Explanatory note

These Rules amend the Magistrates’ Courts Rules (Northern Ireland) 1984 (“the principal Rules”) so as to allow for the service of summonses and accompanying documentation, served by the Police Service of Northern Ireland, to be proved by means of electronic report. These Rules also take account of the amendments made to Article 24 of the Magistrates’ Courts (Northern Ireland) Order 1981 by the Criminal Justice (Northern Ireland) Order 2003 (“the 2003 Order”). The 2003 Order amended Article 24 to allow for a full statement of evidence to be given in evidence at a hearing where the defendant pleads guilty by post.

Rule 2(1) amends Rule 2(3) to provide a definition of the following terms – “criminal justice organisation”, “data sharing mechanism”, and “electronic report”.

Rule 2(2) amends Rule 10 to reflect the amendment made to Article 24 by the 2003 Order.

Rule 2(3) amends Rule 11(7) to make the requirements in Rule 11(7) subject to new Rule 11(7A).

Rule 2(4) inserts new Rules 11(7A) and 11(7B) into the principal Rules. New Rule 11(7A) allows service of a summons and accompanying documentation which has been served by a member of the Police Service of Northern Ireland to be proved by either an affidavit or certificate of service, or by an electronic report which shall contain details as to the date, place and manner of service and details of who served the summons.

New Rule 11(7B) provides that where service is proved by an affidavit or certificate of service or by an electronic report, the person who served the summons may be required to attend court to depose as to service.

Rule 2(5) amends Rule 12B to allow any information or documentation provided by means of an electronic report to be received in evidence.

Rule 2(6) amends a number of forms in Schedule 1 to the principal Rules to take account of changes made by the 2003 Order.