Petraitis & Ors, R v [2008] NICC 15 (14 March 2008)

Petraitis & Ors, R v [2008] NICC 15 (14 March 2008)

Rule 44B(6) is directory, not mandatory, allowing the court to extend time for objections to special measures directions. The complainant's credible and substantial concerns justify screening her from the defendants and the public to maximise the quality of her evidence.

Source-derived case information.

Citation
[2008] NICC 15
Parties
Prosecution: The Queen; Defendant: Saulius Petraitis; Defendant: Vitalijus Petraitis; Defendant: Audrius Sliogeris
Jurisdiction
Northern Ireland
Judgment Date
14 March 2008
Procedural Posture
Criminal / Pre Trial Application for Special Measures Direction
Outcome
application granted
Legal Topics
Special Measures Direction, Extension of Time, Witness Protection, Screening of Witnesses, Sexual Offences
Criminal Law Evidence Law Special Measures Direction Extension of Time Witness Protection Screening of Witnesses Sexual Offences

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Parties

The Queen

Prosecution

Saulius Petraitis

Defendant

Vitalijus Petraitis

Defendant

Audrius Sliogeris

Defendant

Procedural Posture

Criminal / Pre Trial Application for Special Measures Direction

Legal Issues

  1. 1 Whether the court can extend time for a respondent to object to a special measures direction under Rule 44B(6) of the Crown Court Rules (Northern Ireland) 1979
  2. 2 Whether the complainant should be screened from the defendants and the public while giving evidence

Ratio Decidendi

Rule 44B(6) is directory, not mandatory, allowing the court to extend time for objections to special measures directions. The complainant's credible and substantial concerns justify screening her from the defendants and the public to maximise the quality of her evidence.

Court Disposition

application granted

Orders

  • Time for filing notices of opposition to the special measures direction is extended for both Saulius Petraitis and Vitalijus Petraitis.
  • The complainant will be screened from the defendants and the public while giving evidence, but not from their lawyers or the jury.