The Magistrates' Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004

S.R. 2004/324 · Made 3 August 2004 · Extends to Northern Ireland

MAGISTRATES' COURTS

Made 3rd August 2004

Coming into operation in accordance with Rule 1

The Lord Chancellor, in exercise of the powers conferred upon him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981^f1 and all other powers enabling him in that behalf, on the advice of the Magistrates' Courts Rules Committee and after consultation with the Lord Chief Justice, hereby makes the following Rules:

Annotations to the whole text

Footnotes

f1: S.I. 1981/1675 (N.I. 26)

1Citation, commencement and interpretation
2Forms
3Application for variation or discharge
4Service of documents
5Special measures for witnesses
Signature
Schedule Schedule
Explanatory note

1Citation, commencement and interpretationI1

(1)

These Rules may be cited as the Magistrates' Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004 and shall come into operation on the same day as Article 3 of the Anti-social Behaviour (Northern Ireland) Order 2004^f1 comes into operation.

(2)

In these Rules –

(a)

“the 2004 Order” means the Anti-social Behaviour (Northern Ireland) Order 2004 and expressions used in these Rules and in the 2004 Order have the same meaning as in the 2004 Order; and

(b)

a reference to a Form by number means the Form so numbered in the Schedule to these Rules or a Form to the like effect.

2FormsI1

(1)

A summons issued on complaint for an anti-social behaviour order under Article 3 F1or an interim anti-social behaviour order under Article 4 of the 2004 Order shall be in Form 1.

(2)

An anti-social behaviour order under Article 3 of the 2004 Order shall be in Form 2.

(3)

An interim anti-social behaviour order under Article 4 of the 2004 Order shall be in Form 3.

(4)

An anti-social behaviour order under Article 6 of the 2004 Order made on conviction in criminal proceedings shall be in Form 4.

F2(5)

An interim anti-social behaviour order under Article 6A of the 2004 Order made on conviction in criminal proceedings shall be in Form 4A.

3Application for variation or dischargeI1

(1)

A summons issued on complaint for the variation or discharge of –

(a)

an anti-social behaviour order under Article 3 of the 2004 Order;

(b)

an interim anti-social behaviour order under Article 4 of the 2004 Order; F1...

(c)

an anti-social behaviour order under Article 6 of the 2004 Order made on conviction in criminal proceedings F2; or

F3(d)

an interim anti-social behaviour order under Article 6A of the 2004 Order made on conviction in criminal proceedings,

shall be in Form 5F4....

4Service of documentsI1

(1)

Service of any summons under these Rules may be effected –

(a)

by serving a copy of the summons on the person or body to be served in person; or

(b)

by sending a copy of the summons by ordinary first class post to the person or body to be served at his last-known address (in which cases the summons shall be deemed to have been received by him in the ordinary course of post, unless he proves that he did not receive it).

F1(1A)

Any summons issued in accordance with paragraph (1) may be served by—

(a)

the complainant or employee of the complainant;

(b)

the summons server of the F2administrative court division in which the proceedings are brought or in which the defendant or witness resides; or

(c)

any person who has received permission from a resident magistrate or lay magistrate or from the clerk of petty sessions to serve the summons;

and any such permission shall be endorsed on the original summons and signed by the person giving it.

(2)

As soon as reasonably practicable after the making of:

(a)

an anti-social behaviour order under Article 3 of the 2004 Order;

(b)

an interim anti-social behaviour order under Article 4 of the 2004 Order; F3...

(c)

an anti-social behaviour order under Article 6 of the 2004 Order made on conviction in criminal proceedings F4; or

F5an interim anti-social behaviour order under Article 6A of the 2004 Order made on conviction in criminal proceedings,

the clerk of petty sessions shall serve a copy of that order on the defendant –

(i)

where the defendant is present, in person if practicable; or

(ii)

by sending it by ordinary first class post to the defendant at his last known address (in which cases the order shall be deemed to have been received by him in the ordinary course of post unless the defendant proves that he did not receive it),

and shall send a copy by ordinary first class post to the complainant.

(3)

Where the court makes an order varying or discharging an order specified in Rule 3, the clerk of petty sessions shall serve on the defendant a copy of the order as it has been varied or discharged –

(a)

where the defendant is present, in person if practicable; or

(b)

by sending it by ordinary first class post to the defendant at either his last known address (in which cases the order shall be deemed to have been received by him in the ordinary course of post unless the defendant proves that he did not receive it),

and shall send a copy by ordinary first class post to the F6complainant or, where appropriate, other specified authority.

(4)

In paragraph (3) references to the complainant and the defendant are references to the complainant and the defendant in the proceedings in which the order was originally made.

5Special measures for witnessesF1

Rules 149AA to 149AH (special measures for vulnerable or intimidated witnesses) of the Magistrates’ Courts Rules (Northern Ireland) 1984 shall apply in relation to proceedings on an application for, or relating to the issue whether to make, vary or discharge an anti-social behaviour order as they apply in relation to criminal proceedings, subject to the following omissions and modifications—

(a)

in Rule 149AA(1), for “criminal proceedings”, substitute “proceedings on an application for, or relating to the issue whether to make, vary or discharge an anti-social behaviour order under the Anti-social Behaviour (Northern Ireland) Order 2004”;

(b)

Rule 149AA(3)(b) is omitted;

(c)

in Rule 149AA, any reference to Form 15B shall be construed as a reference to Form 6 in the Schedule;

(d)

in Rule 149AC(1)(a), for “the trial”, substitute “the hearing of any proceedings on an application for, or relating to the issue whether to make, vary or discharge an anti-social behaviour order under the Anti-social Behaviour (Northern Ireland) Order 2004”;

(e)

in Rule 149AC(3)(a), after “proceedings”, insert “and, were appropriate, any specified authority”;

(f)

Rule 149AF(3) is omitted;

(g)

in Rule 149AG(2)(a), “the offence charged” is omitted; and

(h)

Rules 149AG(6) to (13) are omitted.