2) No subpoena ad testificandum or subpoena duces tecum shall issue after the appointed day in respect of any criminal proceedings for the purposes of which— (a) a witness summons may be issued under section 51A of the Judicature (Northern Ireland) Act 1978; or (b) a summons may be issued under Article 118 of the Magistrates’ Courts (Northern Ireland) Order 1981 (process for attendance of witnesses in magistrates’ courts). (3) In section 47(4) of the Judicature (Northern Ireland) Act 1978 after the words “Subject to” there shall be inserted the words “section 66(2) of the Criminal Procedure and Investigations Act 1996 (subpoenas not to issue in certain criminal cases) and to”. (4) This section applies in relation to any proceedings for the purposes of which no summons requiring the attendance of a witness has been issued before the appointed day. (5) The references in subsections (2) and (4) to the appointed day are to such day as is appointed for the purposes of this section by the Secretary of State by order.

52 Crown Court rules.

(1) Subject to any statutory provision, Crown Court rules may be made in accordance with section 53A for the purpose of regulating and prescribing— (a) the practice and procedure to be followed in the Crown Court; and (b) the form and content of indictments, and in this or any other statutory provision having effect in Northern Ireland “Crown Court rules” means rules so made. (2) Sections 1 and 2 of the Indictments Act (Northern Ireland) 1945 shall cease to have effect on such date as may be appointed in Crown Court rules made for the purpose mentioned in subsection (1)(b).

53 Crown Court Rules Committee.

(1) There shall be a committee known as the Northern Ireland Crown Court Rules Committee (in this Act referred to as the Crown Court Rules Committee) which, subject to section 54(2), shall consist of— (a) the Lord Chief Justice who shall be chairman; (b) two judges of the High Court or the Court of Appeal nominated from time to time by the Lord Chief Justice; (c) two county court judges nominated by the Lord Chief Justice; (d) a resident magistrate nominated by the Lord Chief Justice; (e) the Master (Queen’s Bench and Appeals); (f) a practising member of the Bar of Northern Ireland nominated by the Lord Chancellor; (g) one other a practising member of the Bar of Northern Ireland nominated by the Council thereof; (h) the president of the Incorporated Law Society of Northern Ireland or a member of the Council thereof nominated by him; (i) a practising solicitor nominated by that Council; (j) a Public Prosecutor nominated by the Director of Public Prosecutions for Northern Ireland; (k) a practising member of the Bar of Northern Ireland or a practising solicitor nominated by the Attorney General for Northern Ireland, and shall have the functions conferred on it in relation to the making of Crown Court rules by section 52. (1A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (1)(c) or (d)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act). (2) The joint secretaries to the Crown Court Rules Committee shall be the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor; and whichever of them is nominated by the Lord Chancellor shall, in relation to Crown Court rules, be the responsible officer within the meaning of Articles 5 and 7 of the Statutory Rules (Northern Ireland) Order 1979. (3) Sections 54(2), (3), (4) and (6), 55(3) and 56(1)(2) and (2A) shall apply to the Crown Court Rules Committee and Crown Court rules as if references in those provisions to the Rules Committee and rules of court included references to the Crown Court Rules Committee and Crown Court rules respectively. (4) In the application of section 56(1) by virtue of subsection (3), references to section 55A include references to section 53A.

53A Making of Crown Court rules

(1) It is for the Crown Court Rules Committee to make Crown Court rules. (1A) For the purposes of this section, “relevant authority” means— (a) in relation to Crown Court rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and (b) otherwise, the Department of Justice; and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998. (2) After making Crown Court rules the Committee must submit them to the relevant authority. (3) The relevant authority must allow or disallow Crown Court rules submitted to it. (4) Crown Court rules have effect only if allowed by the relevant authority. (5) If the relevant authority disallows Crown Court rules, the relevant authority must give the Committee written reasons why it has disallowed them. (6) Subsection (7) applies if the relevant authority gives the Committee written notice that it thinks it is expedient for Crown Court rules to include provision that would achieve a purpose specified in the notice. (7) The Committee must make such Crown Court rules as it considers necessary to achieve the specified purpose. (8) Those Crown Court rules must be— (a) made within a reasonable period after the relevant authority gives notice under subsection (6); (b) made in accordance with this section.

