FCL.905.CRI CRI — Privileges and conditions
(a) The privileges of a CRI are to instruct for:
(1) the issue, revalidation or renewal of a class or type rating for non-complex non-high performance single-pilot aeroplanes, when the privileges sought by the applicant are to fly in single-pilot operations;
(2) a towing or aerobatic rating for the aeroplane category, provided the CRI holds the relevant rating and has demonstrated the ability to instruct for that rating to an FI qualified in accordance with FCL.905.FI(i).
There is no restriction on teaching for the revalidation or renewal of a class or type rating by night. If the privileges of the holder and the CR include night then it is perfectly legal.
To teach for the issue of a Night Rating is not within the above privileges.
No Night Instruction Restriction (which I don't think you can anyway as a CRI) the flight would be illegal. Perversely even an instructor correctly carrying out such a flight could not have any passengers in the back.....
The No night Restriction no longer exists under EASA.
Provided the instructor is night current, and is of course PIC, then a passenger may be carried regardless of who is doing the landing.