# Magistrates’ Courts Rules (Northern Ireland) 1984

S.R. 1984/225 · made 26 June 1984 · revised to 17 October 2022

Made under: The Magistrates' Courts (Northern Ireland) Order 1981 (Article 13)

PDFs: Printed copy https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/pdf/nisr_19840225_en.pdf; Printed copy https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/pdf/nisr_19840225_en_20160401.pdf

## Introductory text

MAGISTRATES’ COURTS
Made 26th June 1984
Coming into operation 3rd September 1984
The Lord Chancellor, in exercise of the powers conferred on him by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981 Art.13, hereby on the advice of the Magistrates’ Courts Rules Committee and after consultation with the Lord Chief Justice, hereby makes the following Rules:

## Part I: CITATION, INTERPRETATION AND COMMENCEMENT, ETC.

## 1 Citation

These rules may be cited as the Magistrates’ Court Rules (Northern Ireland) 1984

## 2 Interpretation

(1) In these Rules “the Order” means the Magistrates’ Courts (Northern Ireland) Order 1981.
(2) Any reference in these Rules to members of the Police Service of Northern Ireland shall include a reference to members of the Reserve on duty with the Police Service of Northern Ireland.
(3) In these Rules:—
“administrative court division” means such division specified under section 2 of the Justice Act (Northern Ireland) 2015 for any purposes of a county court;
(a) “a chief clerk” has the meaning assigned to it by Article 2(2) of the County Courts (Northern Ireland) Order 1980; and
[(aa “criminal justice organisation” means any one of the following organisations—
(i) Northern Ireland Courts and Tribunals Service;
(ii) Police Service of Northern Ireland; or
(iii) Public Prosecution Service for Northern Ireland;
(ab) “data sharing mechanism” is an electronic mechanism which allows criminal justice organisations to share information with each other electronically;
(ac) “electronic report” means a report generated by the computer system of a criminal justice organisation which is shared with other criminal justice organisations through a data sharing mechanism and which shall contain information as prescribed in Rule 11 (7A)(b);]
(b) [... ];
[(c “the 1999 Order” means the Criminal Evidence (Northern Ireland) Order 1999].
[(d “the 1999 Act” means the Youth Justice and Criminal Evidence Act 1999].
[(e “the 2004 Order” means the Criminal Justice (Evidence) (Northern Ireland) Order 2004].
(4) Any reference in the Rules to a Form by number is a reference to that Form so numbered in Schedule 1.

## 3 Commencement

These Rules shall come into force on 3rd September 1984.

## 4 Revocation of existing rules

The following Rules are hereby revoked as from the coming into force of these Rules:—
the Magistrates’ Courts Rules (Northern Ireland) 1974 ;
the Magistrates’ Courts (Emergency Provisions) Rules (Northern Ireland) 1976;
the Magistrates’ Courts (Amendment) Rules (Northern Ireland) 1976;
the Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 1976;
the Magistrates’ Courts (Extra-territorial Offences) Rules (Northern Ireland) 1976;
the Magistrates’ Courts (Amendment No. 3) Rules (Northern Ireland) 1976;
the Magistrates’ Courts (Amendment) Rules (Northern Ireland) 1977;
the Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 1977;
the Magistrates’ Courts (Amendment) Rules (Northern Ireland) 1978
the Magistrates’ Courts (Amendment) Rules (Northern Ireland) 1979
the Magistrates’ Courts (Attachment of Earnings) Rules (Northern Ireland) 1980
the Magistrates’ Courts (Amendment) Rules (Northern Ireland) 1980
the Magistrates’ Courts (Criminal Justice) (Amendment) Rules (Northern Ireland) 1980
the Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 1980
the Magistrates’ Courts (Amendment No. 3) Rules (Northern Ireland) 1980
the Magistrates’ Courts (Amendment No. 4) Rules (Northern Ireland) 1980

## 5 Saving for the Magistrates’ Courts (Children and Young Persons) Rules (Northern Ireland) 1969

Subject to the Children and Young Persons Act (Northern Ireland) 1968 and the Criminal Justice (Children) (Northern Ireland) Order 1998, nothing in these Rules shall affect the operation of the Magistrates’ Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999.]

## Part II: DOCUMENTS

## 6 Wording, etc., of documents

(1) Every complaint, summons, warrant or other document made or issued for the purpose of, or in connection with, any proceedings before a magistrates’ court for an offence shall be sufficient if it describes the specific offence with which the accused is charged, or of which he is convicted, in ordinary language avoiding as far as possible the use of technical terms, and gives such particulars as may be necessary for giving reasonable information as to the nature of the charge.
(2) Every complaint, summons, warrant or other document in proceedings upon complaint in a civil matter shall be sufficient if it describes the cause of complaint in ordinary language without necessarily stating all the facts upon which the complaint is founded and gives such particulars as may be necessary for giving reasonable information as to the nature of the complaint.
(3) If the offence charged or cause of complaint is one created by or under any statutory provision, the description of the defence or cause of complaint shall contain a reference to the section of the Act, or, as the case may be, the rule, order, regulation, bye-law or other instrument giving rise to the offence or the cause of complaint unless such reference appears elsewhere on the face of any summons or warrant issued in respect thereof.
(4) Subject to the foregoing paragraphs, the forms set out in Schedule 1 or forms to the like effect shall, where appropriate, be used in connection with proceedings to which the Rules relate.

## 7 Form of complaint

(1) A complaint may be made by the complainant in person or by his solicitor or by any other person authorised in that behalf.
(2) Subject to any enactment, where it is intended that a summons only shall issue to require the attendance of any person, the complaint may be made either upon or without oath, and either in writing or not, as the lay magistrate receiving the complaint thinks fit.
(3) Where a complaint is in writing it shall be signed by the person making it and by the justice receiving it.
(4) Where it is intended that a warrant shall issue for the arrest of any person, the complaint shall be in writing and on oath of the complainant or of his solicitor or of any other person authorised in that behalf.
(5) Any person against whom a complaint has been made in writing or his counsel or solicitor shall be entitled on request to receive from the clerk of petty sessions a copy of such complaint.
(6) The original complaint shall be deposited with and, except as provided by Rule 28(2), Rule 42(1) or Rule 155(1), retained by the clerk of petty sessions.
(7) In describing the property mentioned in any complaint—
(a) where the property belongs to or is in the possession of partners, trustees, joint tenants, coparceners, or tenants in common, it is sufficient to refer to such property as that of any such persons who are named and of another or others, as the case may be, without naming them; or
(b) where the property is that of a local or public authority, commissioners, directors, trustees, a body corporate or persons known by any other general designation it shall be sufficient to refer to it as the property of such persons without naming them individually.
(8) It shall not be necessary in a complaint to specify or negative an exception, exemption, proviso, excuse or qualification, whether or not it accompanies the description of the offence or cause of complaint contained in the statutory provision giving rise to the offence or on which the complaint is founded.

## 8 Form of summons

(1) Every summons shall be signed by the person who issues it.
(2) No summons shall be signed in blank.
(3) Where there is more than one defendant a separate summons shall be issued in respect of each defendant.
(4) Every summons shall state shortly the offence or cause of complaint and shall state the time and place at which the person summoned is required to appear.
(5) A single summons may be issued against a person in respect of several complaints but the summons shall state each offence or cause of complaint separately and shall have effect (except for the purposes of an order made under section 116 of the Judicature (Northern Ireland) Act 1978 as several summonses, each issued in respect of one complaint.
(6) The name and address of the complainant and the name and, where possible, the usual or last-known address of the person summoned shall be stated in the summons.
[(7 A summons issued in respect of an offence involving obligatory or discretionary disqualification within the meaning of Article 4 of the Road Traffic Offenders (Northern Ireland) Order 1996 shall bear an endorsement in Form 2B.]

## 9 Preparation of summons

(1) Subject to paragraph (2), the complainant or, where the summons is a witness summons, the person applying for the issue of the summons shall be responsible for the preparation of any necessary summons.
(2) Where the complainant or the person applying for the issue of a witness summons is not a solicitor [...] the lay magistrate receiving the complaint or granting the application may direct the clerk of petty sessions to assist in the preparation of a summons.
(3) References in this Rule to a summons include any copy thereof for service.

## 10 Plea of guilty by post

(1) Where it is intended to make the procedure of pleading guilty by post under Article 24(1A) of the Order available to the defendant, the summons shall be accompanied by Form 3 together with —
(a) Form 4 or copies of the witness statement(s); and
(b) Form 6 or Form 6A,
as appropriate.]
(2) Notice in writing of the service of such a summons shall be given by or on behalf of the complainant to the clerk of petty sessions pursuant to Article 24(1) of the Order and shall be in Form 5.
(3) Where the defendant elects to enter a plea of guilty in writing pursuant to Article 24(2) of the Order he shall do so in Form 6 [ or Form 6A as appropriate].
(4) Where a person has been convicted upon his written plea of guilty and the Court decides to adjourn the hearing before passing sentence, the clerk of petty sessions shall give to the defendant notice in writing of the time and place of the adjourned hearing and shall specify the reason for the adjournment.

## 11 Service of summons

(1) Subject to Rule 12 and Rule 12A, in the case of an offence prosecuted by the Director of Public Prosecutions a summons shall be served by a member of the Police Service of Northern Ireland who is not in charge of the investigation of the offence:]
(2) In other cases, the summons shall, subject to [ ... [... paragraph (3B)] and] Rule 12 be served by—
(a) the summons server of the administrative court division in which the proceedings are brought or in which the defendant or witness resides; or
(b) any person who has received permission from a district judge (magistrates’ court)] 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.
[(3 Subject to ... [ ... paragraph (3B), in no case shall a summons be served by the complainant, or a director, partner or employee of the complainant.
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[(3B Service of a summons under Article 138(2A)(b) of the Order may be effected by a [ civil servant in the Department of Justice] sending a copy of the summons in Form 95 and of Form 95B, by ordinary post in an envelope addressed to the person to be served at his or her last known place of abode.]
(4) Subject to ... [... paragraph 3B] [ Rule 12A and] Rule 13 every summons shall be served upon the person to whom it is directed by delivering to him a copy of such summons, or, where he is a child or young person within the meaning of Part IV of the Children and Young Persons Act (Northern Ireland) [ 1968 or a parent] of such child or young person summoned in connection with proceedings against such child or young person or where the summons alleges a summary offence or is issued upon complaint in a civil matter or is a witness summons, by leaving it for him with some person apparently over the age of sixteen years at his usual or last known place of abode or at his place of business.
[(5 Subject to ... paragraph 3B and Rule 12A] in the case of a corporate body, a summons shall be served by delivering a copy to the secretary or clerk of the body or by leaving a copy for him with some person apparently over the age of sixteen years at its registered or principal office or at any place of business maintained by such body in Northern Ireland, or by sending a copy by registered post or by the recorded delivery service (using the advice of delivery form) in an envelope addressed to such corporate body at such office or place of business.
Notwithstanding anything in paragraph (2), in a case where service is effected by registered post or by the recorded delivery service, the envelope containing the copy summons may be posted by any person other than the complainant.
(6) Every summons shall be served a reasonable time before the hearing of the complaint.
[(7 [ Subject to paragraph 7A [ and paragraph 7C]] the person who serves a summons shall endorse on the original the date, place and manner of service and, unless service may be proved by an affidavit or a certificate of service in [ ... Form 109C or] Form 110A shall attend at the hearing of the complaint to depose, if necessary, to such service and in the case of service by registered post or the recorded delivery service there shall be attached to the affidavit or certificate of service or be produced in court the certificate of posting and, subject to Rule 13(2)(a), the advice of delivery issued by the Post Office.]
[(7A Where a member of the Police Service of Northern Ireland serves a summons and the accompanying documents, service may be proved
(a) by an affidavit or certificate of service in Form 110A; or
(b) by an electronic report which shall contain the following information:—
(i) the name and the police service number of the person who served the summons;
(ii) the date of service;
(iii) the place of service; and
(iv) the manner of service.
(7B) Where service is to be proved by an affidavit or certificate of service or by an electronic report the court may require the person who served the summons and any accompanying documents to attend court at the hearing of the complaint and depose, if necessary, to such service.]
[(7C) Where a summons is to be served in accordance with paragraph (3B), the person posting the envelope containing the copy of the summons shall endorse on the original summons his name, description and the date and place of posting of the envelope and shall complete and sign a certificate of service in Form 95A.
(7D) If a surety fails to appear in answer to a summons served in accordance with paragraph (3B), such service shall not be deemed valid unless an acknowledgment of service in Form 95B appearing to be signed by the surety or his or her solicitor is produced to the court.
(7E) Unless the contrary is proved, where a summons is served in accordance with paragraph (3B),—
(i) the signed acknowledgment of service shall be taken as proof of service; and
(ii) the document shall be deemed to have been served at the time at which the envelope containing it would have been delivered in the ordinary course of post.]
(8) Nothing in this Rule shall affect the provisions of any statutory provision dealing with the time and manner of service and the person who may serve summonses in particular cases.

## 12 Service of a summons in England and Wales or Scotland

(1) A summons requiring a person in England and Wales or Scotland charged with an offence to appear before a magistrates’ court in Northern Ireland may, subject to paragraph (4), be served by any member of a home police force within the meaning of the Police Act 1969 or by a person employed by the chief officer of police or the police authority for the area in which the summons is to be served who is authorised by the chief officer of police to serve summonses.
(2) Service of the summons may be proved by an affidavit in Form 109 sworn in England and Wales before a justice of the peace or clerk to the justices or in Scotland before a sheriff, justice of the peace or sheriff clerk [ or by a certificate of service in Form 110A.]
(3) The summons shall be served by delivering a copy to the person charged at least 14 days before the date of the hearing.
(4) Where the summons is to be served on a corporate body in England and Wales or Scotland, paragraph (5) of Rule 11 shall have effect as if the words “in Northern Ireland” were omitted.
(5) Paragraphs (4) and (6) of Rule 11 shall not apply to the service of a summons under this Rule.

## 12A [ Postal Service of Summons for offences prosecuted by [(d)...] the Director of Public Prosecutions

(1) Subject to paragraph (6), in cases of [...] offences prosecuted[...] by the Director of Public Prosecutions, service of the summons may be effected by post in accordance with paragraph (2).]
(2) Service of a summons under this Rule shall be effected by sending a copy of the summons by ordinary post in an envelope addressed to the person to be served at his usual or last known place of abode or at his place of business.
(3) Where a summons is to be served in accordance with paragraph (2) the person posting the envelope containing the copy of the summons shall endorse on the original summons his name [...] or description and the date and place of posting of the envelope and shall complete and sign a certificate of service in Form 110A.
[(4 If the person summoned fails to appear in answer to a summons served in the manner authorised by paragraph (2), such service shall not be deemed valid unless an acknowledgment of service in—
(a) Form 110B; or
(b) in cases where the procedure of pleading guilty by post under Article 24(1A) of the Order is available to the defendant, in Form 6 or Form 6A as appropriate,
appearing to be signed by the defendant or his solicitor is produced to the court.]
(5) Unless the contrary is proved—
(a) the signed acknowledgement shall be taken as proof of service; and
(b) the document shall be deemed to have been served at the time at which the envelope containing it would have been delivered in the ordinary course of post.
[(6 This Rule shall not apply to summonses which, under any statutory provision, require personal service upon the person to be served.]
(7) Nothing in this Rule shall prevent the service of a summons by any other method allowed for under these Rules.

## 12B [ Receipt of certificate or electronic report in evidence

Any document purporting to be given as a certificate in ... Form 109C or Form 110A, or any information or documentation provided by means of an electronic report, shall be received in evidence and shall be deemed to be duly made until the contrary is shown.

## 12C [ Proof of service of notice of registration under the Road Traffic Offenders (Northern Ireland) Order 1996

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 12D Proof of service of a requirement to identify driver of vehicle under Article 15 of the Road Traffic Offenders (Northern Ireland) Order 1996

Service of a requirement under Article 177 of the Road Traffic (Northern Ireland) Order 1981, to give information as to the identity of the driver of a vehicle may be proved in any proceedings by a certificate of service in Form 109C.]

