# Magistrates' Courts (Amendment No. 2) Rules (Northern Ireland) 1997, Article 4: Section F in Part VII of the principal Rules


In Part VII of the principal Rules, for Section F there shall be substituted the following new Section—
“F
Criminal Justice (Northern Ireland) Order 1996
Interpretation of Section F
124 In this Section—
(a) “the 1996 Order” means the Criminal Justice (Northern Ireland) Order 1996;
(b) “pre-sentence report”; “community order”; “custodial sentence”; “custody probation order”; and “mentally disordered” have the meanings assigned to them by Article 2(2) of the 1996 Order;
(c) “medical report” has the meaning assigned to it by Article 22(5) of the 1996 Order;
(d) “the appropriate county court division” means, except where it appears in Rule 126B, the county court division in which is located the place at which the Crown Court sat when the community order was made.
Order for Absolute or Conditional Discharge
125 (1) Where the court makes an order for absolute or conditional discharge, it shall cause an entry to that effect to be made in the Order Book and, in the case of an order for conditional discharge, that entry shall also specify the duration of the order.
(2) Where a magistrates' court makes an order under Article 5(6) or (8), or the Crown Court makes an order under Article 5(7), of the 1996 Order, the clerk of petty sessions for the petty sessions district in which the order for conditional discharge was made shall make a note of the order under the said Article 5, opposite the entry in the Order Book relating to the making of the order of conditional discharge.
(3) Where a magistrates' court deals with a person under Article 5(8) of the 1996 Order in relation to an order for conditional discharge which was not made by that court, the clerk of petty sessions shall give a copy of the relevant entry in the Order Book to the clerk of petty sessions for the district in which the order was made.
(4) Where a magistrates' court convicts a person of an offence committed during the period of conditional discharge, the clerk of petty sessions shall, if the court which made the order for conditional discharge was the Crown Court, give a copy of the relevant entry in the Order Book to the chief clerk for the appropriate county court division.
(5) Where a magistrates' court makes an order under Article 12 of the 1996 Order substituting an order for conditional discharge for a probation order which was not made by that court, the clerk of petty sessions shall—
(a) cause an entry to that effect to be made in the Order Book; and
(b) give notice of the substitution to the clerk of petty sessions for the petty sessions district in which the probation order was made.
(6) The clerk of petty sessions to whom notice under paragraph (5) is given shall note the substitution of an order for conditional discharge for a probation order opposite the entry in the Order Book relating to the making of the probation order.
Entry in Order Book
125A Where a magistrates' court makes a statement under Article 9(4); 20(3)(a); 21(2); 24(4) or (5) or 33(2) of the 1996 Order, it shall cause that statement to be entered in the Order Book.
Community Order
126 (1) Where a magistrates' court makes a community order, any entry in the Order Book required to be made under Rule 19(1) shall include details of the following—
(a) the duration of the order;
(b) any conditions and requirements of the order;
(c) the petty sessions district in which the offender resides or will reside.
(2) Where a court of summary jurisdiction amends or revokes a community order, it shall cause an entry to that effect to be made in the Order Book, opposite the entry relating to the making of the relevant order.
(3) Where a court of summary jurisdiction amends or revokes a community order which was not made by that court, the clerk of petty sessions shall—
(a) if the community order was made by another magistrates' court, send a copy of the relevant entry in the Order Book to the clerk of petty sessions for that district; or
(b) if the community order was made by the Crown Court, send a copy of the relevant entry in the Order Book to the chief clerk for the appropriate county court division.
(4) The clerk of petty sessions to whom notice under paragraph (3) is given, shall note the details given in the Order Book, opposite the entry relating to the making of the relevant community order.
(5) Any complaint made in respect of a breach of a requirement of a community order, and any application to revoke or amend a community order under Schedule 2 to the 1996 Order, shall be accompanied by a copy of the community order, to which the complaint or the application relates.
Committal to Crown Court
126A Where a court of summary jurisdiction commits an offender to the Crown Court under paragraph 3(3), paragraph 7(2)(b) or paragraph 9(2)(b) of Schedule 2 to the 1996 Order, the clerk of petty sessions shall (in addition to complying with paragraph 3(4) of Schedule 2 where it applies) notify the chief clerk for the appropriate county court division by sending to him—
(a) where an offender is released on bail, a copy of any recognizance entered into; and
(b) a certificate of the conviction or order made by the court of summary jurisdiction.
Release on Licence
126B (1) Where a court of summary jurisdiction orders that Article 26 of the 1996 Order shall apply, the court shall cause a note to that effect to be entered in the Order Book and in the warrant of commitment.
(2) Where a court of summary jurisdiction commits an offender to the Crown Court under Article 28(2)(b) of the 1996 Order, the clerk of petty sessions shall send to the chief clerk for the appropriate county court division—
(a) a certificate of the conviction by the court of summary jurisdiction;
(b) a copy of any written statement which was tendered in evidence at the hearing;
(c) where available, a copy of any report relating to the offender which was considered by the court of summary jurisdiction;
(d) a copy of any recognizance entered into.
(3) For the purposes of this Rule “the appropriate county court division” means—
(a) where the order that Article 26 of the 1996 Order shall apply was made by the Crown Court, the county court division in which is located the place at which the Crown Court sat when that order was made;
(b) where the order that Article 26 of the 1996 Order shall apply was made by a court of summary jurisdiction, the county court division in which the offender resides.”.

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Source: https://www.legislation.gov.uk/nisr/1997/529/article/4 (the official version)
Page: https://openlegislation.uk/magistrates-courts-amendment-no-2-rules-northern-ireland-1997/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.