Article 5 Appeal by the prosecutionI1

Northern Ireland

(1)

An appeal by the prosecution, against a failure by the court to make a banning order under section 43 of the 2011 Act, shall be in Form 5.

(2)

A notice of appeal in Form 5 shall, within 14 days commencing on the day on which the decision of the magistrates’ court was made,

(a)

be served personally on the offender; and

(b)

a copy of the notice lodged with the clerk of petty sessions for the court which failed to make the order, endorsed with the date upon which and the manner in which it was served on the offender.

(3)

The clerk of petty sessions shall, as soon as practicable, send to the chief clerk F1...—

(a)

the copy of the notice of appeal;

(b)

all other proceedings in the case (including any written statements admitted in evidence under section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 and any pre-sentence report or medical report, within the meaning of the Criminal Justice (Northern Ireland) Order 1996 or the Criminal Justice (Northern Ireland) Order 2008 which was considered at the trial of the offender).

(4)

After the county court has decided the appeal, the chief clerk F2... shall within seven days of such decision certify the decision.

Annotations

Textual amendments

F1: Words in art. 5(3) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 36(2)(a); S.R. 2016/387, art. 2(a)
F2: Words in art. 5(4) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 36(2)(b); S.R. 2016/387, art. 2(a)

Commencement

I1: Rule 5 in operation at 1.1.2012, see rule 1 and S.R. 2011/370, art. 3(d)