54 The Court of Judicature Rules Committee.

(1) There shall be a committee known as the Northern Ireland Court of Judicature Rules Committee (in this Act referred to as the Rules Committee) which, subject to subsection (2), shall consist of— (a) the Lord Chief Justice who shall be chairman; (b) four judges of the High Court or the Court of Appeal nominated from time to time by the Lord Chief Justice; (c) a practising member of the Bar of Northern Ireland nominated by the Lord Chancellor; (d) a practising member of the Bar of Northern Ireland nominated by the Council thereof; (e) the president of the Incorporated Law Society of Northern Ireland or a member of the Council thereof nominated by him; ... (f) a practising solicitor nominated by that Council, (g) the Attorney General for Northern Ireland or a practising member of the Bar of Northern Ireland or a practising solicitor nominated by the Attorney General for Northern Ireland, and shall have the functions conferred on it in relation to the making of rules of court by section 55. (2) Where any member of the Rules Committee is unable to act, the Lord Chief Justice or, in the case of a member nominated by any other authority or body, that authority or body may nominate another qualified person to act temporarily in his place. (3) Rules of court may be made and other powers of the Rules Committee exercised at a meeting of the Rules Committee by a majority consisting of not less than four members of whom the chairman of the meeting shall be one. (4) In the absence of the Lord Chief Justice, the senior judge present shall be chairman of the meeting. (5) The joint secretaries to the Rules Committee shall be the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor.. (6) Any expenses incurred by the Rules Committee shall be paid by the Lord Chancellor.

55 Rules of Court.

(1) Subject to any statutory provision, rules may be made in accordance with section 55A with respect to— (a) the pleading, practice and procedure in or affecting, and the forms used in connection with, any proceedings before the High Court and the Court of Appeal or any division, office, judge or officer of either such court or any person appointed by, or to assist, it including— (i) the mode of proof of any fact; (ii) the assessment of damages, compensation or other sums; (iii) the payment of money into and out of court; (iv) the circumstances in which and the terms on which a stay of proceedings or execution may be granted or an interim order (including an order authorising interim payments) may be made; (v) costs (including the taxation of costs and security to be given for costs); (vi) the recording of proceedings and the making available of transcripts thereof; and (vii) the impounding and release of documents or exhibits; (b) the conditions subject to which process may be served out of the jurisdiction of the High Court; (c) the manner in which, the time within which and the conditions on which steps in any such proceedings as are mentioned in paragraph (a) may or must be taken; (d) the transfer of proceedings to or from any such court, division, judge, officer or person as is mentioned in that paragraph; (e) the practice and procedure of the High Court in non-contentious probate business; (f) the practice and procedure to be followed in exercising jurisdiction over the person, property or affairs of persons under any disability; and (g) the extent to which and the circumstances in which documents filed in any such proceedings as are mentioned in paragraph (a) may be inspected and copied. (2) Subject to any statutory provision, rules may be made in accordance with section 55A— (a) regulating the sittings of any court, division or judge to which or to whom subsection (1)(a) applies and any sittings of statutory officers or persons appointed by, or to assist, such a court; (b) authorising the exercise by a judge of the High Court of jurisdiction while sitting in chambers and prescribing when a judge exercising such jurisdiction is to be deemed to constitute the High Court or a court of the High Court; (c) providing for the distribution of business of the High Court amongst the several divisions of that court; (cc) providing for any prescribed part of the jurisdiction of the High Court in relation to the trial of any action involving matters of account to be exercised in the prescribed manner by a person agreed by the parties and for the remuneration of any such person; (d) requiring any prescribed part of the jurisdiction of the High Court to be exercised by two or more judges sitting together and fixing the number of judges by whom it shall be exercised; (e) prescribing what part of the business which may be transacted and of the jurisdiction which may be exercised by the High Court and the Court of Appeal may be transacted or exercised by statutory officers or officers serving in the Court of Judicature and providing for the review of any jurisdiction exercised by such officers; (f) regulating or providing for any other matter with respect to which the Committee is authorised to make rules under any other statutory provision (including any other provision of this Act) or for which provision was heretofore contained in rules of court made or deemed to have been made under section 7 of the Northern Ireland Act 1962; (g) regulating or providing for any matter relating to practice or procedure heretofore regulated or provided for by a statutory provision repealed by section 122 and Schedule 7; and (h) generally for the purposes of carrying any of the provisions of this Act into effect. (3) Rules made under this section may amend or repeal any statutory provision in force immediately before the commencement of this section or any statutory provision (including a provision of this Act) re-enacting any such statutory provision so far as may be necessary or expedient in consequence of provision made by the rules.

