Practice Direction 6/2007
IN THE CROWN COURT IN NORTHERN IRELAND
PRODUCTION OF PHOTOGRAPHIC AND RELATED MATERIAL
1. The purpose of this practice direction is to seek to ensure that evidence, in the form of closed circuit television footage and other exhibits such as photographs, maps etc, is disclosed by the prosecution[1] at the earliest possible opportunity and that the material is properly retained by the defence. The aim of the direction is to secure the expeditious progress of cases. (The Practice Direction should not be taken as having any effect on the statutory requirements for disclosure).
2. These forms of evidence should invariably be provided at the committal stage. Judges reviewing cases will ask whether this has taken place and will expect to be provided with reasons for any delay. If there are difficulties these should be brought to the attention of the court at the earliest opportunity. Where disclosure has not occurred at committal the court will set out a timetable for production and strict adherence to this will be expected.
3. (i) Before committal the prosecution must obtain sufficient copies of the following: -
(a) all CCTV footage and still photographs taken from such footage;
(b) copies of all still photographs of witnesses, scenes or exhibits;
(c) any maps that are to be relied upon as exhibits by the prosecution.
(ii) At the committal the prosecution must provide (a) one copy of each such film, photograph or map for the court file and one for the judge. These should be handed to the court clerk, and (b) one for the legal representative of each defendant.
(iii) This material may be provided in CD or other electronic format.
4. In a jury case prior to the commencement of the trial the prosecution must obtain sufficient copies of such films, photographs or maps for use by the jury (six copies will usually be sufficient).
5. Whilst the copies to be provided at 3 and 4 above are to be provided free of charge, if they are lost the prosecution will be entitled to charge a reasonable fee for additional copies. It is the responsibility of a legal representative going off record to transfer the papers to the new representative or to meet the cost of replacing these.
6. This Practice Direction takes effect from 1 October 2007. Practice Direction 8 of 2006, “CCTV Camera Footage” which applied to Londonderry Crown Court is repealed.
Dated this 7th day of September 2007
Signed Brian Kerr
Lord Chief Justice