## 12E Proof of service of notice of registration under the Justice Act (Northern Ireland) 2011

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 13 [ Postal Service of Summons other than for offences prosecuted by [ ... ] the Director of Public Prosecutions

(1) [ Where a district judge (magistrates’ courts) or the clerk of petty sessions is satisfied that it is not reasonably practicable to serve a summons to which paragraph (2) of Rule 11 applies in accordance with that Rule, the district judge (magistrates’ courts) or clerk of petty sessions may give permission by an endorsement signed by him on the original summons for service to be effected by post in accordance with paragraph (2)(a)].
(2) The summons server of the administrative court division in which the proceedings are brought shall—
(a) send by registered post or by the first-class postal recorded delivery service (using the advice of delivery form, save where the district judge (magistrates’ courts) in exceptional circumstances dispenses with this requirement) a copy of the summons in an envelope addressed to the person to be served at his usual or last-known place of abode or at his place of business; and
(b) endorse on the original summons the name of the summons server, the date on which it was posted and the serial number on the envelope and on the Post Office receipt of postage.
(3) [ Unless service shall be proved by affidavit or a certificate of service in Form 110A the person who serves the summons shall attend at the hearing of the complaint to depose, if necessary, to such service and shall produce to the court, or, as the case may be, attach to the affidavit or certificate of service] the following documents:—
(a) the original summons endorsed by him with the particulars referred to in paragraph (2)(b);
(b) the Post Office receipt of postage;
(c) subject to paragraph (2)(a), the relevant Post Office advice of delivery.
(4) Subject to paragraph (2)(a) a summons proved to have been posted and delivered as aforesaid shall, unless she contrary is shown, be deemed to have been served on the person to whom the envelope containing it was addressed at the time stated in the Post Office advice of delivery.
(5) Nothing in this Rule shall derogate from the provisions of any enactment within the meaning of section 1 of the Interpretation Act (Northern Ireland) 1954 (other than Rule 11) under which proof of personal service of a summons upon the person to be served is required.
(6) Where the summons server informs the clerk of petty sessions that the envelope containing a copy of a summons, postal service of which has been permitted under paragraph (1), has been returned by the Post Office on the ground that delivery of the envelope was not accepted by anyone at the address of the person to be served, the clerk shall forthwith give notice thereof in writing to the complainant named in the summons or to his solicitor and transmit to the complainant or, as the case may be, his solicitor the documents listed in paragraph (8)(a), (b), (c) and (d).
(7) The complainant or his solicitor may thereupon either verbally or in writing request a district judge (magistrates’ court) to grant permission for the summons to be served by ordinary post.
(8) A district judge (magistrates’ court) may grant such permission upon production of—
(a) the original summons endorsed under paragraph (2)(b);
(b) the Post Office receipt of postage;
(c) the copy of the summons enclosed in the envelope containing it returned by the Post Office as undelivered;
(d) the form of advice of the Post Office that the envelope containing such copy could not be delivered according to the practice of the Post Office as to delivery by registered post or, as the case may be, by the recorded delivery service because delivery of the envelope was not accepted by anyone at the address of the person to be served;
(e) a certificate in Form 117 signed by the complainant or his solicitor or other person authorised to do so on his behalf that, having regard to the reason given by the Post Office for non-delivery of the envelope containing the copy summons addressed to the person to be served stated in the form of advice referred to in sub-paragraph (d), to the best of his knowledge or belief a copy of the summons is sent by ordinary post to the person to be served at the address stated in the summons will, for the reason stated by the complainant in the certificate, come to the notice of that person a reasonable time before the date on which he is summoned to appear before the court:
and shall endorse such permission on the original summons.
(9) Where such permission is granted the summons server shall—
(a) send the copy of the summons by ordinary post in an envelope addressed to the person to be served at his usual or last known place of abode or at his place of business; and
(b) endorse on the original summons the place and date of posting of such copy to the person to be served.
(10) Subject to paragraph (11) the summons server shall attend at the hearing of the complaint stated in the summons to depose as to compliance with this Rule.
(11) Where proof of such compliance is given on affidavit [ or by a certificate of service in Form ] 110A] in accordance with Article 126 of the Order the documents referred to in paragraph [ (8)(a) to (e)] shall be attached to the affidavit [ or to the certificate of service].
(12) The copy of the summons posted in accordance with this Rule shall, unless the contrary is proved, be deemed to have been served at the time at which the envelope containing it would have been delivered in the ordinary course of post.
(13) In this Rule a reference to the summons server includes any person who has under Rule 11(2)(b) received the permission of a district judge (magistrates’ courts), lay magistrate or clerk of petty sessions to serve a summons.

## 13A [ Declaration under Article 25A of the Order

(1) A statutory declaration in accordance with Article 25A of the Order shall be made in Form 110C.
(2) Where the clerk of petty sessions receives a statutory declaration which complies with Article 25A of the Order he shall:
(a) record the receipt of the declaration in the Order Book against the relevant entry; and
(b) notify in writing the prosecutor[...].

## 13B [ Declarations under the Road Traffic Offenders (Northern Ireland) Order 1996

(1) A declaration under Article 77 or 78 of the Road Traffic Offenders (Northern Ireland) Order 1996 shall be made in Form 110D.
(2) Where the clerk of petty sessions or the court accepts service of such a declaration the clerk of petty sessions shall—
(a) record the receipt of the statutory declaration in the Order Book against the relevant entry of registration of the sum as a fine; and
(b) notify the Chief Constable in writing that the statutory declaration has been received.]

## 13C [ Declarations under the Justice Act (Northern Ireland) 2011

(1) A statutory declaration under section 68 of the Justice Act (Northern Ireland) 2011 shall be made in Form 110E.
(2) Where the clerk of petty sessions or the court accepts service of such a statutory declaration the clerk of petty sessions shall—
(a) record the receipt of the statutory declaration in the Order Book against the relevant entry or registration of the sum as a fine; and
(b) notify the Chief Constable that the statutory declaration has been received.]

## 14 Form of warrant or order

(1) Subject to paragraph (2), a warrant or form of order issued to give effect to the order of a magistrates’ court shall be signed by the district judge (magistrates’ courts) or lay magistrate who made the order or by the clerk of petty sessions.
(2) A warrant to arrest or warrant to search must be signed by a district judge (magistrates’ courts) or lay magistrate.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) No warrant shall be signed in Blank.
(4) Every warrant shall state shortly the offence charged in the complaint or the grounds on which the warrant is issued.
(5) A warrant shall name in full or otherwise describe the person against whom it is issued.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[(7 Where no other form of warrant of arrest is prescribed, either by these Rules or by any other statutory provision, the warrant in Form 8C shall be used.]

## 15 Separate warrants to be issued for each sentence imposed

(1) Subject to paragraphs (2) and (3), where a magistrates’ court imposes more than one sentence upon a person convicted of more than one offence a separate warrant of distress or commitment shall be issued for the purpose of giving effect to each sentence.
(2) Where the court in imposing more than one sentence of imprisonment upon any person orders that the sentences are to run concurrently—
(a) a warrant of commitment need not, unless under special circumstances the governor of the prison to which such person is committed otherwise requests, be issued in respect of a sentence which will expire before or on the expiration of any such sentence in respect of which a warrant of commitment has been issued; and
(b) where only one warrant of commitment is issued under this paragraph the clerk of petty sessions shall send to the said governor, together with the warrant, particulars of the sentences which are not specified in the warrant.
(3) Where the court orders a person convicted of more than one offence at the same time to be sent for a period of detention in a young offenders centre or to a training school or commits a child or young person to a remand home in accordance with section 74 of the Children and Young Persons Act (Northern Ireland) 1968 only one warrant need be issued for the purpose of giving effect to such order and the clerk of petty sessions shall send particulars of any conviction and order not specified in the warrant to the person in charge of the young offenders centre, training school or remand home, as the case may be.
(4) Where a sentence of imprisonment is imposed to run concurrently with or consecutively to another sentence of imprisonment, the fact shall be stated on the warrant of commitment.
(5) Where a sentence of imprisonment is imposed to run concurrently with or consecutively to a period for which a person is ordered to be returned to prison under Article 3 of the Treatment of Offenders (Northern Ireland) Order 1976 [ or Article 28 of the Criminal Justice (Northern Ireland) Order 1996] the fact shall be stated on the warrant of commitment.
(6) Where the court makes an order for the return of a person to prison under [ either of the Articles referred to in paragraph (5)] a warrant of commitment shall in every case be issued in pursuance of the order.

## 16 Endorsement of warrants of commitment as to release on bail

(1) Where a magistrates’ court commits an accused for trial in custody in accordance with Article 37 of the Order or remands an accused in custody in accordance with Article 47 of the Order it may certify its consent to bail either on a separate form or by endorsement on the warrant of commitment and the certificate of such consent may be signed on behalf of the court by the clerk of petty sessions.
[(1A Where under Article 5(5)(a) or Article 28(2)(b) of, or Schedule 2 to, the Criminal Justice (Northern Ireland) Order 1996, the court commits an offender in custody until he can be brought or appear before the Crown Court, it may certify its consent to bail by endorsement on the warrant of commitment in Form 11A and the certificate of such consent may be signed on behalf of the court by the clerk of petty sessions.]
(2) The certificate, in addition to specifying the amount of the recognizance to be entered into by the accused, shall also specify the amount of the recognizance to be entered into by any surety required by the court under Article 136 of the Order or the amount of any sum of money or valuable security to be deposited under Article 137 of the Order in lieu of sureties.
(3) Where an accused is remanded in custody or is committed for trial in custody and is subsequently granted bail before the expiration of the period for which he was originally remanded or before the sitting of the court to which he is committed for trial, upon an application by or on behalf of the accused to the court, the court shall issue a warrant for his discharge from prison to take effect from the completion of the necessary recognizance.

## 17 Binding over complainant to prosecute or give evidence upon issue of warrant

(1) When a district judge (magistrates’ courts) or lay magistrate issues a warrant for the arrest of any person he may bind the person making the complaint by recognizance to appear at the court where such person is to be tried to prosecute or to give evidence, as the case may be.
(2) The recognizance may either be in a separate form or at the foot of the complaint.

## 18 Withdrawal of warrants

A district judge (magistrates’ courts) or lay magistrate who order the withdrawal of a warrant under Article 158 of the Order shall endorse his reasons for such withdrawal upon the warrant.

## 19 The Order Book

(1) in every proceedings (other than one to which Part VI of the Order applies) the clerk of petty sessions shall enter the particulars of the proceedings and the substance of the decision upon it in a book to be known as the “Order Book” and such particulars may, subject to any directions given by the Lord Chancellor or a district judge (magistrates’ courts), be entered by reference to any other proceedings, particulars of which have previously been fully so entered.
(2) Subject to paragraph (3) such entry shall be signed by the district judge (magistrates’ courts) or lay magistrate who determined the proceeding [ or, where he is unavailable, by the clerk of petty sessions], and after such signature shall be deemed a conviction or order, as the case may be.
(3) Where a page of the Order Book contains more than one consecutive complete entry relating to proceedings determined by the same district judge (magistrates’ courts) or lay magistrate on the same date, it shall be sufficient compliance with paragraph (2) as regards each entry if [ the appropriate district judge (magistrates’ courts) or lay magistrate or, where he is unavailable, the clerk of petty sessions,] signs all the end of the last such entry.
(4) Where a district judge (magistrates’ courts) or lay magistrate has made a conviction or order out of petty sessions he shall, if an Order Book is not signed, sign and forward a certificate of the proceedings to the clerk of petty sessions, which certificate when signed shall be deemed a conviction or order, as the case may be.
(5) Upon the receipt of the certificate referred to in paragraph (4) the clerk of petty sessions shall enter the particulars on the certificate in the Order Book and [ shall submit the entry to the district judge (magistrates’ courts) or lay magistrate who signed the certificate for his signature or, where he is unavailable, the clerk of petty sessions shall sign the entry himself.]
(6) Where a lay magistrate hears and determines out of petty sessions any charge against an adult for an offence specified in Part II of Schedule 1 to the Order, the fact that the person charged has consented to be dealt with in accordance Article 18(3) of the Order shall be entered in the Order Book as part of the Order.
(7) Where at the hearing of a complaint charging a summary offence or where at the summary trial of an indictable offence the accused pleads guilty, the court shall cause the plea to be entered in the Order Book as part of the order.
(8) Where a court—
(a) tries summarily any offence for which the accused appearing in person is entitled in accordance with Article 29 of the Order to claim to be tried by a jury; or
(b) deals summarily under Article 45 of the Order with any person charged with an indictable offence specified in Schedule 2 to the Order upon his consent to be so dealt with;
the court shall cause to be entered in the Order Book as part of the order his election to be tried summarily or as the case may be.
(9) Where a magistrates’ court adjourns a case under Article 50 or Article 51 of the Order the court shall explain to the accused the reasons for the adjournment and shall cause a note of those reasons to be entered in the Order Book as part of the order.
(10) Where an application is made to a magistrates’ court for the grant of a civil magistrates’ aid certificate or a criminal aid certificate, the court shall cause a note of the grant or refusal thereof to be entered in the Order Book.
(11) Where the sitting of a magistrates’ court is adjourned by a clerk of petty sessions under Article 161(5) of the Order shall make a note of such adjournment in the Order Book.
(12) No erasure shall be made of the particulars entered upon the Order Book.
(13) Every interlineation or other alteration in the Order Book shall be initiated by the district judge (magistrates’ courts), [ lay magistrate or clerk of petty sessions] signing the entry of the conviction or order.

## 20 Certificate of conviction or order

(1) At the request of any person with a bona fide interest in any proceedings a district judge (magistrates’ courts), Lay magistrate or clerk of petty sessions shall grant a certificate of the conviction or order made in such proceedings.
(2) The certificate shall be signed by a district judge (magistrates’ courts), a lay magistrate or by the clerk of petty sessions.
(3) A certificate under this Rule shall be prima facie evidence of the conviction or order an, except where it is proved that such a certificate purporting to be signed by a district judge (magistrates’ courts) or lay magistrate or clerk of petty sessions was not in fact so signed, the certificate shall operate as a valid form of conviction or order for any purpose whatsoever.

## 21 Documents taken by or made before district judges (magistrates’ court) or lay magistrate sitting out of petty sessions

Every complaint, deposition, recognizance of other document taken by or made before a district judge (magistrates’ court) or lay magistrate sitting out of sessions shall as soon as practicable be forwarded or delivered to the clerk of petty sessions ....

## 22 Signing of documents on behalf of clerk of petty sessions

Where these Rules provide that a document shall or may be signed by the clerk of petty sessions of that an affidavit or statutory declaration may be sworn or made before or recognizance may be taken by the clerk of petty sessions, that document may be signed by, or, as the case may be, that affidavit or declaration may be sworn or made before or that recognizance may be taken by a person holding a rank not lower than executive officer, grade two duly authorised by the clerk of petty sessions or by a district judge (magistrates’ court) to do so.

