Magistrates’ Courts Rules (Northern Ireland) 1984

S.R. 1984/225 · Made 26 June 1984 · Extends to Northern Ireland

Contents

1. Part I: CITATION, INTERPRETATION AND COMMENCEMENT, ETC.
2. 1Citation
3. 2Interpretation
4. 3Commencement
5. 4Revocation of existing rules
6. 5Saving for the Magistrates’ Courts (Children and Young Persons) Rules (Northern Ireland) 1969
7. Part II: DOCUMENTS
8. 6Wording, etc., of documents
9. 7Form of complaint
10. 8Form of summons
11. 9Preparation of summons
12. 10Plea of guilty by post
13. 11Service of summons
14. 12Service of a summons in England and Wales or Scotland
15. 12A[ Postal Service of Summons for offences prosecuted by [(d)...] the Director of Public Prosecutions
16. 12B[ Receipt of certificate or electronic report in evidence
17. 12C[ Proof of service of notice of registration under the Road Traffic Offenders (Northern Ireland) Order 1996 Repealed
18. 12DProof of service of a requirement to identify driver of vehicle under Article 15 of the Road Traffic Offenders (Northern Ireland) Order 1996
19. 12EProof of service of notice of registration under the Justice Act (Northern Ireland) 2011 Repealed
20. 13[ Postal Service of Summons other than for offences prosecuted by [ ... ] the Director of Public Prosecutions
21. 13A[ Declaration under Article 25A of the Order
22. 13B[ Declarations under the Road Traffic Offenders (Northern Ireland) Order 1996
23. 13C[ Declarations under the Justice Act (Northern Ireland) 2011
24. 14Form of warrant or order
25. 15Separate warrants to be issued for each sentence imposed
26. 16Endorsement of warrants of commitment as to release on bail
27. 17Binding over complainant to prosecute or give evidence upon issue of warrant
28. 18Withdrawal of warrants
29. 19The Order Book
30. 20Certificate of conviction or order
31. 21Documents taken by or made before district judges (magistrates’ court) or lay magistrate sitting out of petty sessions
32. 22Signing of documents on behalf of clerk of petty sessions
33. Part III: CRIMINAL PROCEEDINGS
35. 23Order of proceedings on the hearing of a complaint charging a summary offence
37. 24Procedure in relation to certain offences to which Article 29 of the Order applies
39. 25Service of statement of complaint before preliminary investigation Repealed
40. 26Proceedings at a preliminary investigation Repealed
41. 27Procedure for binding witnesses and prosecutor over to attend trial Repealed
42. 28Documents and exhibits to be sent to the court of trial Repealed
43. 29Supply of depositions and complaint to accused Repealed
44. 30Adjourned preliminary investigation Repealed
46. 31Interpretation of Rules 32 to 42 Repealed
47. 32Notice of preliminary inquiry
48. 33Service on accused of copy of notice and of documents referred to in Article 32(1) of the Order
49. 34Conduct of preliminary inquiry
50. 35...
51. 36Modification of Rules where accused is a corporation
52. 37Court may address accused through court official
53. 38Proof by formal admission
54. 39Written statement of evidence to be in prescribed form and exhibits to be properly identified
55. 40Procedure where court decides not to admit statement or part thereof as evidence
56. 41Authentication of statements, depositions or admissions
57. 42Documents and exhibits referred to, etc., at preliminary inquiry to be sent to the court of trial
58. 42AProcedure for binding witnesses and prosecutor over to attend trial
59. 42BSupply of depositions and complaint to the accused
61. 43Conditions to be complied with before preliminary ... inquiry
62. 44Written notice under Article 45(1) of the Order
63. 45Procedure where court decides to deal with an indictable offence summarily under Article 45 of the Order
64. 46Conviction of offence other than that charged where indictable offence dealt with summarily
65. 47Preservation of depositions where indictable offence is dealt with summarily
67. 48Taking of depositions under Article 28 or 41 of the Order
69. 49Remand for inquiry into physical or mental condition
70. 50Remand on bail under Article 47(4) of the Order for longer than eight or, as the case may be, twenty-eight days where sureties have not entered recognizances
71. 51Accused to be told of his right to apply to High Court or Crown Court for bail
73. 52Formal admissions under section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968
75. 52AApplications under Article 37(6) and (7) of the Road Traffic Offenders (Northern Ireland) Order 1996
76. 52BNotice of order under Article 27 of the Offenders Order
77. 52CApplication for removal of disqualification
79. 52D[ Applications and procedures under the Crime (International Co-operation) Act 2003
80. 52ENotice required to accompany process served outside the United Kingdom
81. 52FProof of service outside the United Kingdom
82. 52G[ Notice of application for request for assistance
83. 52GANotice of application for a domestic freezing order Repealed
84. 52GBVariation or revocation of a domestic freezing order Repealed
85. 52HProceedings before a nominated court
86. 52IRecord of proceedings before a nominated court
87. 52IAConsideration of an overseas freezing order Repealed
88. 52IBRelease of evidence subject to an overseas freezing order Repealed
89. 52JInterpreter for the purposes of proceedings involving a television or telephone link
90. 52KRecord of proceedings by television link before a nominated court
91. 52LRecord of proceedings by telephone link before a nominated court
92. 52MRestriction on access to records kept under Rules 52I, 52K and 52L
94. 52NAssistance with communication for a defendant who does not speak English or who has a hearing or speech impediment
95. L. THE CRIMINAL JUSTICE (EUROPEAN INVESTIGATION ORDER) REGULATIONS 2017
96. 52OInterpretation Repealed
97. 52PApplication for European investigation order Repealed
98. 52QVariation or revocation of a European investigation order Repealed
99. Part IV: DEBT AND EJECTMENT PROCEEDINGS
101. 53Definitions
102. 54Time and issue of process
103. 55Signature on process
104. 56Times of hearing of processes
105. 57Costs of process to be stated
106. 58Modes of service of process
107. 59Persons entitled to serve processes
108. 60Special mode of service
109. 61Time for service
110. 62Summons server’s Process Book
111. 63Person other than summons server to prove service
112. 63A[ Receipt of certificate of service of process in evidence
113. 64Service deemed good
114. 65Process Register and extract therefrom
115. 66Entry of process
116. 67Re-entry of process where hearing adjourned
117. 68Striking out of proceeding
118. 69Withdrawal of proceeding
119. 70Order on consent where defendant appears
120. 71Order on written consent
121. 72Undefended proceedings
122. 73Order where more than one defendant
123. 74Dismiss
124. 75Procedure where previous dismiss is produced
125. 76Where process not entered by plaintiff it may be entered on application of defendant
126. 77Preparation of forms in debt or ejectment proceedings
127. 78Disposal of process
128. 79Signing of formal orders in debt or ejectment proceedings
129. 80Transfer of proceedings to county court
130. 81Enlargement or abridgement of times
131. 82Effect of non-compliance with Rules
132. 83Claims for rent joined under Article 72(3) of the Order with claims in ejectment
134. 84Contents of process in debt proceedings
135. 85Set-off or counterclaim
136. 86Details of claim, set-off or counterclaim may be demanded
137. 87Order where debt paid before hearing
138. 88Order where payments made on account before hearing
139. 89Dismiss on proof of set-off or counterclaim
140. 90Tender
141. 91Issue of decree after postponement subject to payment by instalments
142. 92Costs in debt proceedings
143. 93Interest on amount awarded
144. 94Postponement of issue of decree to be stay of enforcement for purposes of Article 116(3) of the Judgments Enforcement (Northern Ireland) Order 1981
146. 95Contents of process in ejectment proceedings
147. 96Costs in ejectment proceedings
148. Part V: Appeals or Applications commenced by Notice under Part VII of the Order
149. 97Signature on notice
150. 97A[ Appeal against recognition of foreign driving disqualification in UK
151. 98Time of service of notice
152. 99Copy of decision or determination appealed from to be lodged
153. 100Manner of service of notice
154. 101Times of hearing of appeals or applications
155. Part VI: PROCEEDINGS UPON A COMPLAINT IN A CIVIL MATTER
156. 102Order of Proceedings at the hearing of a complaint in a civil matter
157. 103Entries in Order Book
158. 104Method of making periodical payments
159. Part VII: Satisfaction and Enforcement of Orders
161. 105Notice to defendant of sum adjudged to be payable by a conviction
162. 105ACollection order
163. 105BSummons to debtor to attend on a collection officer
164. 105CSummons to debtor to attend a default hearing
165. 105DArrest where debtor fails to attend default hearing
166. 105ENotification of court order at default hearing
167. 105FInterpretation
168. 105GAppeals
169. 106A[ Supervised activity orders
170. 106BCommittal to Crown Court
171. 106Orders for supervision Repealed
173. 107Financial penalty enforcement orders
175. 108Transfer of Fine Order sent to England and Wales or Scotland
176. 109Transfer of fine order sent from England and Wales or Scotland
178. 109AEnforcement of financial penalties under section 88 of the Criminal Justice and Immigration Act 2008
180. 110Interpretation of Rules 111 to 121
181. 111Attachment of earnings order
182. 112Service of orders and notices
183. 113Particulars of defendant
184. 114Notice of application for appropriate variation order
185. 115Variation of attachment of earnings order on change of employment
186. 116Variation or discharge of attachment of earnings order by court of its own motion
187. 117Temporary variation of protected earnings rate
188. 118Consolidated attachment orders
189. 119Disposal of sums paid under consolidated attachment orders
190. 120Method of making payment under attachment of earnings order
191. 121Enforcement of Judgments Office records
193. 122Suspended sentences to be dealt with only in petty sessions
194. 123Evidence of conviction to be sent to the Crown Court
196. 124Interpretation of Section F
197. 125Order for Absolute or Conditional Discharge
198. 125AEntry in Order Book
199. 126Community Order
200. 126ACommittal to Crown Court
201. 126BRelease on Licence
202. 126C[ Recommended licence conditions for sentences of 12 months or more
203. 126DLicence conditions for sentences of less than 12 months
204. 126EConviction while licence remains in force
206. 127Notification of conviction before expiration of period of deferment
208. 128Enforcement process and order
209. 129Committal process and order
210. 130Service of process issued under Rule 128 or 129
212. 131Postponement of issue of decree for possession and application for the issue of the decree
213. 132Signature on notice of application for the issue of decree for possession
214. 133Service and lodgment of notice of application
215. 134Entry of minute of order on application under Rule 131
217. 135Duration of committal orders
218. 136Duplicate orders
220. 137Order allowing time for payment or for payment by instalments in proceedings upon complaint
221. 138Application for further time to pay or for payment to be by instalments in proceedings upon complaint
222. 139Direction that money found on default shall not be applied in satisfaction of sum adjudged to be paid by a conviction or in proceedings under Article 98 of the Order
223. 140To whom payments of sums ordered to be paid in proceedings upon complaint are to be made
224. 141Payment where imprisonment imposed
225. 142Part payment of sums to clerk of petty sessions
226. 143Execution of warrants in proceedings upon complaint
227. 144Execution of distress warrant by the Royal Ulster Constabulary
228. 145Warrants of distress issued under Article 109 of the Order
229. 146Costs of warrant to be added to sum due under warrant of commitment or distress
230. 147Application for review of warrant of commitment
232. 147ASupervision and Treatment Order
233. Part VIII: EVIDENCE
234. 148Affidavits and declarations
235. 149Proof by written statement in criminal proceedings (other than at a preliminary inquiry)
236. 149AA[ Application for special measures directions
237. 149ADA[ Application to disapply or disapply in part the primary rule
238. 149AERenewal application following a material change of circumstances
239. 149AFApplication for special measures direction for witness to give evidence by means of a live link
240. 149AGVideo recording of testimony from witnesses
241. 149AHExpert Evidence
242. 149AI[“Prohibition on cross-examination of particular witness
243. 149AJRestrictions on cross-examination of witness by the accused person
244. 149AKAppointment by the court
245. 149ALAppointment arranged by the defendant
246. 149AMProcedure for applications in proceedings for sexual offences
247. 149AN[ Application for reporting direction
248. 149AOApplication for excepting direction
249. 149APVariation or revocation
250. 149AQHearings
251. 149AR[Procedure for the admission of evidence of bad character
252. 149ASProcedure for the admission of hearsay evidence
253. 149B[ Admissibility of records as evidence under Article 16(5) of the Road Traffic Offenders (NI) Order 1996
254. 149C[ Evidence by live link where witness is outside the United Kingdom
255. 149DApplication for an abridgement of time
256. 149EForm of notice
257. 149F[ Evidence by live link by witness (other than the defendant)
258. 149GApplication for rescission of a direction
259. 149HApplication by the accused for live link direction
260. 149IDischarge of live link direction
261. 149J[ Witness Summonses
262. 149KApplication for a witness summons
263. 149LApplication that summons be of no further effect
264. 149MApplication to make the summons issued on application ineffective
265. 149NApplication to make summons issued of the court’s own motion ineffective
266. 149O[ Application by the accused for a direction allowing the examination of the accused through an intermediary
267. 149PDischarge or variation of a direction allowing the examination of accused by an intermediary
268. 149QDeclaration by an intermediary acting for either a witness or an accused
269. Part IX: RECOGNIZANCES
270. 150Taking of recognizances
271. 151Deposit of recognizance with clerk of petty sessions
272. 152Recognizances taken under Article 129 or 130 of the Order
273. 153Taking of recognizances of accused and sureties where court has certified consent to bail and accused has been remanded in custody
274. 153A[ Procedure on application for bail following grant of conditional police bail
275. 153BProcedure on reconsideration of a decision to grant bail
276. 153C[ Compassionate bail
277. Part X: APPEALS
279. 154Notice of appeal, recognizances, etc.
