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The Criminal Evidence (Northern Ireland) Order 1999

The Criminal Evidence (Northern Ireland) Order 1999 s 27C

s 27C Variation of exclusion directions given under Article 27A

(1) Where a person has been specified under Article 27A(2)(c) or (d) in an exclusion direction, the court may vary the exclusion direction by revoking the specification of that person, and if it does so— (a) the person who nominated that person may nominate under Article 27A(2)(c) or (d) (as the case may be) one other person instead, (b) Article 27B(3) applies accordingly, and (c) where the person nominated by virtue of this paragraph is specified under Article 27A(2)(c) or (d), this paragraph applies in relation to that person. (2) The court may vary an exclusion direction given under Article 27A so as to— (a) specify under paragraph (2)(f) of that Article a person not already specified in the direction, or (b) revoke any specification of a person made under paragraph (2)(f) of that Article. (3) The court may vary an exclusion direction under paragraph (1) or (2) only where it appears to the court to be in the interests of justice to do so, and may do so either— (a) on an application made by a party to the proceedings or the complainant, if there has been a material change of circumstances since the relevant time, or (b) of its own motion. (4) In paragraph (3) “ the relevant time ” means— (a) the time when the exclusion direction was given, or (b) if a previous application was made for a variation under this Article, the time when the application (or last application) was made.

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