# The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2010, Note: Explanatory note


(This note is not part of the Rules)
These Rules amend the Magistrates’ Courts (Northern Ireland) Rules 1984 (S.R. 1984 No. 225) (“the principal Rules”) as follows:—
Rule 2(1) amends rule 11(5) to insert reference to rule 12A;
Rule 2(2) inserts new rule 14(7) to require Form 8C to be used where no other form of warrant of arrest is prescribed;
Rule 2(3) amends rule 52D of the principal Rules to include the interpretation of various terms used in new rules 52F to 52M, in respect of certain applications made under the Crime (International Co-operation) Act 2003 (‘the 2003 Act’);
Rule 2(4) inserts new rules 52F to 52G into the principal Rules—
new rule 52G prescribes the manner in which an application under section 7(1) of the 2003 Act shall be made;
new rule 52H provides that a court nominated to receive evidence from abroad under section 15(1) of the 2003 Act may determine who may appear or take part in proceedings in that regard and may exclude the public from the court during proceedings;
new rule 52I provides that in proceedings pursuant to a notice under section 15(1) of the 2003 Act, the clerk of petty sessions shall make a record of evidence received together with other information as is prescribed by paragraph (2) of the Act. The clerk of petty sessions shall also send to the court or authority that made the request a copy of so much of the court record as is relevant to that request;
new rule 52J provides for an interpreter to be present in court in connection with proceedings that involve witnesses in the UK giving evidence by television link and telephone to countries outside the UK;
new rule 52K requires the chief clerk to make a record of evidence given at any proceedings at which a witness in the UK gave evidence under section 30(3) of the 2003 Act and prescribes other information that shall be included in this record;
new rule 52L makes similar provision in relation to proceedings at which a witness in the UK gives evidence by telephone link under section 31(4) of the 2003 Act; and
new rule 52M restricts access to the records kept under rules 52I, 52K and 52M.
Rule 2(5) inserts new rule 97A into the principal Rules to provide that where an appeal is made to a court of summary jurisdiction against the recognition of a foreign driving disqualification, the appellant must also lodge with the court a copy of the notice of intention to appeal served on the appropriate Minister under section 59 of the 2003 Act. The appellant should also indicate on the appeal notice whether or not they intend to apply to the court to suspend the disqualification pending the final outcome of proceedings and the grounds on which the appeal is brought.
Rule 2(6) provides that the Lord Chancellor is to be informed of a decision of the magistrates’ court as to whether any of the grounds for refusal to enforce a financial penalty under section 88 of the Criminal Justice and Immigration Act 2008 apply. It also provides that Form 72B is to be used as a notice of enforcement of a penalty under section 88 of the Criminal Justice and Immigration Act 2008.
Rule 2(7) inserts new rule 159A into the principal Rules to provide that where an application to state a case in respect of proceedings under section 59 of the 2003 Act has been made, and the Court of Appeal has suspended the disqualification pending the final outcome of those proceedings, the applicant must inform the proper office if they abandon the application to state the case or the district judge (magistrates’ court) refuses to state the case and the applicant does not intend to apply to the Court of Appeal to compel them to do so.
Rule 2(8) amends a number of Forms and inserts a number of new Forms into the Schedule to the principal Rules as follows—
rule 2(8)(a) amends the Note contained in Form 8 to provide guidance as to when Article 92 of the Criminal Justice (Northern Ireland) Order will apply;
rule 2(8)(b) makes minor amendments to Form 8B;
rule 2(8)(c) inserts new Form 8C(warrant of arrest) into the Schedule;
rule 2(8)(d) inserts new Form 55A into the Schedule. New Form 55A is the notice of appeal which should be used when bringing an appeal under section 59 of the 2003 Act; and
rule 2(8)(e) inserts new Forms 72A and 72B into the Schedule.

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Source: https://www.legislation.gov.uk/nisr/2010/12/note (the official version)
Page: https://openlegislation.uk/magistrates-courts-amendment-rules-northern-ireland-2010/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.