55A Making of rules of Court

(1) It is for the Rules Committee to make rules under section 55(1) or (2). (1A) For the purposes of this section, “relevant authority” means— (a) in relation to rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and (b) otherwise, the Department of Justice; and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998. (2) After making such rules the Rule Committee must submit them to the relevant authority. (3) The relevant authority must allow or disallow rules submitted to it. (4) Rules submitted to the relevant authority have effect only if allowed by it. (5) If the relevant authority disallows rules submitted to it, it must give the Committee written reasons why it has disallowed them. (6) Subsection (7) applies if the relevant authority gives the Rules Committee written notice that it thinks it is expedient for rules under section 55(1) or (2) to include provision that would achieve a purpose specified in the notice. (7) The Rules Committee must make such rules as it considers necessary to achieve the specified purpose. (8) Those rules must be— (a) made within a reasonable period after the relevant authority gives notice under subsection (6); (b) made in accordance with this section.

56 Control and publication of rules.

(1) Rules made by the Rules Committee— (a) in the case of rules that are required under section 55A to be submitted to the Lord Chancellor, are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 applies accordingly; and (b) in the case of rules that are required under section 55A to be submitted to the Department of Justice, are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954. (2) The Rules Committee shall not, except with the concurrence of the Treasury, make a rule which may involve an increase in expenditure out of public funds; but the validity of such a rule shall not, in any proceedings in any court, be called in question either by the court or by any party to the proceedings on the ground only that the Treasury did not concur or are not expressed to have concurred in the making of the rule. (2A) Rules made by the Rules Committee shall be statutory rules for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Such of the joint secretaries to the Rules Committee as the Lord Chancellor may designate shall, in relation to rules of court, be the responsible officer within the meaning of Articles 5 and 7 of the Statutory Rules (Northern Ireland) Order 1979.

57 High Court and Court of Appeal to be continuing courts.

(1) The High Court and the Court of Appeal shall be continuing courts with vacations regulated by rules of court. (2) Rules of court shall provide for the hearing during vacation by judges and officers of the High Court and the Court of Appeal of all such causes and matters as may require to be immediately or promptly heard.

58 Sittings of High Court and Court of Appeal.

(1) Subject to rules of court, such numbers of judges and courts shall sit as may be required to dispose of the business of the High Court and the Court of Appeal. (2) The places at which the High Court and the Court of Appeal sit outside the Royal Courts of Justice and the places outside the Royal Courts of Justice at which any other business of those courts may be conducted shall be determined in accordance with directions given by the Lord Chief Justice. (3) The High Court may, on the application of any party to an action or issue to be tried by the court, order that the trial be held in some other place if the court is of opinion that it would be more just or convenient for the trial to be so held. (4) The Lord Chief Justice may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