## Part III: CRIMINAL PROCEEDINGS

## 23 Order of proceedings on the hearing of a complaint charging a summary offence

(1) The procedure for hearing a complaint charging a summary offence shall be as follows:—
(a) The substance of the complaint shall be stated to the accused and, if necessary, explained to him before a plea is taken;
(b) Where the accused pleads guilty to the complaint the court shall, if it sees no reason to the contrary, convict or make an order against him accordingly but before making such conviction or order the court shall allow the prosecutor or him counsel or solicitor and then the accused of his counsel or solicitor to address the court;
(c) Where the accused does not plead guilty, the prosecutor or his counsel or solicitor shall call the evidence for the prosecution and before doing so may address the court;
(d) At the conclusion of the evidence for the prosecution, the accused or his counsel or solicitor may address the court, whether or not he afterward calls evidence;
(e) At the conclusion of the evidence, if any, for the defence, the prosecutor or his counsel or solicitor may, with the leave of the court, call evidence to rebut that evidence;
(f) At the conclusion of the evidence, if any, for the defence and the evidence, if any, in rebuttal as aforesaid, the accused or his counsel or solicitor may address the court—
(i) if he has not previously done so; [or]
(ii) with the leave of the court, if the accused and another witness have been called on the part of the accused;
(g) If the court convicts the accused he or his counsel or solicitor may address the court in mitigation of sentence.
Provided always that, notwithstanding anything in the previous provisions of this Rule, the court may permit or invite the accused or the prosecutor or his counsel or solicitor to make a submission on a point of law arising at any stage of the proceedings, and in that event the court shall permit the prosecutor or the accused or his counsel or solicitor, as the case may be, to reply.
(2) Where the court convicts the accused, the prosecutor shall, subject to paragraph (4), hand to the court and, where the accused appears in person or by counsel or solicitor, to the accused or his counsel or solicitor a written statement of any previous conviction of the accused.
(3) The court—
(a) where the accused appears in person or by counsel or solicitor, shall ask the accused or his counsel or solicitor if he agrees with the statement and, if he does so agree; or
(b) where the accused does not appear in person or by counsel or solicitor,
shall not in making any order upon the conviction make any oral reference to any previous conviction of the accused in which it has not taken into consideration in making such order and which in the opinion of the court is not relevant to the order so made.
(4) Where a written statement such as is referred to in paragraph (2) is not available and the court considers it expedient so to do, it may ask the prosecutor to refer orally only to any previous conviction to which he considers the court ought to have regard because of its date or nature or it may adjourn proceedings in accordance with Article 50 of the Order to enable paragraph (2) to be complied with.
(5) The failure of the prosecutor to comply or adequately to comply with the provisions of paragraphs (2) to (4) shall not affect the validity of any conviction of or of any sentence passed on the accused.
(6) A notice of intention to cite previous convictions in Form 7 shall be served on the defendant not less than seven days before the date fixed for hearing [ and such service may be effected by ordinary post.]

## 24 Procedure in relation to certain offences to which Article 29 of the Order applies

(1) Where the accused appearing in person is charged with an offence [ ...] to which paragraph (1) of Article 29 of the Order applies, after the substance of the complaint is stated to the accused and before he pleads thereto, the court shall, subject to paragraphs (2) and (3)—
(a) address the accused as follows:—
For the offence with which you are charged you may be tried summarily but you have a right to claim to be tried [ in the Crown Court sitting with a jury. In certain circumstances a trial in the Crown Court may be heard by a judge sitting without a jury
(b) if desirable, give to the accused information as to the court to which he may be committed for trial and any explanation as to the meaning of being tried summarily:
(c) address the accused as follows:—
Instead of being tried summarily do you wish to claim your right to be tried[ in the Crown Court?
(2) Where the accused appearing in person with an offence to which Article 29(4) of the Order applies, after the substance of the complaint is stated to the accused and before he pleads thereto, the court shall—
(a) address the accused as follows;—
For the offence with which you are charged you may be tried summarily but if you have previously been convicted of a like offence, but not otherwise, you may have the right to be tried [ in the Crown Court sitting with a jury. In certain circumstances a trial in the Crown Court may be heard by a judge sitting without a jury
(b) if desirable, give the accused any information as to the court to which he may be committed for trial and any explanation as to the meaning of being tried summarily;
(c) address the accused as follows:—
If you have the right to be tried [ in the Crown Court], do you wish to claim it or do you wish to be tried summarily?
(d) if the accused in answer to the last question claims to be tried [ in the Crown Court], inquire into the record of the accused for the purpose of verifying his claim but such inquiry shall be confined to matters necessary for such verification.
(3) [ ... ]
(4) It shall be sufficient compliance with this Rule requiring the court to address the accused for the presiding district judge (magistrates’ court) to cause the accused to be addressed in the appropriate manner by an official of the court.

## 25 Service of statement of complaint before preliminary investigation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 26 Proceedings at a preliminary investigation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 27 Procedure for binding witnesses and prosecutor over to attend trial

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 28 Documents and exhibits to be sent to the court of trial

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 29 Supply of depositions and complaint to accused

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 30 Adjourned preliminary investigation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 31 Interpretation of Rules 32 to 42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 32 Notice of preliminary inquiry

(1) A notice of a preliminary inquiry shall be in Form 20A.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The list of witnesses referred to in Form 20A giving the number of pages in each written statement of evidence shall be in Form 23.
(5) The statement of complaint referred to in Article 32(1)(b)(i) of the Order shall be in Form 15 and the list of exhibits referred to in Article 32(1)(b)(ii) of the Order shall be in Form 24.
(6) Where the statement of complaint relates to more than one charge, it shall set out each charge in numerical order
(7) The notice together with the, lists and copies of the documents referred to in Article 32(1) of the Order and in paragraph (4) of this Rule shall be furnished to the clerk of petty sessions ...—
(a) by serving them upon him personally at his office or upon a responsible member of his staff thereat; or
(b) by enclosing them in an envelope and sending it addressed to him at his office by registered post or by the recorded delivery service.

## 33 Service on accused of copy of notice and of documents referred to in Article 32(1) of the Order

A copy of the said notice together with, lists and documents referred to in Article 32(1) of the Order and in paragraph (4) of [ Rule 32] shall be served on the accused in the same manner as a summons upon complaint for an indictable offence is required to be served under paragraphs (1), (2), (4), (5) and (6) of Rule 11 and proof of such service shall be given in accordance with paragraph (7) of that Rule.

## 34 Conduct of preliminary inquiry

(1) Without prejudice to Article 32(4) of the Order, the court shall ascertain that the accused or each of them has received a copy of the notice and of the documents required to be served on him under Article 32(1) thereof and Rule 33.
(2) The court shall cause the charge to be read to the accused and shall, if necessary, explain its nature in ordinary language.
(3) Where there is more than one charge against an accused, instead of all the charges being read to that accused, if the court is satisfied that the accused is able to read and will not be prejudiced, the court may proceed as follows—
(a) the clerk shall make public the nature of the charges by reading aloud and in full at least one charge in each category of the offence charged;
(b) each of the other charges relating to the same category of offence may then be put to the accused by referring to the number of the charge and adding such other particulars as, without a full reading, may enable the accused to understand the charge and follow it on the copy of the statement of complaint.
(4) The district judge (magistrates’ court) or lay magistrate may at any time cause any charge to be read or read again to the accused.

## 35 ...

(1) The court in proceeding to conduct a preliminary inquiry may require the prosecutor to make an opening statement on behalf of the prosecution for the purpose of presenting the written statements of the witnesses upon whose evidence the complaint or complaints are based before the court further proceeds in accordance with Article 34(1) of the Order to consider such statements and any exhibits or to read aloud the contents of such statements or purport thereof or before proceeding to consider any submissions ... made by the prosecutor or by or on behalf of the accused.
(2) Where at any stage of the inquiry a written statement is admitted in evidence in accordance with Article 33 of the Order the name [ ... ]of the maker of the statement shall be read aloud unless the court in the interests of justice otherwise directs.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) After the court has considered the written statements and admitted as evidence such of them (in whole or in part) as it considers proper and any depositions of witnesses for the prosecution, the charge or charges shall, unless the court has decided not to commit the accused for trial, be again read to the accused or, as the case may be, be drawn to the attention of the accused by reference to the charges as numbered in the statement-of complaint and the court shall inform the accused that he has the right, if he so desires, ... to tender any written statement of a witness which complies with Article 33 of the Order.
(5) Next the court shall address the accused to the following effect—
You are not obliged to say anything in answer to the charge(s) unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence at your trial. Do you wish to say anything in answer to the charge(s)?
(6) Whatever the accused says in answer to the charge or charges shall be taken down in writing on Form 25A, read over to him and signed by the presiding district judge (magistrates’ court) or lay magistrate and, if the accused so wishes, by him.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Immediately after complying with the requirements of this Rule relating to the statement of the accused, and whether or not the accused has made a statement, the court shall ask the accused whether he wishes to tender any written statement of evidence on his behalf which complies with Article 33 of the Order.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) Where the court commits the accused for trial upon a charge other than a charge specified in the statement of complaint, the court shall cause that charge to be put into writing and read to him and inform him that he is so committed.

## 36 Modification of Rules where accused is a corporation

Any reference in these Rules to an accused shall where the accused is a corporation be construed as a reference to the representative of the corporation within the meaning of Schedule 4 to the Order.

## 37 Court may address accused through court official

It shall be sufficient compliance with the provisions of these Rules relating to a preliminary inquiry requiring the court to address the accused (whether in reading the charge, any written statement, asking any questions, giving information, administering a warning or otherwise) for the presiding district judge (magistrates’ court) or lay magistrate to cause the accused to be addressed in the appropriate manner by an official of the court.

## 38 Proof by formal admission

Where under section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 a fact is admitted orally in court by or on behalf of the complainant or any accused for the purpose of a preliminary inquiry the court shall cause the admission to be written down and signed by or on behalf of the party making the admission.

## 39 Written statement of evidence to be in prescribed form and exhibits to be properly identified

(1) Written statements of the evidence of a witness tendered in evidence to a magistrates’ court at a preliminary inquiry shall be in Form 26.
(2) Where such statement refers to any document or object as an exhibit, that document or object shall, wherever possible, be identified by means of a label or other mark of identification signed by the maker of the statement and before the court treats any document or object referred to as an exhibit in such a written statement as an exhibit produced and identified in court by the maker of the statement, the court shall be satisfied that the document or object is sufficiently described in the statement for it to be identified.

## 40 Procedure where court decides not to admit statement or part thereof as evidence

Where the court decides not to admit as evidence any written statement or part thereof tendered in evidence at the preliminary inquiry into any charge against the accused, the presiding district judge (magistrates’ court) or lay magistrate shall announce such decision forthwith and shall thereupon delete such statement or part thereof, and shall write or cause to be written upon such statement or, as the case may be, against that part the words “This statement is not admitted as evidence” or alternatively “The part of this statement herewith deleted is not admitted as evidence” and in either case he shall subscribe his name thereto.

## 41 Authentication of statements, depositions or admissions

The clerk of petty sessions shall authenticate by certificate in Form 27 the written statements admitted in evidence, any depositions and any formal admission made for the purpose of the inquiry.

## 42 Documents and exhibits referred to, etc., at preliminary inquiry to be sent to the court of trial

(1) Within seven days after the close of a preliminary inquiry at which any person is committed for trial, and in any case before the date on which he is to be arraigned, the clerk of petty sessions shall send to the chief clerk ... the following original documents—
(a) the complaint if it is in writing;
(b) the statement of complaint;
(c) where the charge or charges upon which the accused is committed for trial differ from the charge or charges in the complaint or complaints set out in the statement of complaint first read or put to the accused under Rule 34(2), a statement of the charges upon which the accused was committed for trial;
(d) the written statements and any depositions admitted in evidence at the preliminary inquiry;
(e) any formal admission of facts made under section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 for the purpose of the inquiry;
(f) the certificate in Form 27 of the clerk of petty sessions authenticating those statements, depositions or such admissions;
(g) the recognizances of the prosecutor and witnesses (if separate from depositions);
(h) all statements made by the accused before the magistrates’ court;
(i) if the accused is committed for trial on bail, the recognizance of the accused;
(j) any recognizance entered into by any person as surety for the accused;
(k) a certificate of the names [ ... ] of the witnesses who have been, or are treated as having been, bound over to attend the trial conditionally;
(l) subject to paragraph (2), a list in Form 24 of the exhibits, documentary or otherwise, produced or referred to in evidence at the inquiry;
(m) every exhibit lodged in court;
(n) any other relevant document; and
(o) a statement of the dates on which the defendant was remanded before completion of the preliminary inquiry.
(2) Where during the course of a preliminary inquiry the list of exhibits in Form 24 is altered by the addition or omission of any exhibit the clerk of petty sessions shall forward such list with any alterations initialled by him.
(3) Paragraph (1) shall apply to the committal for trial of persons under Article 40 of the Order as if paragraphs (a) to (h) and (1) and (m) were omitted.
(4) Where after a preliminary inquiry the accused is not committed for trial the written statement of the evidence of the witnesses tendered at the inquiry shall be preserved for a period of three years by the clerk of petty sessions.
(5) The court may direct that the written statements required to be read aloud under Article 37(6) of the Order shall be so read by the clerk of petty sessions or other court official.

## 42A Procedure for binding witnesses and prosecutor over to attend trial

(1) Every recognizance under Article 39 of the Order shall be acknowledged and signed by the person entering into the recognizance and signed by the district judge (magistrates’ court) or lay magistrate.
(2) The recognizance may be on a separate form or at the foot of the deposition at the discretion of the court.

## 42B Supply of depositions and complaint to the accused

The person having custody of depositions on which any person has been committed for trial shall, as soon as practicable after the application is made to him by or on behalf of the accused, supply to the accused one copy of the depositions and, if the complaint is in writing, of the complaint.

## 43 Conditions to be complied with before preliminary ... inquiry

Where an adult is charged with an indictable offence specified in Schedule 2 to the Order, a lay magistrate (other than a district judge (magistrates’ court)) shall not proceed to conduct a ... preliminary inquiry unless he is informed that—
(a) the prosecutor will not in any event consent to summary trial of the charge under Article 45 of the Order; or
(b) a district judge (magistrates’ court) has decided that it is not expedient to deal with the charge summarily.

## 44 Written notice under Article 45(1) of the Order

(1) The written notice to be given to the accused under Article 45(1) of the Order may be served on him together with or contained in a summons alleging the offence or, if he is arrested, given to him as soon as practicable after he is formally charged with the offence after arrest.
(2) Where the prosecutor informs the court that he does not object to the charge being dealt with summarily, the court shall not deal summarily with any offence specified in Schedule 2 to the Order until the expiration of twenty-four hours after the notice under Article 45(1) of the Order is given to the accused, unless a written waiver such as is referred to in the said Article 45(1) of the Order waiving the requirement of the twenty-four hours’ notice under the said Article 45(1) has been signed by the accused and handed to the court and the court is satisfied in accordance with Rule 45(4) and (5) that the accused understands that he has the right to be tried [ by a jury at the Crown Court and appreciates the meaning of such right including the circumstances in which a trial at the Crown Court may be heard by a judge sitting without a jury.]
(3) Where the prosecutor informs a district judge (magistrates’ court) or lay magistrate having jurisdiction to conduct a ... preliminary inquiry that the proceedings against the accused are to be taken on indictment, nothing in this Rule or Rule 43 shall operate so as to require proof that the said notice has been given to the accused.

## 45 Procedure where court decides to deal with an indictable offence summarily under Article 45 of the Order

(1) The procedure shall, until the district judge (magistrates’ court) assumes the power to deal with the offence summarily, be the same in all respects as if the offence were to be dealt with, throughout as an indictable offence.
(2) The evidence of any witness (other than a witness whose written statement has been admitted in evidence at a preliminary inquiry under Article 33 of the Order) taken before the district judge (magistrates’ court) assumed such power need not be taken again, but every such witness shall, if the accused or the prosecutor or his counsel or solicitor so require, be recalled for the purpose of cross-examination.
(3) From and after the time when the district judge (magistrates’ court) assumes the power to deal with the offences summarily (subject to the remaining provisions of this Rule) the procedure before and powers exercisable by the district judge (magistrates’ court) shall be the same as in the hearing of a complaint charging a summary offence.
[(4 The district judge (magistrates’ court) shall, after deciding that it is expedient to deal with the case summarily, cause the charge to be read to the accused and, if he considers it desirable, explain the meaning of the case being dealt with summarily and of committing an accused for trial by jury at the Crown Court. Such explanations shall include a statement as to the Crown Court at which the accused may be tried and the circumstances in which a trial at the Crown Court may be heard by a judge sitting without a jury.]
[(5 The district judge (magistrate’s court)] shall next address the accused as follows—
Do you wish to be tried at the Crown Court, or do you consent to the case being dealt with summarily?
and if the accused consents to be dealt with summarily, the district judge (magistrate’s court) shall ask him “Do you plead guilty or not guilty?”]
(6) [ ... ]
(7) [ ... ]
(8) The district judge (magistrates’ court) may instead of giving the explanation required by [ paragraph (4)] or addressing the accused, as would otherwise be required by [ paragraph (5)], cause such explanation to be given or the accused to be addressed in open court in the appropriate manner by an official of the court and that course shall be sufficient compliance with this Rule.

## 46 Conviction of offence other than that charged where indictable offence dealt with summarily

Where a district judge (magistrates’ court) in exercise of the power conferred by Article 46(3) of the Order, having dealt summarily with a charge for an indictable offence, convicts the accused of an offence in the alternative to that charged, an entry to that effect shall be made in the Order Book and specifying the alternative offence of which he was convicted.

## 47 Preservation of depositions where indictable offence is dealt with summarily

Where a person charged with an indictable offence has been tried summarily under Article 45 of the Order by a district judge (magistrates’ courts), the clerk of petty sessions shall preserve for a period of at least three years such depositions as have been taken or admitted.

## 48 Taking of depositions under Article 28 or 41 of the Order

(1) Where an application for the taking of the deposition of a person under Article 28 or Article 41 of the Order is granted by a district judge (magistrates’ court) or lay magistrate, such district judge (magistrates’ court) or lay magistrate shall cause to be served in such manner as he may direct on the accused and the prosecutor a notice in writing specifying where and when the deposition is to be taken.
(2) Where a person in prison custody has received a notice under paragraph (1) the governor of the prison in which the person is confined shall cause him to be conveyed to the place mentioned in the notice for the purpose of being present at the taking of the deposition and sub-section (3) of section 16 of the Prison Act (Northern Ireland) 1953 shall apply to a person who is so conveyed as though the Secretary of State had made a direction under sub-section (1) of that section.
(3) The district judge (magistrates’ court) or lay magistrate taking the deposition shall sign it and attach thereto a statement of his reason for taking it and of the day when and the place where it was taken and of the names of the persons, if any, present at the taking thereof.
(4) The district judge (magistrates’ court) or lay magistrate taking the deposition shall cause it to be transmitted with his statement under paragraph (3)—
(a) if the deposition is taken under Article 41 of the Order and relates to an offence for which the accused is already committed for trial, to the chief clerk ...; or
(b) in any other case, to the clerk of petty sessions.

## 49 Remand for inquiry into physical or mental condition

On exercising the powers conferred by Article 51 of the Order in remanding a person for a report on his mental or physical condition a magistrates’ court shall—
(a) where the person is remanded, in custody, send to the place to which he is committed; and
(b) where the person is released on bail, send to the hospital or place at which, or the person by whom, he is to be examined,
a statement of the reasons for which the court is of opinion that an inquiry ought to be made into his physical or mental condition, and any information before the court about his physical or mental condition.

## 50 Remand 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

Where the court, with a view to a person’s being remanded on bail under Article 47(4) of the Order for a period exceeding eight days or, where Article 47(3) of the Order applies, 28 days, has fixed the amount of the recognizances to be taken for that purpose but commits that person to custody because the recognizances of the sureties have not yet been taken, the warrant of commitment shall direct that such person be brought before the court at the end of the period or at such earlier time as may be specified in the warrant, unless in the meantime the sureties have entered into their recognizances.

## 51 Accused to be told of his right to apply to High Court or Crown Court for bail

(1) Where a magistrates’ court remands a person in custody it shall inform him of his right (where such right exists) to apply for bail to the High Court.
(2) Where a magistrates’ court commits a person for trial in custody it shall inform him of his right (where such right exists) to apply for bail to the Crown Court or the High Court.

## 52 Formal admissions under section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968

Without prejudice to Rule 38 where under section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 a fact is admitted orally in court by or on behalf of the prosecutor or the accused for the purposes of any criminal proceedings before a magistrates’ court, the court shall cause the admission to be written down and signed by or on behalf of the party making the admission.

## 52A Applications under Article 37(6) and (7) of the Road Traffic Offenders (Northern Ireland) Order 1996

(1) In this rule and Rules 52B and 52C-
(a) “the Offenders Order” means the Road Traffic Offenders (Northern Ireland) Order 1996;
(b) “course organised” and “supervising court” have the meanings assigned to them by Article 38(2) of the Offenders Order.
(2) An application to the supervising court under Article 37(6) or (7) of the Offenders Order shall be made in Form 122 within 28 days of the date specified in the order under Article 36(2) of the Offenders Order in respect of the applicant’s period of disqualification.
(3) The application shall be served on the clerk of petty sessions and on the course organiser and in the case of an application under Article 37(6) of the Offenders Order shall be accompanied by the notice under Article 37(5) of the Offenders Order.
(4) On being served with such an application, the clerk of petty sessions shall fix a date and time for the hearing of the application and notify the applicant and course organiser of the date and time so fixed.
(5) If the applicant or the course organiser fails to appear or be represented at the hearing of the application without reasonable excuse, the court may adjourn the hearing or decide the application in his absence.

## 52B Notice of order under Article 27 of the Offenders Order

Where the court makes an order under Article 27 of the Offenders Order that a defendant shall inform the court of his date of birth or sex or both and the defendant is not present in court, the clerk of petty sessions shall serve notice of that order on the defendant in Form 123.

## 52C Application for removal of disqualification

(1) Part VII of the Order and Part V of these Rules shall apply to an application under Article 47 of the Offenders Order for an order removing a disqualification for holding or obtaining a licence.]

## 52D [ Applications and procedures under the Crime (International Co-operation) Act 2003

In this rule and rules 52E to 52M—
(a) “the Act” means the Crime (International Co-operation) Act 2003;
(b) “process” has the same meaning as in section 51(3) of the Act;
(c) “relevant proceedings” means proceedings under Part 1 or Part 2 ... of Schedule 2 to the Act; and
(d) “external court” or “external authority” means the court or authority from which a request under section 30 or 31 ... of the Act is received.]

## 52E Notice required to accompany process served outside the United Kingdom

(1) The notice which by virtue of section 3(4)(b) of the Act shall accompany any process served outside the United Kingdom shall give the information specified in paragraphs (2) and (4).
(2) The notice shall—
(a) state that the person required by the process to appear as a party or attend as a witness may obtain information about his rights in connection with such requirement from the relevant authority; and
(b) give the particulars specified in paragraph (4) about that authority.
(3) The “relevant authority” where the process is served—
(a) at the request of the prosecuting authority, is that prosecuting authority;
(b) at the request of the defendant, or of the prosecutor in the case of a private prosecution, is the court by which the process is served.
(4) The particulars referred to in paragraph (2) are—
(a) the name and address of the prosecuting authority or, as the case may be, the court, together with its telephone and fax numbers and e-mail address;
(b) the name of a person at the prosecuting authority or, as the case may be, the court who can provide the information referred to in paragraph (2)(a), together with his telephone and fax numbers and e-mail address.
(5) Where section 3(3) of the Act applies, the clerk of petty sessions shall require any process served outside the United Kingdom to be accompanied by—
(a) any translation which is provided under section 3(3)(b) of the Act; and
(b) any translation of the information required to be given by this Rule which is provided to him.

## 52F Proof of service outside the United Kingdom

(1) The service on any person under section 4(1) of the Act of any process issued or made may be proved in any proceedings by a certificate given by or on behalf of the Secretary of State.
(2) A statement in any such certificate as is mentioned in paragraph (1)—
(a) that a process has been served;
(b) of the manner in which service was effected;
(c) of the date on which a process was served,
shall be admissible as evidence of any facts so stated.”]

## 52G [ Notice of application for request for assistance

(1) An application under section 7(1) of the Act (request for assistance in obtaining evidence abroad) shall, subject to paragraph (2), be made by giving notice in writing to the clerk of petty sessions and shall—
(a) state the particulars of the offence which it is alleged has been committed or the grounds upon which it is suspected that an offence has been committed;
(b) state whether proceedings in respect of the offence have been instituted or the offence is being investigated; and
(c) include particulars of the assistance requested in the form of a draft request for assistance.
(2) The court may direct that paragraph (1) need not be complied with if it is satisfied that the applicant has good reason to make the application as soon as possible and it is not practicable to comply with that paragraph.

## 52GA Notice of application for a domestic freezing order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 52GB Variation or revocation of a domestic freezing order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 52H Proceedings before a nominated court

In proceedings before a nominated court pursuant to a notice under section 15(1) of the Act, the court may—
(a) determine who may appear or take part to the proceedings under Schedule 1 of the Act, and whether a party to the proceedings is entitled to be legally represented; and
(b) if it thinks it necessary to do so in the interests of justice, direct all or any person not being members or officers of the court or parties to the proceedings, their solicitor or counsel, or other persons directly connected with proceedings, be excluded from the court during the proceedings.

## 52I Record of proceedings before a nominated court

(1) In proceedings before a court nominated pursuant to a notice under section 15(1) of the Act, the court shall make a record of the evidence received by the court and the information prescribed in paragraph (2).
(2) The information referred to in paragraph (1) is—
(a) details of the request in respect of which the notice under section 15(1) was given;
(b) the date on which, and place at which, the proceedings under Schedule 1 in respect of that request took place;
(c) the name of any witness who gave evidence at the proceedings in question;
(d) the name of any person who took part in the proceedings as a legal representative or as an interpreter;
(e) whether a witness was required to give evidence on oath or after making a solemn affirmation; and
(f) whether the opportunity to cross-examine any witness was refused.
(3) When, under paragraph 6(1) of Schedule 1 to the Act, the court sends the evidence received by it to the court or authority that made the request, or to the territorial authority for forwarding to the court or authority that made the request, the clerk of petty sessions shall send to the court, authority or, as the case may be, territorial authority a copy of an extract of so much of the record as relates to the proceedings in respect of the request.
(4) Proceedings before a court nominated pursuant to a notice under section 15(1) shall be heard at an appropriately equipped venue to allow for the recording of evidence.

## 52IA Consideration of an overseas freezing order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 52IB Release of evidence subject to an overseas freezing order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 52J Interpreter for the purposes of proceedings involving a television or telephone link

(1) This rule applies where the court nominated under section 30(3) (hearing witnesses in the UK through television links) ... is a magistrates’ court.
(2) Where it appears to the clerk of petty sessions that the witness to be heard in the relevant proceedings is likely to give evidence in a language other than English, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into English.
(3) Where it appears to the clerk of petty sessions that the witness to be heard in the relevant proceedings is likely to give evidence in a language other than that in which the external court will be conducted, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into the language in which the proceedings of the external court will be conducted.
(4) Where the evidence in the relevant proceedings is given in a language other than English and is not translated into English by an interpreter, the court shall adjourn the proceedings until such time as an interpreter can be present to provide a translation into English.

## 52K Record of proceedings by television link before a nominated court

(1) In proceedings before a court nominated pursuant to a notice under section 30(3), the court shall make a record of the evidence given in the presence of the court and the information prescribed in paragraph (2).
(2) The information referred to in paragraph (1) is—
(a) details of the request in respect of which the notice under section 30(3) was given;
(b) the date on which, and the place at which the proceedings under Part 1 of Schedule 2 in respect of the request took place;
(c) the technical conditions, such as the type of equipment used, under which the proceedings took place;
(d) the name of the witness who gave evidence;
(e) the name of any person who took part in the proceedings as a legal representative or as an interpreter; and
(f) the language in which the evidence was given.
(3) As soon as is reasonably practicable after the proceedings under Part 1 of Schedule 2, the clerk of petty sessions shall send to the external authority that made the request a copy of an extract of so much of the record as relates to the proceedings in respect of that request.
(4) Proceedings before a court nominated pursuant to a notice under section 30(3) shall be heard at an appropriately equipped venue to allow for the recording of evidence.

## 52L Record of proceedings by telephone link before a nominated court

(1) In proceedings before a court nominated pursuant to a notice under section 31(4), the court shall make a record of the evidence given in the presence of the court and the information prescribed in paragraph (2).
(2) The information referred to in paragraph (1) is—
(a) details of the request in respect of which the notice under section 31(4) was given;
(b) the date on which, and place at which, the proceedings under Part 2 of Schedule 2 took place;
(c) the names of the witnesses who gave evidence;
(d) the name of any person who took part in the proceedings as a legal representative or as an interpreter; and
(e) the language in which the evidence was given.
(3) As soon as is reasonably practicable after the proceedings under Part 2 of Schedule 2, the clerk of petty sessions shall send to the external authority that made the request a copy of an extract of so much of the record as relates to the proceedings in respect of that request.
(4) Proceedings before a court nominated pursuant to a notice under section 31(4) shall be heard at an appropriately equipped venue to allow for the recording of evidence.

## 52M Restriction on access to records kept under Rules 52I, 52K and 52L

(1) The records kept under Rules 52I, 52K and 52L shall not be open to inspection by any person except—
(a) as authorised by the Secretary of State; or
(b) with the leave of the court.”]

## 52N Assistance with communication for a defendant who does not speak English or who has a hearing or speech impediment

(1) In this Rule—
(a) references to a defendant who needs interpretation mean—
(i) a defendant who needs interpretation because he does not speak or understand English; or
(ii) a defendant who needs assistance because he has a speech or hearing impediment;
(b) where a defendant has a hearing or speech impediment, references to an interpreter include a person appointed—
(i) to communicate to the defendant anything said at the hearing and explain it so far as is necessary for the defendant to understand it; or
(ii) to communicate any answers given by the defendant, and any other matters that the defendant seeks to convey, and explain them so far as is necessary to enable the court and others present at the hearing to understand them,
and references to interpretation shall be construed accordingly;
(c) references to acting at a hearing include assisting the defendant to communicate with his legal representative during the hearing and in relation to such assistance, paragraph (1)(b)(ii) has effect as if the reference to the court and others present at the hearing were to the legal representative.
(2) Where a defendant who needs interpretation is due to be present at a hearing, the clerk of petty sessions shall appoint an interpreter to act at the hearing unless another organisation is responsible for appointing an interpreter to act at that hearing.
(3) Before an interpreter begins to act at a hearing, an oath or affirmation shall be administered to the interpreter.
(4) Before an interpreter is sworn or makes his affirmation, the interpreter’s name shall be read out and any party to the proceedings may object to the interpreter on any reasonable ground.
(5) If the court upholds an objection made under paragraph (4), the interpreter shall not be sworn or make his affirmation and the clerk of petty sessions shall appoint another interpreter.
(6) Where, on application or of its own motion, the court is satisfied that a document is essential, it shall order that a written translation of the document, or a relevant passage thereof, is provided to a defendant who needs interpretation unless—
(a) the defendant unequivocally and voluntarily waives his right to translation and has had legal advice or otherwise has full knowledge of the consequences of such a waiver; or
(b) provision of an oral translation or oral summary of the document, or the passage thereof, would not prejudice the fairness of the proceedings.
(7) On application, the court may give any direction which it considers appropriate where—
(a) no interpreter has been appointed;
(b) on a previous application under paragraph (6), the court determined that there was no need for translation of the document, or a passage thereof, specified in the application; or
(c) the defendant submits that the quality of interpretation or translation is not sufficient to safeguard the fairness of the proceedings.
(8) The clerk of petty sessions shall record—
(a) the identity of any interpreter appointed to act at a hearing;
(b) any decision to provide an oral translation or oral summary of an essential document or a passage thereof;
(c) any waiver by a defendant of his right to written translation; and
(d) any direction given under paragraph (7)]

### L. THE CRIMINAL JUSTICE (EUROPEAN INVESTIGATION ORDER) REGULATIONS 2017

## 52O Interpretation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 52P Application for European investigation order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 52Q Variation or revocation of a European investigation order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## Part IV: DEBT AND EJECTMENT PROCEEDINGS

## 53 Definitions

In these Rules the following expressions have the meanings hereby assigned to them:—
“debt proceedings” or “ejectment proceedings”, where necessary, include proceedings for the enforcement of orders made in such proceedings;
“formal order” refers to the document issued by the court and includes a decree, a dismiss, an order under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 and an attachment of earnings order under Article 99 of the said order;
“process” includes an application for a duplicate of an order, and (save as expressly accepted by Rules 58 and 60) an enforcement or committal process under Articles 106 to 110 of the said Order of 1981.

## 54 Time and issue of process

A process shall be deemed to have been issued when it has been stamped, signed, and handed or sent by post to a summons server or to such other person as may be authorised to serve it, or to the clerk of petty sessions ... for a delivery to a summons server or when service is effected in accordance with Rule 60.

## 55 Signature on process

Every process and every copy thereof for service shall be signed by the plaintiff or by his solicitor or firm of solicitors, or in the name of such solicitor by some person duly authorised to sign.

## 56 Times of hearing of processes

Processes shall be issued for hearing at such sittings of the court of summary jurisdiction as may from time to time be directed by the district judge (magistrates’ courts) ....

## 57 Costs of process to be stated

(1) The amount of the costs of a process payable to the defendant if the claim is paid or, if possession of the premises the recovery of which is sought is surrendered before entry day as provided by Rule 66, shall be stated on the face of the process. If the amount of the claim is paid or if possession is surrendered and such costs are so paid before entry day the proceeding shall be stayed.
(2) The amount of the costs payable where the claim is paid or possession is surrendered of both, as the case may be, before entry day in accordance with this Rule shall be either fifty per centum of the solicitor’s costs in column (2) in Table 1 of Schedule 2 or of the solicitor’s costs in column (1) in Table 1 of Schedule 3, as appropriate, together with the plaintiff’s outlay properly incurred to date of settlement.
(3) Where proceedings for arrears of rent or for sums due under Article 69 of the Order are joined with a claim for the recovery of the premises, the appropriate Table is that applicable to ejectment proceedings.

## 58 Modes of service of process

(1) Except where otherwise provided by these Rules service of a process shall be effected—
(a) by delivering to the defendant personally a true copy thereof; or
(b) subject to paragraph (2), by leaving a true copy thereof for the defendant at his usual or last known place of abode or at his place of business with some person apparently over the age of sixteen years.
(2) Sub-paragraph (b) of paragraph (1) shall not apply to the service of an enforcement process or a committal process.
(3) Without prejudice to paragraph (1), a process in ejectment proceedings may be served on the tenant and on any person in actual possession or occupation of the land or premises.
(4) If for any reason service of a process issued in ejectment proceedings cannot be effected in accordance with paragraphs (1) or (3), such process may be deemed to be served if a true copy thereof is affixed to some conspicuous part of the premises.
(5) The provisions of this Rule shall be in addition to and not in derogation of the provisions of any enactment authorising the service of documents in any proceedings upon any person or body.

## 59 Persons entitled to serve processes

(1) Subject to paragraph (2) and to Rules 60 and 130(2) no person other than a summons server for the administrative court division in which proceedings are brought or in which the defendant resides shall have authority to serve a process.
(2) Where in any such division a summons server is absent or unable to carry out his duties through illness or other cause, or when the office of summons server is vacant, a process may be served by some other person, if permission for such other person to serve the process has been given by a district judge (magistrates’ court) or by the clerk of petty sessions and has been endorsed or signed by him on the original process.
(3) Nothing in this Rule shall affect the provision of section 60 of the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972.

## 60 Special mode of service

(1) Notwithstanding anything in Rules 58 and 59 where—
(a) it is made to appear to a district judge (magistrates’ court) or clerk of petty sessions that a process cannot be served because the defendant is evading service or admission cannot be gained to his residence or business premises or it is not reasonably practicable to serve the process otherwise, he may give permission by an endorsement signed by him on the original process for service to be affected by registered post or by the recorded delivery service or in such other manner as may seem to him appropriate or sufficient and such service shall be deemed to be sufficient service; or
(b) a solicitor represents that he is authorised to accept service of a process on behalf of any defendant, such service may be effected by the delivery by any person of a copy of the process to that solicitor provided that the solicitor endorses and signs on the original a memorandum stating that he is so authorised as aforesaid and that he accepts service accordingly.
(2) This Rule shall not apply to the service of an enforcement process or a committal process.

## 61 Time for service

In all cases service of a process shall be effected at least ten days before the date of hearing.

## 62 Summons server’s Process Book

(1) A summons server shall keep a book (called a Process Book) in which he shall enter the names of the parties to any process handed to him for service, with the date on which he receives it and the date and place of service and the manner in which he has served it.
(2) In any case in which a process has not been duly served, the summons server shall enter the cause of non-service in the Process Book.
(3) The summons server shall endorse upon the original of each process he has served the date, place and manner of service, and sign the endorsement.
(4) The summons server shall lodge his Process Book with the clerk of petty sessions and, except where the court allows proof of the service of a process by affidavit [ or certificate in Form 111A] in accordance with Article 126 of the Order or where a district judge (magistrates’ court) otherwise directs, shall attend at each sitting of a court of summary jurisdiction for the hearing of processes served by him and produce his Process Book or give evidence as to service, as may be directed by the court.
(5) In the case of the death, illness, or unavoidable absence of a summons server form a sitting of a court at which he would otherwise be required to attend, his Process Book, if produced to the court and verified on oath as to his handwriting by some creditable person, shall be prima facie evidence of any matter entered therein.

## 63 Person other than summons server to prove service

In any case where a process is served by a person other than summons server, except as provided by Rule 60(1)(b), that person shall endorse upon the original the date, place and manner of service and affix his signature thereto and shall also, unless proof of service is given by affidavit [ or certificate in Form 111A] in accordance with Article 126 of the Order, attend the sitting of the court at which the process is to be heard, and give such evidence as to the date, place and manner of service as the court may require.

## 63A [ Receipt of certificate of service of process in evidence

Any document purporting to be given as a certificate in Form 111A shall be received in evidence and shall be deemed to be duly made until the contrary is shown.]

## 64 Service deemed good

A district judge (magistrates’ court) may in any case declare the service of a process however effected sufficient.

## 65 Process Register and extract therefrom

(1) The clerk of petty sessions shall keep a register (to be called the Process Register) in which he shall make the entries relating to each proceeding as specified by the headings to the columns in the register.
(2) Separate Process Registers shall be kept for debt and ejectment proceedings and are referred to in these Rules as “The Debt Process Register” or “The Ejectment Process Register”, respectively.
[(3 The Process Register shall be signed at the foot of each page by the district judge (magistrates’ court) who had adjudicated upon the proceedings entered thereon or, where he is unavailable, by the clerk of petty sessions, provided that:
(a) where a page contain records of proceedings heard on more than one date it shall be signed either by the appropriate district judge (magistrates’ court) or, where he is unavailable, by the clerk of petty sessions at the last entry on each date; or.
(b) where a page contains records of proceedings heard by more than one district judge (magistrates’ court) it shall be signed either by the appropriate district judge (magistrates’ court) at the last entry of any proceedings heard by him or, where he is unavailable, by the clerk of petty sessions.]
(4) Any person who satisfies a district judge (magistrates’ court) or a clerk of petty sessions that he has a bona fide interest in the matter may obtain from the clerk of petty sessions, upon payment of the prescribed fee, a memorandum of a proceeding entered in the Process Register.

## 66 Entry of process

(1) When it is desired to enter or re-enter a process for hearing, the plaintiff or his solicitor shall lodge the original with the clerk of petty sessions on or before the entry day and details of such process shall be entered into the Process Register and where the hearing is adjourned or after the court has made an order in favour of the plaintiff the process shall be returned to the plaintiff or his solicitor.
(2) For the purposes of Rule 57 and of this Rule the entry day shall be the fourth day before the hearing; but when such day is a Saturday, Sunday or a public holiday, the entry shall be made on the previous week-day other than Saturday.

## 67 Re-entry of process where hearing adjourned

(1) Where the hearing of a debt or ejectment proceeding is adjourned the court shall not continue with the proceeding until the process is re-entered in accordance with Rule 66.
(2) Where the court in the absence of the defendant or his solicitor adjourns the proceedings, the plaintiff or his solicitor shall notify the defendant or his solicitor of the fact the the process has been re-entered and of the time and place of the adjourned hearing.

## 68 Striking out of proceeding

The entry of the words “Struck Out” in the Process Register shall be a sufficient record of the striking out of a proceeding under Article 73(3) of the Order.

## 69 Withdrawal of proceeding

Where the court acting under Article 73(4) of the Order allows a proceeding to be withdrawn the word “Withdrawn” shall be entered in the appropriate column of the Process Register.

## 70 Order on consent where defendant appears

(1) In a proceeding in which a defendant appears and admits that the amount stated in the process is due by him, or agrees to surrender possession of the premises sought to be recovered by the plaintiff and to pay any rent or arrears of rent which may be due to the plaintiff, the court may without hearing evidence make an order against him for the amount or for recovery of possession with costs and in doing so may postpone the issue of the decree in accordance with Article 116 of the Order for such period and upon such terms as it thinks fit.
(2) Where the plaintiff does not appear before the court in person an order shall be made under this Rule only where the plaintiff’s solicitor or counsel is present and applies for it to be made.

## 71 Order on written consent

If a defendant in the presence of a solicitor or his apprentice or clerk has signed a document consenting to an order, other than a committal order, being made against him, the court may make such order with costs upon such proof of the defendant’s signature to the consent as the court may require.

## 72 Undefended proceedings

For the purposes of these Rules a claim in debt or ejectment proceedings shall be treated as undefended where—
(a) the defendant fails to appear and the court, after proof of service of the process, makes an order against him; or
(b) where an order is made on the consent of the defendant; or
(c) the court so directs.

## 73 Order where more than one defendant

(1) In a proceeding in which two or more persons are named as defendants in a process, the court may make an order for payment of the amount claimed or for the recovery of possession of premises sought to be recovered against one or more of these persons, and strike out, dismiss, or allow to be withdrawn the proceeding against the remainder.
(2) Where a proceeding is dismissed under this Rule, the court may order that any costs awarded on the dismiss, and which the plaintiff is liable to pay, shall be recovered by way of recoupment by the plaintiff from the defendant or defendants against whom an order is made, in addition to the plaintiff’s costs of the order.

## 74 Dismiss

Where the court dismisses a claim upon the merits or without prejudice to a further claim in the same matter, the court shall so state by its formal order and the entry of the words “Dismissed on the Merits” or, as the case may be, “Dismissed Without Prejudice” in the appropriate Process Register shall be a sufficient record of the order.

## 75 Procedure where previous dismiss is produced

Where in a proceeding a defendant produces a dismiss without prejudice obtained by him against the plaintiff for the same cause of action, the plaintiff shall not be at liberty to proceed until he has paid to, or satisfied the defendant for the amount for costs shown in such dismiss.

## 76 Where process not entered by plaintiff it may be entered on application of defendant

(1) Where a process which has been duly served has not been entered or re-entered for hearing by the plaintiff or his solicitor, the defendant or his solicitor may, on the day of the hearing, lodge in court the copy served on the defendant and apply to have it entered or re-entered as the case may be.
(2) Upon such an application the court may order the process to be entered or re-entered and dismiss the claim without prejudice to a further claim in the same matter, with costs.

## 77 Preparation of forms in debt or ejectment proceedings

(1) The party who brings the proceedings, or his solicitor, shall be responsible for the preparation of the process and all copies required for service.
(2) The party in whose favour an order is made in a proceeding, or his solicitor, shall be responsible for the preparation of the formal order to be issued by the court.
(3) The proper officer for the purposes of Article 116(3) of the Judgments Enforcement (Northern Ireland) Order 1981 shall be the clerk of petty sessions and, when an attachment of earnings order under Article 99 or an enforcement order or a committal order under Article 107 of that Order is lodged with the clerk, a duplicate of the formal order shall be attached thereto which, when signed in accordance with Rule 79(1), shall be transmitted to the Enforcement of Judgments Office in accordance with the said Article 116(3).

## 78 Disposal of process

(1) A plaintiff in whose favour an order has been made shall lodge the original process with the clerk of petty sessions when the form of the formal order is handed to the clerk who shall return the process to the plaintiff or his solicitor together with the formal order.
(2) Where a process has been entered or re-entered by the plaintiff for hearing and upon the hearing the court orders a dismiss, the defendant or his solicitor shall lodge the copy of the process served on him with the clerk of petty sessions when the form of the formal order is handed to the clerk who shall return it to the defendant or his solicitor together with the formal order.
(3) A copy process entered or re-entered by the defendant or his solicitor in accordance with Rule 76 and in respect of which a dismiss without prejudice with costs has been obtained, may be returned to the defendant or his solicitor for the purpose of preparing the formal order and shall otherwise be dealt with as an original process under paragraph (1).

## 79 Signing of formal orders in debt or ejectment proceedings

(1) A formal order issued by the court shall be signed by the resident magistrate who made the order or by some other resident magistrate or by the clerk of petty sessions.
(2) A formal order shall be deemed to be issued on the earliest day it may lawfully be issued whether or not in fact it is actually issued on that day and such day shall be entered on the formal order as the date of issue.

## 80 Transfer of proceedings to county court

Where the court orders proceedings to be transferred to the county court under Article 75 of the Order it shall cause the clerk of petty sessions to transmit forthwith the original process and any notice of set-off or counterclaim or other document lodged in court in relation to the matter, together with a statement of the reasons for the transfer, to the county court, and, at the same time, to send all parties to the proceeding notice in writing of the transfer.

## 81 Enlargement or abridgement of times

The court may, upon such terms as it thinks fit, enlarge or abridge any of the times fixed by these Rules for taking any step or doing an act in debt or ejectment proceedings, or declare any step taken or act done to be sufficient even though not taken or done within the time or manner prescribed by the Rules.

## 82 Effect of non-compliance with Rules

(1) Non-compliance with any of the Rules in this Part shall not render any proceeding void, but, in case of such non-compliance, the court may direct that the proceeding be treated as void, or that it may be set aside in part as irregular, or that it be amended or otherwise dealt with in such manner or upon such terms as the court thinks fit.
(2) The clerk of petty sessions shall make a note of any ruling under paragraph (1) in the appropriate Process Register.
(3) When the court directs that the proceeding be treated as void, it shall have power to award, if it thinks fit, such costs as it could have awarded if it had dismissed the proceeding.

## 83 Claims for rent joined under Article 72(3) of the Order with claims in ejectment

In a proceeding in which a claim for rent or sums due under Article 69 of the Order is joined to a claim for the recovery of premises in accordance with Article 72(3) of the Order so much of Rules 85 to 90 as is applicable shall have effect in relation to the proceeding.

## 84 Contents of process in debt proceedings

(1) A process issued in debt proceedings shall set forth the full name and address of the plaintiff and of the defendant, the nature and amount of the claim and reasonable particulars thereof.
(2) Where an amount is abandoned under Article 64 of the Order in order to bring the sum claimed within the jurisdiction of a court of summary jurisdiction, there shall be inserted in the process a statement of the fact of such abandonment after the particulars of claim.
(3) Two or more causes of action may be joined in the same process, provided that the amount claimed in respect of each such cause be stated in the particulars of claim and, except in cases to which Article 62(2) of the Order applies, the total amount does not exceed £100.
(4) In a proceeding brought for a sum exceeding £100 the process shall state the enactment declaring such sum to be a debt or civil debt recoverable summarily.
(5) In a proceeding on a bill of exchange, promissory note, or other security for money, the process shall state the date of such security, the sum for which it was given, the parties thereto, the sums claimed to be due thereon for principal and interest respectively, and the times at which such sums respectively became due and payable.
(6) In a proceeding for rent, or for use and occupation, the process shall state the amount claimed, the time up to which the amount is alleged to be due and the situation of the lands or premises in respect of which the claim is made, and when brought upon a lease or other instrument, the date thereof and the parties thereto respectively.
(7) In a proceeding brought by an assignee of a debt, the process shall state the name and the description of the assignor, and the nature and date of the assignment.
(8) In a proceeding brought upon any written document not mentioned before in this Rule, the process shall state the date and nature of the document, and the parties thereto.

## 85 Set-off or counterclaim

(1) Where a defendant desires to set-off any sum, or to make any counterclaim, he shall give to the plaintiff notice in writing specifying the amount of the set-off or counterclaim and giving reasonable particulars thereof at least six days before the hearing, and shall also at least two days before the hearing lodge a copy of such notice with the clerk of petty sessions.
(2) Where an amount is abandoned under Article 64 of the Order in order to bring the sum specified in the notice of set-off or counterclaim within the jurisdiction of a court of summary jurisdiction there shall be inserted in the said notice a statement of the fact of such abandonment after the particulars of the set-off or counterclaim.

## 86 Details of claim, set-off or counterclaim may be demanded

(1) A defendant who desires to be supplied with further or detailed particulars of a claim made against him in a process or a plaintiff who desires similar particulars of a set-off or counterclaim may give written notice demanding such particulars.
(2) A notice under this Rule shall be given at least four days before the date of hearing.
(3) Where particulars have not been furnished in compliance with this Rule the court may either proceed with the hearing or may, upon such terms as it thinks fit, adjourn the case and order such particulars to be delivered.

## 87 Order where debt paid before hearing

(1) Where a defendant has paid the amount claimed in a process before the date of hearing, but has not paid the appropriate costs up till the date of payment, the court may make an order for the payment of the amount in the process with the costs, and direct that credit be given to the defendant for the amount paid.
(2) Where a claim in debt proceedings is not defended, evidence by the solicitor for the plaintiff that the full amount claimed has been received from the defendant after the issue of the process may be accepted as evidence that the amount claimed was due from the defendant at the time the process was issued.

## 88 Order where payments made on account before hearing

Where a defendant, subsequent to the issue of a process but before the hearing, makes any payment on account of the amount claimed which would have the effect of reducing it to an amount which would carry a smaller sum for costs than the amount claimed, the court may, upon proof of the date of such payment, make an order for the payment of the amount proved to be due at the issue of the process, with the appropriate costs, and direct that credit be given to the defendant for any sum paid.

## 89 Dismiss on proof of set-off or counterclaim

Where a dismiss is given by reason of the defendant establishing a set-off or counterclaim, that reason shall be stated on the dismiss.

## 90 Tender

(1) Where the defence is a tender before action brought, such defence shall not be available unless the defendant lodges with the clerk of petty sessions, at least two days before the hearing, the amount alleged to have been tendered and serves notice of such lodgment on the plaintiff.
(2) At the time of the making of an order in a proceeding where the amount of the tender has been lodged with the clerk, the court shall in addition order that the amount lodged be paid out to the parties upon such conditions and in such manner as it may think fit.

## 91 Issue of decree after postponement subject to payment by instalments

Where the court has postponed the issue of a decree subject to terms imposed under Article 116 of the Order, whether as to payment of sums periodically or otherwise, the decree shall not issue until there has been default in compliance with such terms (which includes in relation to such payment, default in payment of an instalment) and an affidavit or statutory declaration setting out particulars of the default has been lodged with the clerk of petty sessions.

## 92 Costs in debt proceedings

(1) Costs of the amount set forth in the appropriate scale in Schedule 2 shall be recovered by a successful party in debt proceedings who has been represented by a solicitor or by a solicitor who is a successful party.
(2) An amount corresponding to the fixed value of stamps upon documents issued on behalf of a successful party in debt proceedings, together with any witnesses’ expenses and any fixed fee paid by him to a summons server or other person for the service of a process shall be added to the costs awarded to him under paragraph (1) and shall form part of his costs in the proceedings.
(3) The court shall award by way of costs to a successful party who has not been represented by a solicitor, in addition to any witnesses’ expenses, any fee paid or to be paid by him, but no other costs.
(4) Subject to paragraph (6) in addition to the costs, fees and expenses referred to in this Rule, a successful party may recover a sum equivalent to the value added tax at the appropriate rate on so much of the amount of those costs, fees and expenses as were incurred in respect of any taxable supply of goods or services within the meaning of the Value Added Tax Act 1983; but only in so far as the tax is not deductible as input tax by the successful party.
(5) Subject to paragraph (6), in a decree there shall be added after the words “witnesses’ expenses” the words “and, in addition, any sum for value added tax recoverable by the plaintiff [or (in the case of a dismiss) defendant]”.
(6) Paragraph (5) shall not apply to a decree in undefended proceedings within the meaning of Rule 72 or where value added tax is not recoverable by the successful party under paragraph (4).
(7) In this Rule “fixed” means fixed by an order made under section 116 of the Judicature (Northern Ireland) Act 1978.

## 93 Interest on amount awarded

The amount awarded by a decree (including any interest and costs thereby awarded) or the amount of costs ordered to be paid by a dismiss shall, subject to any direction by the court, carry interest at seven per cent per annum.

## 94 Postponement of issue of decree to be stay of enforcement for purposes of Article 116(3) of the Judgments Enforcement (Northern Ireland) Order 1981

(1) Postponement of the issue of a decree subject to payment by instalments shall be treated as a stay of enforcement on the ground of the debtor’s inability to pay for the purposes of Article 116(3) of the Judgments Enforcement (Northern Ireland) Order 1981.
(2) Where the court makes such an order the clerk of petty sessions shall enter the order in the Debt Process Register in the column headed “Minute of Adjudication” and shall transmit a memorandum thereof to the Enforcement of Judgments Office.

## 95 Contents of process in ejectment proceedings

(1) Every process issued in ejectment proceedings shall set forth the statement identifying the premises possession of which is sought to be recovered in the proceedings and the grounds on which possession is claimed.
(2) In a case to which sub-paragraph (a) of Article 67(1) of the Order applies the period and rent for which the premises were let, the date on which the interest of the tenant in the premises ended or, as the case may be, the date on which the notice to quit which determined the tenancy expired and the date on which such notice was served shall be stated in the process.
(3) In a case to which sub-paragraph (b) of Article 67(1) of the Order applies the capacity in which the defendant was put into possession and the date on which the demand for possession was made shall be stated in the process.
(4) In a case to which sub-paragraph (c) of Article 67(1) of the Order applies the process shall refer to the enactment under the provisions of which possession of the premises is obtainable or recoverable summarily and, if relevant, contain the particulars specified in paragraph (2).
(5) Where a claim for the recovery of rent or for any sum for which the defendant is liable under Article 69 of the Order in respect of the period during which he has overheld the premises is joined in the same process as a claim for recovery of possession of those premises the provisions of paragraph (6) of Rule 84 shall apply to such process.

## 96 Costs in ejectment proceedings

(1) Costs of the amount set forth in the appropriate scale in Schedule 3 shall be recovered by a successful party in ejectment proceedings who has been represented by a solicitor or by a solicitor who is a successful party.
(2) An amount corresponding to the fixed value of stamps upon documents issued on behalf of a successful party in ejectment proceedings, together with any witnesses’ expenses and any fixed fee paid by him to a summons server or other person for the service of a process shall be added to the costs awarded to him under paragraph (1) and shall form part of his costs in the proceedings.
(3) The court shall award by way of costs to a successful party who has not been represented by a solicitor, in addition to any witnesses’ expenses, any fees paid or to be paid by him, but no other costs.
(4) Paragraphs (4) to (6) of Rule 92 apply to ejectment proceedings as they apply to debt proceedings.
(5) In this Rule “fixed” means fixed by an order made under section 116 of the Judicature (Northern Ireland) Act 1978.

## Part V: Appeals or Applications commenced by Notice under Part VII of the Order

## 97 Signature on notice

A notice under Part VII of the Order shall be signed by the appellant or applicant or by his solicitor or firm of solicitors, or in the name of the appellant or applicant or of such solicitor or firm of solicitors by some person duly authorised so to sign.

## 97A [ Appeal against recognition of foreign driving disqualification in UK

(1) Where notice under Part VII of the Order is given of intention to appeal a decision under section 57 of the Crime (International Co-operation) Act 2003, the appellant shall—
(a) serve with that notice a copy of the notice of intention to appeal given to the appropriate Minister in accordance with section 59(1) of that Act;
(b) specify in that notice whether or not he or she intends to apply to the court to suspend the recognition of the disqualification under section 62(2) of that Act; and
(c) state the grounds on which the appeal is made.
(2) An application under paragraph (1) shall be made in accordance with the time limit set under section 59(3) of the Crime (International Co-operation) Act 2003.]

## 98 Time of service of notice

(1) Subject to Article 76(5) of the Order, a notice under Part VII thereof shall be served on the other party to the proceedings at least fourteen days and on the clerk of petty sessions at least seven days before the hearing of the appeal or application.
(2) The notice served on the clerk of petty sessions shall be endorsed with the date upon which and the manner in which notice was served on the other party to the proceedings.
(3) Without prejudice to the provisions of any enactment providing for the time within which an appeal may be made to a court of summary jurisdiction the court shall not hear and determine such appeal unless a notice under Part VII of the Order is served under paragraph (1) upon the other party to the proceedings from which the appeal is brought within three months after the making of the decision or determination appealed from has been notified to the appellant.

## 99 Copy of decision or determination appealed from to be lodged

A copy of the decision or determination from which an appeal is brought shall be lodged with the clerk of petty sessions by the appellant at least seven days before the hearing of the appeal.

## 100 Manner of service of notice

A notice under Part VII of the Order may be served by the appellant or applicant or any person authorised by him to serve such notice in accordance with section 24(2) of the Interpretation Act (Northern Ireland) 1954.

## 101 Times of hearing of appeals or applications

(1) The hearing of appeals or applications shall be at such sittings of the court as from time to time may be directed by a district judge (magistrates’ courts).
(2) The court may, notwithstanding that Rule 98(1) or 99 has not been complied with, order, upon such terms as it thinks fit, that the appeal or application shall be heard.

## Part VI: PROCEEDINGS UPON A COMPLAINT IN A CIVIL MATTER

## 102 Order of Proceedings at the hearing of a complaint in a civil matter

The procedure upon the hearing of a complaint in a civil matter shall be as follows:—
(a) the substance of the complaint shall be stated to the defendant and, if necessary, explained to him; whereupon, unless precluded from making an order without hearing evidence, the court shall ask him whether or not he admits the truth of the complaint;
(b) where the defendant admits the truth of the complaint or consents to the making of an order against him under Article 80(3) of the Order, the court may be addressed first by the complainant or his counsel or solicitor and then by the defendant or his counsel or solicitor;
(c) where the defendant does not admit the truth of the complaint or consent to the making of an order against him, the complainant or his counsel or solicitor shall call his evidence and before doing so may address the court;
(d) at the conclusion of the evidence for the complainant, the defendant or his counsel or solicitor may address the court whether or not he afterwards calls evidence;
(e) at the conclusion of the evidence, if any, for the defence, the complainant or his counsel or solicitor may, with the leave of the court, call evidence to rebut that evidence;
(f) at the conclusion of the evidence, if any, for the defence and the evidence in rebuttal as aforesaid, the defendant or his counsel or solicitor may address the court—
(i) if he has not previously done so; or
(ii) with the leave of the court, if the defendant and any other witness have been called on the part of the defendant.
Provided always that notwithstanding anything in the previous provisions of this Rule, the court may permit or invite the defendant or complainant or his counsel or solicitor to make a submission on a point of law arising at any stage of the proceedings and in that event shall permit the complainant or defendant or his counsel or solicitor, as the case may be, to reply.

## 103 Entries in Order Book

(1) Where the defendant or his representative on his behalf admits the truth of the complaint or consents to the making of an order under Article 80(3) of the Order, an entry to that effect shall be made in the Order Book as part of the order.
(2) Where the court under Article 84 of the Order dismisses a complaint in a civil matter without prejudice to a further complaint alleging the same cause of complaint or upon the merits, the entry of the words “Dismissed without prejudice” or, as the case may be, “Dismissed on the merits” in the Order Book shall be a sufficient record of the order.

## 104 Method of making periodical payments

(1) A court of summary jurisdiction ordering periodical payments to be made through a collecting officer under Article 85 of the Order shall notify both parties of the times at which, and the place at which, payments are to be made and received.
(2) A collecting officer may send by post any periodical payments to the person entitled to them at the request, and at the risk, of that person.
(3) If a person makes any periodical payments to a collecting officer by post, he shall do so at his own risk and expense.

## Part VII: Satisfaction and Enforcement of Orders

## 105 Notice to defendant of sum adjudged to be payable by a conviction

(1) Where a person has been adjudged by a conviction to pay a sum the clerk of petty sessions shall serve upon such person notice in writing in Form 60.
(2) Notice of the registration of a fixed penalty for enforcement as a fine under Article 76 of the Road Traffic Offenders (Northern Ireland) Order 1996 or section 67 of the Justice Act (Northern Ireland) 2011 shall be in Form 60A and shall be served on the person against whom it has been registered by the clerk of petty sessions.
(3) A notice under paragraph (1) or (2) shall—
(a) state the amount of the sum due and, if the sum consists of separate amounts, state each separate amount;
(b) contain information about how payments may be made under the terms of the order;
(c) contain information about the consequences of failing to pay the sum in accordance with the order; and
(d) where a collection order under section 3 of the Justice Act (Northern Ireland) 2016 has not been made, advise the defendant that he may, within the time allowed, apply to the court in writing for further time to pay or for an order for payment by instalments or for the variation of any order for payment by instalments.
(4) A notice under paragraph (1) or (2) shall be served by delivering it to the defendant or person against whom a sum has been registered for enforcement as a fine or by sending it to him by ordinary post in an envelope addressed to him at his last known or usual place of abode.

## 105A Collection order

(1) A collection order under section 3 of the Justice Act (Northern Ireland) 2016 shall be in Form 60B and shall be served by the clerk of petty sessions on the debtor and, at the same time, a copy thereof shall be sent to the collection officer.
(2) A collection order shall be served by delivering it to the debtor or by sending it to him by ordinary post in an envelope addressed to him at his last known or usual place of abode.

## 105B Summons to debtor to attend on a collection officer

(1) A summons under section 5(4) of the Justice Act (Northern Ireland) 2016 requiring a debtor to attend on a collection officer at the time and place specified in the summons shall be in Form 60C.
(2) Notwithstanding Rule 11, a summons under section 5(4) of the 2016 Act may be served by a collection officer by—
(a) delivering a copy to the debtor or by leaving it for him with some person apparently over the age of sixteen years at his usual or last known place of abode or his place of business;
(b) sending a copy of the summons by ordinary post in an envelope addressed to the debtor at his usual or last known place of abode; or
(c) sending a copy of the summons by registered post or the recorded delivery service in an envelope addressed to the debtor at his usual or last known place of abode.
(3) The summons shall be served not less than seven days before the time specified and the person who serves it shall complete and sign the certificate of service on the original summons.

## 105C Summons to debtor to attend a default hearing

(1) A summons under section 6(10) or section 8(3) of the Justice Act (Northern Ireland) 2016 requiring a debtor to appear before a court of summary jurisdiction at the time and place specified in the summons shall be in Form 60D.
(2) Notwithstanding Rule 11, a summons under section 6(10) or 8(3) of the Justice Act (Northern Ireland) 2016 may be served by a collection officer or, as the case may be, the clerk of petty sessions by—
(a) delivering a copy to the debtor or by leaving it for him with some person apparently over the age of sixteen years at his usual or last known place of abode or his place of business;
(b) sending a copy of the summons by ordinary post in an envelope addressed to the debtor at his usual or last known place of abode; or
(c) sending a copy of the summons by registered post or the recorded delivery service in an envelope addressed to the debtor at his usual or last known place of abode.
(3) The summons shall be served not less than seven days before the hearing and the person who serves it shall complete and sign the certificate of service on the original summons.
(4) If the person fails to appear in person or by his legal representative in response to a summons served under sub-paragraph 2(b) or (c), such service shall not be valid unless an acknowledgement of service appearing to be signed by the debtor or his solicitor is produced to the court.
(5) Unless the contrary is proved, the signed acknowledgement of service shall be taken as proof of service and the summons shall be deemed to have been served at the time at which the envelope containing it would have been delivered in the ordinary course of post.

## 105D Arrest where debtor fails to attend default hearing

(1) A warrant of arrest under section 10 of the Justice Act (Northern Ireland) 2016 requiring a constable to arrest a debtor and bring him before a court unless he enters into a recognizance to appear at the court shall be in Form 60E.
(2) A recognizance requiring a debtor to appear before a court for a default hearing shall be in Form 60F and may be taken by a constable.

## 105E Notification of court order at default hearing

Where, at a default hearing, a court exercises any of the powers conferred by section 9 of the Justice Act (Northern Ireland) 2016, the collection officer or, as the case may be, clerk of petty sessions shall serve upon the debtor notice in writing of the decision by delivering it to the debtor or by sending it to him by ordinary post in an envelope addressed to him at his last known or usual place of abode.

## 105F Interpretation

In rules 105C to E, “default hearing” means a hearing under section 6(1) or 8(2) of the Justice Act (Northern Ireland) 2016.

## 105G Appeals

(1) An appeal under section 25(1) of the Justice Act (Northern Ireland) 2016 against a decision of a collection officer shall be in Form 55 and shall be served on the collection officer at least 14 days before the hearing of the appeal.
(2) At the same time, the appellant shall serve a copy of the notice on the clerk of petty sessions which shall be endorsed with the date and manner of service on the collection officer and should be accompanied by a copy of the decision being appealed.

## 106A [ Supervised activity orders

(1) Where a magistrates’ court makes a supervised activity order under Article 45 of the Criminal Justice (Northern Ireland) Order 2008, any entry in the Order Book required to be made under Rule 19(1) shall include details of the following—
(a) the duration of the order;
(b) any conditions and requirements of the order;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where a magistrates’ court amends, extends or revokes a supervised activity order, it shall cause an entry to that effect to be made in the Order Book, opposite the entry relating to the making of the order.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Any complaint made in respect of a breach of a requirement of a supervised activity order and any application to revoke, extend or amend a supervised activity order under Schedule 3 to the Criminal Justice (Northern Ireland) Order 2008, shall be accompanied by a copy of the order to which the complaint or the application relates.

## 106B Committal to Crown Court

Where a magistrates’ court commits an offender to the Crown Court under paragraph 5(3) of Schedule 3 to the Criminal Justice (Northern Ireland) Order 2008, the clerk of petty sessions shall notify the chief clerk ... by sending to him—
(a) where an offender is released on bail, a copy of any recognizance entered into; and
(b) a certificate of the order made by the magistrates’ court.]

## 106 Orders for supervision

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 107 Financial penalty enforcement orders

A financial penalty enforcement order under section 133A of the Army Act 1955, section 133A of the Air Force Act 1955 or section 128F of the Naval Discipline Act 1957) shall be registered by means of an entry of the particulars of the order in the Order Book signed by the clerk of petty sessions.

## 108 Transfer of Fine Order sent to England and Wales or Scotland

Where the court makes a transfer of fine order under Article 95 of the Order (including Article 95 as applied by Article 96 of the Order), the clerk of petty sessions shall send to the clerk to the justices for the petty sessions area in England and Wales or to the sheriff or sheriff clerk of the court of summary jurisdiction in Scotland in or by which, under the order, payment of a sum adjudged to be paid is to be enforceable, a copy of the order in Form 70 or 71, as the case may be, with a statement of the offence and the steps, if any, taken to recover the sum with such former information as is available and is, in the opinion of the clerk of petty sessions, likely to assist enforcement.

## 109 Transfer of fine order sent from England and Wales or Scotland

(1) Where the clerk of petty sessions receives a copy of a transfer of fine order made in England and Wales or Scotland ..., he shall register the order ... by means of an entry made and signed by him in the Order Book and shall serve a notice in Form 72 on the offender.
(2) Such notice may be served in the same manner as a summons alleging a summary offence prosecuted by [ the Public Prosecution Service for Northern Ireland] and service of the notice may be proved in the same manner as service of such summons is proved under Rule 11.
(3) Where after fourteen days from service of such notice of the expiration of the period within which the sum is payable under the order, whichever is the later, the offender has failed to pay or has failed to apply for time or further time to pay or for payment by instalments, as required by that notice the court may exercise its powers under section 9 of the Justice Act (Northern Ireland) 2016, following a referral under section 6 or 8 of that Act.
(4) Where the sum adjudged to be paid and due under the transfer of fine order—
(a) is paid, the clerk of petty sessions shall send it to the clerk of the court which made the order;
(b) is not paid, the clerk of petty sessions shall inform the clerk of that court of the manner in which the adjudication is satisfied or that the sum, or any balance thereof, appears to be irrecoverable.

## 109A Enforcement of financial penalties under section 88 of the Criminal Justice and Immigration Act 2008

(1) Where, under section 88(3) of the Criminal Justice and Immigration Act 2008, a magistrates’ court decides that it is satisfied that one or more of the grounds for refusal apply, the clerk of petty sessions shall give notice of the decision to the Lord Chancellor in Form 72A.
(2) Where, under section 88(3) of the Criminal Justice and Immigration Act 2008, a magistrates’ court decides that it is satisfied that none of the grounds for refusal apply, the clerk of petty sessions shall—
(a) register the financial penalty as an order by means of an entry made and signed by him in the Order Book;
(b) give notice of the decision to the Lord Chancellor in Form 72A; and
(c) serve notice in Form 72B on the person required to pay the financial penalty.]

## 110 Interpretation of Rules 111 to 121

Any reference in rules 111 to 121 to a “maintenance order” shall include a reference to any order mentioned in Article 98(11) of the Order.

## 111 Attachment of earnings order

(1) An attachment of earnings order under Article 101 of the Order shall be in Form 73.
(2) The clerk of petty sessions ... may sign such order.

## 112 Service of orders and notices

(1) Where a court of summary jurisdiction makes an attachment of earnings order or an order varying or discharging such an order, the clerk of petty sessions shall cause a copy of the order to be served on the employer and shall send a copy of the order to the defendant.
(2) Where an attachment of earnings order made by a court of summary jurisdiction ceases to have effect as provided in Article 104(7) or (8) of the Order the notice of the cessation required by Article 104(9) shall be given to the employer.
(3) The notice required by the preceding paragraph shall be given by the clerk of petty sessions.
(4) A copy of Article 102 of the Order shall be served with or annexed to the attachment of earnings order.
(5) Where under Article 105 of the Order (which relates to statements of earnings, etc.) a direction is given to the defendant or to a person appearing to be an employer of the defendant or where under these Rules a copy of an order is to be served or a notice is to be given to any person—
(a) service may be effected on, or the direction or notice may be given to a person, other than a corporation, by delivering it to the person to whom it is directed or by sending it by post in a letter addressed to him at his last known or usual place of abode, or, in the case of an employer or a person appearing to be an employer of the defendant, at his place of business;
(b) service may be effected on, or the direction or notice given to, a corporation by delivering the document at, or sending it to—
(i) such office or place as the corporation may, for the purpose of this Rule, have specified in writing to the court in relation to the defendant or to a class or description to which he belongs, or
(ii) the registered office of the corporation if that office is in Northern Ireland, or, if there is no registered office in Northern Ireland, any place therein where the corporation trades or conducts its business.

## 113 Particulars of defendant

The particulars of the defendant for the purpose of enabling him to be identified which, so far as they are known, are to be included in an attachment of earnings order shall be—
(a) full name and address;
(b) place of work;
(c) nature of work and works number, if any.

## 114 Notice of application for appropriate variation order

(1) Where an application is made under Article 104 of the Order for the appropriate variation of an attachment of earnings order, the clerk of petty sessions shall, where practicable, give notice in writing of the time and place appointed for the hearing of the application to the person entitled to receive payment under the related maintenance order (whether directly or through the officer of any court).
(2) An application for an order varying (including suspending or reviving) or discharging an attachment of earnings order shall be by way of complaint.

## 115 Variation of attachment of earnings order on change of employment

Where an attachment of earnings order has lapsed under Article 104(5) of the Order on the debtor’s ceasing to be in the employment of the person to whom the order was directed and it appears to the court that the defendant has subsequently entered the employment of a person (whether the same as before or another), the court may, of its own motion, vary the order by directing it to that person and may make any consequential amendment to the order made necessary by this variation.

## 116 Variation or discharge of attachment of earnings order by court of its own motion

(1) Where it appears to a court of summary jurisdiction that the defendant is not in the employment of the person to whom the attachment of earnings order is directed and that the likelihood of the defendant entering the employment of any person is not such as to justify preserving the order, the court may, of its own motion, discharge the order.
(2) Where a court of summary jurisdiction has made an attachment of earnings order and the related maintenance order has been discharged in whole or in part or reduced by operation of law, the court may, of its own motion, vary or discharge the attachment of earnings order.
(3) Where a court of summary jurisdiction has made an attachment of earnings order which takes account of accrued arrears and those arrears are subsequently discharged, the court may, of its own motion, vary or discharge the order as appropriate.

## 117 Temporary variation of protected earnings rate

(1) A court of summary jurisdiction which made the attachment of earnings order may, on a written application made by the defendant on the ground of a material change in the defendant’s resources and needs since the order was made or last varied, by order (hereinafter referred to as a temporary variation order) vary the attachment of earnings order for a period of not more than thirteen weeks by an increase of the protected earnings rate.
(2) A temporary variation order shall be in Form 74.
(3) The clerk of petty sessions shall cause a copy of any variation order to be served on the employer and shall give him notice if the temporary variation order is discharged and the clerk of petty sessions shall also send a copy to the person entitled to receive payments under the related maintenance order (whether directly or through an officer of any court).
(4) Where an application for the variation or discharge of an attachment of earnings order is made to a magistrates’ court and there is in existence a temporary variation order in respect of the attachment of earnings order, the court may, of its own motion, discharge the temporary variation order.

## 118 Consolidated attachment orders

(1) Where a court of summary jurisdiction has power to make more than one attachment of earnings order in respect of the liabilities of a defendant it may make a consolidated attachment order to discharge those liabilities.
(2) Where a court of summary jurisdiction has power to make an attachment of earnings order in respect of a defendant who is already subject to such an order (whether or not it is itself a consolidated attachment order) made by any such court, the court may, subject to the provisions of this Rule, discharge the existing order and make a consolidated attachment order in respect of that defendant.
(3) Where two or more attachment of earnings orders have been made (whether or not they are themselves consolidated attachment orders) a court of summary jurisdiction may, subject to the provisions of this Rule, discharge the existing order and make a consolidated attachment order in respect of that defendant.
(4) A court of summary jurisdiction may exercise the powers conferred under paragraphs (1) to (3) of this Rule either of its own motion or on the application of the defendant.
(5) A defendant may apply to a court of summary jurisdiction for a consolidated attachment order, by complaint.
(6) Where an employer applies in writing to the clerk of petty sessions for the court which has power to make a consolidated attachment order requesting the court to make such an order, the clerk shall bring the application before the court, and, if it appears to the court that the application is justified, the court shall proceed as if it had determined of its own motion to make such an order.
(7) Before a court of summary jurisdiction exercises of its own motion the powers conferred under paragraph (3) of this Rule, it shall cause written notice to be given to the defendant of his right to make representations to the court.
(8) Where a court of summary jurisdiction makes a consolidated attachment order, it shall specify in the order such normal deduction rate as the court thinks reasonable and this rate may be less than the sum of the normal deduction rates specified in any attachment of earnings orders discharged by the court.

## 119 Disposal of sums paid under consolidated attachment orders

(1) A clerk of petty sessions receiving a payment under a consolidated attachment order shall, subject to paragraph (2) below, apply the money in payment of the sums secured by the order, paying first any sums previously secured by an attachment of earnings order which was discharged in consequence of the making of the consolidated attachment order.
(2) Where two or more attachment of earnings orders were discharged in consequence of the making of the consolidated attachment order the sums due under the orders shall be paid in the chronological sequence of the orders.

## 120 Method of making payment under attachment of earnings order

(1) A clerk of petty sessions to whom any payment under an attachment of earnings order is to be made shall notify the employer and the person entitled to receive payments under the related maintenance order of the hours during which, and the place at which, payments are, subject to the provisions of this Rule, to be made and received.
(2) If an employer sends by post any payments under an attachment of earnings order to a clerk of petty sessions, he shall do so at his own risk and expense.
(3) A clerk of petty sessions may send by post any payment under an attachment of earnings order to the person entitled to receive payments under the related maintenance order at the request and at the risk of that person.

## 121 Enforcement of Judgments Office records

(1) Where a clerk of petty sessions causes a copy of an order or notice to be given to any person under Rule 112 of these Rules, he shall cause a copy of the order or notice to be given also to the Enforcement of Judgments Office.
(2) Where the clerk of petty sessions for the court which has made an attachment of earnings order is informed of a defendant’s change of address he shall notify the new address to the Enforcement of Judgments Office.

## 122 Suspended sentences to be dealt with only in petty sessions

(1) Where during the operational period of a suspended sentence imposed under the Treatment of Offenders Act (Northern Ireland) 1968 the offender upon whom such sentence was passed appears before a justice of the peace (other than a resident magistrate) sitting out of petty sessions charged with an offence under any of the following enactments—
(a) section 4 of the Vagrancy Act 1824;
(b) section 3 of the Vagrancy (Ireland) Act 1847;
(c) Article 10(2) of the Criminal Justice (Northern Ireland) Order 1980 (where the offence is punishable by imprisonment);
(d) section 9 of the Summary Jurisdiction (Ireland) Act 1908; or
(e) section 24 of the Children and Young Persons Act (Northern Ireland) 1968;
the justice shall remand him for appearance before a court of summary jurisdiction ....
(2) Where a court of summary jurisdiction deals with an offender in respect of a suspended sentence imposed by a magistrates’ court otherwise than by making an order under section 19(1)(a) of the Treatment of Offenders Act (Northern Ireland) 1968 the court shall cause to be entered in the Order Book its reasons for its opinion that it would be unjust to make such order.
(3) Where under section 19(1)(c) of the said Act of 1968 the court varies the original order of a magistrates’ court by substituting another period for the original operational period of a suspended sentence, the court shall explain to the offender in ordinary language the effect of the variation and his liability thereunder.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Where an offender is dealt with by any of the methods specified in paragraphs (a), (b), (c) and (d) of section 19(1) of the said Act of 1968, the clerk of petty sessions ... shall enter a note of the particulars of the method by which the offender has been dealt with opposite the entry in the Order Book made at the time the suspended sentence was passed.

## 123 Evidence of conviction to be sent to the Crown Court

(1) Where a magistrates’ court under section 20(3) of the Treatment of Offenders Act (Northern Ireland) 1968 commits an offender to the Crown Court, or, instead of doing so, furnishes written notice of the conviction to the chief clerk ..., the clerk of petty sessions shall send to the chief clerk a certificate of the conviction by the magistrates’ court.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 124 Interpretation of Section F

In this Section-
(a) “the 1996 Order” means the Criminal Justice (Northern Ireland) Order 1996;
[(aa “the 2008 Order” means the Criminal Justice (Northern Ireland) Order 2008;]
(b) “pre-sentence report”; “community order”; “custodial sentence”; “custody probation order”; and “mentally disordered” have the meanings assigned to them by Article 2(2) of the 1996 Order;
(c) “medical report” has the meaning assigned to it by Article 22(5) of the 1996 Order;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 125 Order for Absolute or Conditional Discharge

(1) Where the court makes an order for absolute or conditional discharge, it shall cause an entry to that effect to be made in the Order Book and, in the case of an order for conditional discharge, that entry shall also specify the duration of the order.
(2) Where a magistrates’ court makes an order under Article 5(6) or (8), or the Crown Court makes an order under Article 5(7), of the 1996 Order, the clerk of petty sessions ... shall make a note of the order under the said Article 5 opposite the entry in the Order Book relating to the making of the order of conditional discharge.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where a magistrates’ court convicts a person of an offence committed during the period of conditional discharge, the clerk of petty sessions shall, if the court which made the order for conditional discharge was the Crown Court, give a copy of the relevant entry in the Order Book to the chief clerk ....
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 125A Entry in Order Book

Where a magistrates’ court makes a statement under Article 9(4); [...] 24(4) or (5) or 33(2) of the 1996 Order [ or Article 9(3) of the 2008 Order], it shall cause that statement to be entered in the Order Book.