280. 155Documents to be sent to the chief clerk and to the parties to the appeal
281. 156Procedure after appeal to county court is determined
282. 157Return of Recognizance where notice of abandonment of appeal to the county court has been given
284. 158Contents of and signature upon written application for case stated
285. 159Notification of decision to grant application for case stated
286. 159ANotification of decision in an application for case stated in relation to proceedings under section 59 of the Crime (International Co-operation) Act 2003
287. 160Preparation and contents of case stated
289. 161Appellant to be told of his right to apply to the High Court for release from custody or reduction of bail pending hearing of appeal
291. 161AProcedure where prosecution appeals against grant of bail by magistrates’ court
292. Part XI: MISCELLANEOUS
293. 162Adjournments in proceedings upon summons, etc., where date of resumption thereof to be fixed
294. 163Remands in hospital
295. 164Service of copy of order to which Article 98 of the Order applies
296. 165[Interpretation of Rules 166 to 170
297. 166Application for an investigation anonymity order
298. 167Appeal against refusal to make an investigation anonymity order
299. 168Application to discharge an investigation anonymity order
300. 169Appeal against decision to discharge an investigation anonymity order
301. 170Hearings
302. 171[ Application for the closure of licensed premises and premises of registered clubs
303. 172Consideration and extension of a closure order
304. 173Appeal against a decision in respect of a closure order
305. 174[ Application for access to premises under section 94(1) of the Justice Act (Northern Ireland) 2015
306. Signature
307. Schedule 1: FORMS
308. Criminal Proceedings
309. A. Forms used in connection with both Summary TriaPart A. Forms used in connection with both Summary Tria
310. C. Forms used in connection with Preliminary InvesPart C. Forms used in connection with Preliminary Inves
311. D. Forms used in connection with Preliminary InquiPart D. Forms used in connection with Preliminary Inqui
312. E. Forms used in Connection with Committal for TriPart E. Forms used in Connection with Committal for Tri
313. F. Forms used in connection with Summary Trial of Part F. Forms used in connection with Summary Trial of
314. DEBT PROCEEDINGS
315. EJECTMENT PROCEEDINGS
316. APPEALS AND APPLICATIONS TO MAGISTRATES’ COURTS
317. PROCEEDINGS ON COMPLAINT IN A CIVIL MATTER
318. SATISFACTION AND ENFORCEMENT OF ORDERS
319. A. Orders in Criminal ProceedingsPart A. Orders in Criminal Proceedings
320. B. Orders in Debt ProceedingsPart B. Orders in Debt Proceedings
321. C. Orders in Ejectment ProceedingsPart C. Orders in Ejectment Proceedings
322. D. Orders for the payment of sums (other than on cPart D. Orders for the payment of sums (other than on c
323. RECOGNIZANCES AND FORMS USED IN CONNECTION THEREWITH
324. APPEALS TO COUNTY COURT AND BY WAY OF CASE STATED TO COURT OF APPEAL
325. A. Appeals to County CourtPart A. Appeals to County Court
326. B. Appeals by way of Case Stated to Court of AppeaPart B. Appeals by way of Case Stated to Court of Appea
327. MISCELLANEOUS
328. Schedule 2Debt Proceedings
329. Schedule 3Ejectment Proceedings
330. Index to Magistrates’ Courts (Northern Ireland) OrAppendix Index to Magistrates’ Courts (Northern Ireland) Or