59 Award of costs.

(1) Subject to the provisions of this Act and to rules of court and to the express provisions of any other statutory provision, the costs of and incidental to all proceedings in the High Court and the Court of Appeal, including the administration of estates and trusts, shall be in the discretion of the court and the court shall have power to determine by whom and to what extent the costs are to be paid. (2) Save as otherwise provided by any statutory provision passed after this Act or by rules of court, if damages or other relief awarded could have been obtained in proceedings commenced in the county court, the plaintiff shall not, except for special cause shown and mentioned in the judgment making the award, recover more costs than would have been recoverable had the same relief been awarded by the county court. (3) Where any statutory provision whether passed before or after the commencement of this Act confers jurisdiction on the High Court or any judge thereof in regard to any matter without expressly conferring jurisdiction to award or deal otherwise with the costs of the proceedings connected with that matter, subsection (1) shall apply so as to authorise the court or judge, in its or his discretion, to award and deal with such costs. (4) Nothing in this section shall alter the practice in any criminal cause or matter.

60 Taxation of costs.

(1) The jurisdiction of the High Court, the Court of Appeal and the Crown Court in relation to the taxation of costs shall be vested in the Master (Taxing Office) or such other statutory officer as may be designated for the purpose by the Lord Chief Justice and shall be exercised in accordance with rules of court. (2) Costs may be taxed and recovered in any action notwithstanding the death of the party to or against whom those costs were awarded. (3) The Lord Chief Justice may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

61 Trial with assessors.

(1) In any cause or matter before the High Court or the Court of Appeal, other than a criminal proceeding by or in the name of the Crown, the court may, if it thinks it expedient so to do, call in the aid of one or more assessors specially qualified, and try and hear the cause or matter wholly or partly with their assistance. (2) The remuneration, if any, to be paid to an assessor shall be determined by the court.

62 Trial with and without jury.

(1) Subject to subsection (2), an action or an issue of fact in an action in the High Court in which a claim is made in respect of— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) malicious prosecution; (d) false imprisonment; (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . shall, if any party to the action so requests, be tried with a jury. (2) The court may, on the application of any party to an action referred to in subsection (1), order that the action or any issue of fact in the action shall be tried without a jury if it is of opinion that such trial— (a) will substantially involve matters of account; (b) will require any protracted examination of documents or accounts or any technical, scientific or local investigation which cannot conveniently be made with a jury; (c) will be unduly prolonged; ... (ca) will involve section 6 proceedings; or (d) is for any special reason (to be mentioned in the order) unsuitable to be tried with a jury. (3) Subject to subsection (4), any other action or any issue of fact therein shall be tried without a jury. (4) The court may, in any action referred to in subsection (3) order that the action or any issue of fact in the action shall be tried with a jury if it is of opinion that by reason of an allegation of actual fraud or actual undue influence or for some other reason the trial may more suitably be had with a jury. (4A) An action in the High Court which by virtue of subsection (1) or (4) is being, or is to be, tried with a jury may, at any stage in the proceedings, be tried without a jury if the court concerned— (a) is of opinion that the action involves, or will involve, section 6 proceedings; and (b) in its discretion orders the action to be tried without a jury. (4B) Where the court makes an order under subsection (4A)(b), it may make such other orders as it considers appropriate (including an order dismissing the jury). (5) Subject to subsections (1) and (3), the High Court may in accordance with rules of court order that different questions of fact arising in any action be tried at different times or by different modes of trial. (6) The Department of Justice may by order from time to time amend this section so as to alter the classes of action in which and the terms and conditions on which a trial shall or may be had with a jury. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In this section “section 6 proceedings” has the meaning given by section 14(1) of the Justice and Security Act 2013 (certain civil proceedings in which closed material applications may be made).

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64 Jury in civil actions.

(1) The jury for the trial in the High Court of any action or any issue therein shall consist of seven persons, . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65 Rules of court in relation to juries in civil actions.

(1) Subject to this Act, rules of court may be made concerning the challenging, empanelling and discharge of jurors and juries and the conditions subject to which refreshment may be supplied to them at any stage of the trial of an action or issue therein and may prescribe the number of peremptory challenges, being not less than three or more than six, to be allowed to each party in civil proceedings. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .