Explanatory note

These Rules amend the Magistrates' Courts Rules (Northern Ireland) 1984 (the principal Rules) and the Magistrates' Courts (Children and Young Persons) Rules (Northern Ireland) 1969 (the 1969 Rules) so as to reflect the amendments made to the Police and Criminal Evidence (Northern Ireland) Order 1989 (the 1989 Order) by Articles 5(1) and (2) of the Children’s Evidence (Northern Ireland) Order 1995.

Rule 3 revokes Rules 25A and 31(2)(a) of the principal Rules and makes transitional arrangements.

Rule 4 inserts a new Rule 149A into the principal Rules which replaces Rule 25A and reflects the amendments made to Article 81 of the 1989 Order by the Children’s Evidence (Northern Ireland) Order 1995. Rule 149A provides for applications for the leave of the court under Article 81(2) of the 1989 Order (evidence through television link by witness who will not give evidence otherwise through fear or who is a child or who is to be cross-examined after admission of video recording of testimony).

Rule 6 inserts two new Rules, Rules 10A and 10B into the 1969 Rules. Rule 10A provides that Rule 149A of the principal Rules shall apply to applications to juvenile courts for leave under Article 81(2) of the 1989 Order.

Rule 10B provides for applications to juvenile courts for leave under Article 81A of the 1989 Order (video recordings of testimony from child witnesses).