Rule 23 Amendment to the Magistrates’ Courts (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules (Northern Ireland) 1997

In rule 2(c), for “a court of summary jurisdiction sitting for a different petty sessions district”, substitute “another court of summary jurisdiction”.

For rule 4(1), substitute—

“(1)

Where a court of summary jurisdiction makes a certification as referred to in section 54(2), the clerk of petty sessions shall, as soon as is practicable after the drawing up of the Form 1, serve a copy of that Form—

(a)

on the acquitted person referred to in the certification;

(b)

on the prosecution in the proceedings which led to the acquittal; and

(c)

where the acquittal has taken place before the Crown Court, on the chief clerk.”.

For rule 6(1) substitute—

“(1)

Where an acquittal has taken place before a court of summary jurisdiction, the clerk of petty sessions shall, as soon as is practicable after the making of the certification, or after the receipt from the Crown Court of a copy of a form recording the certification, enter in the Order Book of the court in relation to the acquittal-

(a)

a note that certification has been made;

(b)

the date of the certification;

(c)

the name of the court which has made the conviction;

(d)

the name of the person whose conviction occasioned the making of the certification; and

(e)

a description of the offence of which that person has been convicted.”.

In rule 7(1), for “within court premises” substitute “within court premises at the place where the certification was made”.

For rule 7(2) substitute—

“(2)

Where an acquittal has taken place before a court of summary jurisdiction, and the Crown Court has made the certification under section 54(2) in relation to the acquittal, the clerk of petty sessions shall, as soon as is practicable, after receipt of a copy of a form recording the certification, display a copy of that form at a prominent place to which the public has access within court premises at the place where the acquittal occurred.”.

In the Schedule, in the title of Form 1, omit “Petty Session District of” and “County Court Division of”.