## 126 Community Order

(1) Where a magistrates’ court makes a community order, any entry in the Order Book required to be made under Rule 19(1) shall include details of the following—
(a) the duration of the order;
(b) any conditions and requirements of the order;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where a court of summary jurisdiction amends or revokes a community order, it shall cause an entry to that effect to be made in the Order Book, opposite the entry relating to the making of the relevant order.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Any complaint made in respect of a breach of a requirement of a community order, and any application to revoke or amend a community order under Schedule 2 to the 1996 Order, shall be accompanied by a copy of the community order, to which the complaint or the application relates.

## 126A Committal to Crown Court

Where a court of summary jurisdiction commits an offender to the Crown Court under [paragraph 2(4)] or paragraph 9(2)(b) of Schedule 2 to the 1996 Order, the clerk of petty sessions shall (in addition to complying with paragraph 3(4) of Schedule 2 where it applies) notify the chief clerk ... by sending to him—
(a) where an offender is released on bail, a copy of any recognizance entered into; and
(b) a certificate of the conviction or order made by the court of summary jurisdiction.

## 126B Release on Licence

(1) Where a court of summary jurisdiction orders that Article 26 of the 1996 Order shall apply, the court shall cause a note to that effect to be entered in the Order Book and in the warrant of commitment.
(2) Where a court of summary jurisdiction commits an offender to the Crown Court under Article 28(2)(b) of the 1996 Order, the clerk of petty sessions shall send to the chief clerk ...—
(a) a certificate of the conviction by the court of summary jurisdiction;
(b) a copy of any written statement which was tendered in evidence at the hearing;
(c) where available, a copy of any report relating to the offender which was considered by the court of summary jurisdiction;
(d) a copy of any recognizance entered into.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 126C [ Recommended licence conditions for sentences of 12 months or more

Where a court, when passing a determinate custodial sentence of 12 months or more, recommends under Article 23(1) of the 2008 Order particular conditions which in its view should be included in any licence granted under Article 17 or 19 of the 2008 Order, it shall send notice of its order to the Secretary of State in Form 106.

## 126D Licence conditions for sentences of less than 12 months

Where a court, when passing a determinate custodial sentence of less than 12 months, under Article 24(2)(a) of the 2008 Order requires particular conditions to be included in any licence granted under Article 17 or 19 of the 2008 Order, it shall send notice of its order to the Secretary of State in Form 106.

## 126E Conviction while licence remains in force

Where it appears to the court by or before which a person is convicted of an offence that the offence was committed while the person was on licence and that the person has not been recalled to prison, the court shall inform the Secretary of State of the conviction in Form 106.]

## 127 Notification of conviction before expiration of period of deferment

(1) Where under [ Article 3 of the Criminal Justice (Northern Ireland) Order 1996] a court has deferred passing sentence on an offender and before the expiration of the period of deferment he is convicted of any offence by a magistrates’ court, the clerk of petty sessions shall, ... if the court which deferred passing sentence on the earlier occasion was the Crown Court, give notice of the conviction to the chief clerk ....
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 128 Enforcement process and order

(1) Proceedings under Article 107 [committal for default] of the Judgments Enforcement (Northern Ireland) Order 1981 where no instalment order has been made by the Enforcement of Judgments Office under Article 30 of that Order shall be commenced by a process (in these Rules referred to as an “enforcement process”) requiring the debtor to appear personally on the date therein specified before a court of summary jurisdiction ....
(2) On the hearing of an enforcement process the court may make—
(a) an order (in these Rules referred to as an “enforcement order”) requiring the debtor to pay the amount due in such manner or by such instalments as the court thinks fit; or
(b) such an order committing the debtor to prison as may be made under Rule 129.
(3) An enforcement process shall specify the date of the original order made against the debtor and the amount he was ordered to pay thereunder and such order shall be produced at the hearing.

## 129 Committal process and order

(1) If the debtor defaults in payment of any instalment due under an enforcement order or due under an instalment order made by the Enforcement of Judgments Office under Article 30 of the said Order of 1981, the creditor may serve on the debtor a process (in these Rules referred to as a “committal process”) requiring the debtor to appear personally on the date therein specified before a court of summary jurisdiction ... to show cause why an order (in these Rules referred to as a “committal order”) should not be made committing him to prison for his default in complying with the enforcement order.
(2) Upon proof of the making of the enforcement order, or instalment order, or, where the committal order is made under Rule 128(2)(b) upon proof of the original order for payment (which shall be given by the production of the original order or orders) and of the means of the debtor required by Article 107(4) of the said Order of 1981, the court may, if the debtor fails to show cause why an order should not be made, make with costs such order committing him to prison as is authorised by that Order.
(3) Nothing in paragraph (2) shall, where it appears to the court that earnings fail to be paid to the debtor, affect the power of the court to make an attachment of earnings order under Article 98 of the said Order of 1981 in lieu of a committal order.

## 130 Service of process issued under Rule 128 or 129

(1) Service of a process issued in accordance with Rule 128 or 129 shall be effected by delivering to the defendant personally a true copy thereof.
(2) A committal process may be served by the summons server of the administrative court division in which the defendant resides or in which any business premises used or occupied by him are situated and such service may be proved by affidavit.

## 131 Postponement of issue of decree for possession and application for the issue of the decree

(1) Where a decree has been granted directing that a plaintiff be put in possession of premises to which sub-paragraph (a) of Article 67(1) of the Order applies and the court has postponed the issue of the decree under Article 116 of the Order for a period or periods conditional upon the payment of arrears of rent or sums due under Article 69 of the Order by the defendant and where costs are ordered to be paid, the costs of the proceedings being paid by instalments either in addition to the current rent or otherwise the decree shall not, subject to Article 117 of the Order, issue from the court until after default has been made in payment of an instalment and an order has been made by the court authorising the issue of the decree as provided by this Rule.
(2) Where default has been made as aforesaid, the plaintiff may apply to the court for an order authorising the issue of the decree upon giving the defendant notice in writing of his intention to make the application not less than seven days before the date of hearing of the application.
(3) Upon the hearing of the application the court may order that the decree be issued or, except as otherwise provided by Article 116 of the Order, may from time to time adjourn the application or may further postpone the issue of the decree upon the existing conditions or upon such new conditions as it thinks fit as to payment by instalments or otherwise.
(4) Where the court makes any such order, other than an order of adjournment, it may award to the plaintiff a sum not exceeding £1·00 for the costs of the application, which shall be in addition to, and recovered in the same manner as, any costs awarded on the original decree.
(5) The details of the application and the date on which it is heard shall be entered in the Ejectment Process Register.
(6) Where an application under this Rule is adjourned other than in the presence of the defendant or his solicitor the plaintiff of his solicitor shall notify the defendant or his solicitor of the date, time and place of the adjourned hearing.

## 132 Signature on notice of application for the issue of decree for possession

A form of notice of application under Rule 131 may be signed by the plaintiff or by his solicitor or firm of solicitors or in the name of such solicitor or firm of solicitors by some person duly authorised to sign.

## 133 Service and lodgment of notice of application

(1) A notice of application signed in accordance with Rule 132 may be served in the same manner as a process under Rule 58 or Rule 60(1)(b) or may be sent by the applicant or his solicitor to the person to whom it is to be given by registered post or by the recorded delivery service in an envelope addressed to that person at his last known or usual place of abode.
(2) A copy of such notice shall be lodged with the clerk of petty sessions at least four days before the date of the hearing of the application and if the notice has been served by sending it by registered post or by the recorded delivery service, the receipt for the latter shall be attached to the copy so lodged and no further proof of service shall be required.
(3) In reckoning the four days referred to in paragraph (2) no account shall be taken of a Saturday, Sunday or a public holiday.

## 134 Entry of minute of order on application under Rule 131

A minute of any order whatsoever made upon an application under Rule 131 shall be entered in the Ejectment Process Register.

## 135 Duration of committal orders

A committal order under Article 107 of the Judgments (Enforcement) (Northern Ireland) Order 1981 shall remain in force for one year and no longer.

## 136 Duplicate orders

(1) Where a formal order has been lost or destroyed, or has improperly got into the hands of the person against whom the order was made or his agent, an application may be made to the court for the issue of a duplicate of such order, and the court may order that a duplicate be issued.
(2) Particulars of any such application and a minute of any order made thereon shall be entered in the appropriate Process Register.
(3) No costs of the application shall be awarded to any applicant for a duplicate order except in a case where it is proved to the court that the loss or destruction was caused by the other party or his agent, or where it is proved that the order is improperly in the possession of the other party or his agent.
(4) Any duplicate order issued under this Rule shall bear the word “Duplicate” in large letters on its face and shall have the same effect as the original order.
(5) Where costs are awarded under paragraph (3) the court may issue a decree for the recovery thereof.

## 137 Order allowing time for payment or for payment by instalments in proceedings upon complaint

Without prejudice to Rule 19 where a magistrates’ court allows time to pay a sum adjudged to be paid by a conviction or any other sum ordered to be recovered in proceedings upon complaint or orders payment of any such sum by instalments, an entry to that effect shall be made in the Order Book as part of the order.

## 138 Application for further time to pay or for payment to be by instalments in proceedings upon complaint

(1) An application for further time to pay a sum adjudged to be paid by a conviction or other sum ordered to be paid in proceedings upon complaint or to be allowed to pay such sum in instalments may, unless the court requires the applicant to attend, be made in writing.
(2) Such application may be made to a resident magistrate sitting out of petty sessions and a minute of the order made on such application shall be entered in the Order Book.

## 139 Direction 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

Where the defaulter is committed to, or ordered to be detained in a prison or other place of detention, any direction given under Article 110(2) of the Order shall be endorsed on the warrant of commitment.

## 140 To whom payments of sums ordered to be paid in proceedings upon complaint are to be made

(1) Except where the court otherwise directs, a person ordered to pay a sum by a magistrates’ court in proceedings upon complaint shall, unless a warrant to enforce payment thereof has been issued, pay that sum or any instalment thereof to the clerk of petty sessions.
(2) The provisions of this Rule shall not derogate from those of section 5 of the Fines Act (Ireland) 1851.

## 141 Payment where imprisonment imposed

(1) The persons authorised for the purposes of Article 111 of the Order to receive payment are:—
(a) unless there has been issued to the Royal Ulster Constabulary a warrant of commitment, the clerk of petty sessions;
(b) any member of the Royal Ulster Constabulary holding the warrant of commitment; or
(c) any governor of the prison in which the prisoner is confined or any other person having lawful custody of the prisoner.
(2) No person shall be required to receive in part payment under Article 111(2) of the Order an amount which, or so much of an amount as, will not procure a reduction of the period for which the defaulter is committed or ordered to be detained.
(3) Where a person having custody of the prisoner receives payment of any sum he shall endorse a certificate of receipt of the sum on the warrant of commitment and shall pay over the said sum to the clerk of petty sessions.
(4) Nothing in this Rule shall derogate from the provisions of section 5 of the Fines Act (Ireland) 1851.
(5) This Rule shall apply to committal order under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 as it applies to warrants of commitment.

## 142 Part payment of sums to clerk of petty sessions

Where before a warrant is issued to enforce payment of a sum adjudged to be paid by the conviction or order of a magistrates’ court, part of that sum has been paid to the clerk of petty sessions, he shall endorse details of such payment on the warrant.

## 143 Execution of warrants in proceedings upon complaint

(1) Subject to this Rule, a warrant issued by a resident magistrate or justice of the peace in proceedings upon complaint shall be addressed to the district commander for the police district in which the warrant is issued]
(2) A warrant of discharge from prison and, where necessary, a warrant of commitment may be addressed to the prison governor.
(3) On receipt of a warrant of commitment the prison governor or his deputy shall receive the person named in the warrant (or shall detain him if he is already in custody) for the period specified in the warrant.
(4) The prison governor or his deputy shall, upon receiving a prisoner into his custody together with a warrant of commitment, give to the person charged with the execution of the warrant a receipt for the prisoner.
(5) Where the person named in the warrant is to be produced in court after an adjournment or remand the prison governor shall, subject to Article 47(5) of the Order, cause such person to be so produced at the time and place fixed by the warrant.

## 144 Execution of distress warrant by the Royal Ulster Constabulary

(1) Sums adjudged to be paid by a conviction or order of a magistrates’ court and levied under a warrant of distress addressed to a superintendent of the Royal Ulster Constabulary shall be paid over to the clerk of petty sessions.
(2) A warrant of distress shall authorise the person charged with its execution to take any money as well as the goods of the person against whom distress is to be levied and any money so taken shall be treated as if it were the proceeds of sale of goods taken under the warrant.
(3) Upon payment or tender of the sum to be levied and any expenses already incurred in connection with the distress to the person charged with executing the warrant, that person shall refrain from executing it.
(4) The person charged with the execution of a warrant of distress may sell the property distrained after the expiration of the period specified in the warrant, or if no period is fixed, after three days from the date of the distress, unless the sum for recovery of which the warrant was issued and the expenses of the distress are paid within that period.
(5) Where property is sold under a distress warrant, the person executing the warrant shall render to the owner of the property the balance of the proceeds of sale, if any, after retaining the sum to be levied and the expenses of the distress.
(6) A superintendent of the Royal Ulster Constabulary emposered to distrain goods under a warrant of distress may sell or cause such goods to be sold by public auction or in such other manner as the person against whom the distress is levied may in writing allow and may deduct the costs of such sale from the proceeds of sale.

## 145 Warrants of distress issued under Article 109 of the Order

A warrant of distress issued under Article 109 of the Order shall be enforced in the same manner as a warrant issued in proceedings upon complaint.

## 146 Costs of warrant to be added to sum due under warrant of commitment or distress

Where the warrant is a warrant of distress the sum referred to in Article 8 of the Magistrates’ Courts Fees Order (Northern Ireland) 1983 shall be leviable in addition to any reasonable costs of making or keeping the distress or conducting the sale of goods distrained in accordance with the order of the court.

## 147 Application for review of warrant of commitment

A person imprisoned under a warrant of commitment issued by a magistrates’ court under Article 112 of the Order who is not detained otherwise than under that Article may make an application by way of complaint in Form 120 to a district judge (magistrates’ court) requesting that the warrant be cancelled and stating the grounds of the application.

## 147A Supervision and Treatment Order

(1) In this Rule—
(a) “the 1986 Order” means the Mental Health (Northern Ireland) Order 1986;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) “supervision and treatment order” means a supervision and treatment order under Schedule 2A to the 1986 Order;
(d) “supervised person” and “supervising officer” have the meanings assigned to them by paragraph 1(1) of Schedule 2A to the 1986 Order:
(2) An application to a court of summary jurisdiction under paragraph 7(2) or 8(1) of Schedule 2A to the 1986 Order shall be in Form 124 and shall be served on the clerk of petty sessions ... at least 14 days before the hearing of the application and shall be accompanied by a copy of the supervision and treatment order, to which the application relates.
(3) A copy of Form 124 and of the supervision and treatment order referred to in paragraph (2) shall also be served on the respondent.
(4) The respondent to the application shall be either the supervised person if the applicant is the supervising officer, or the supervising officer if the applicant is the supervised person.
(5) If the applicant or the respondent fails to appear or to be represented at the hearing of the application without reasonable excuse, the court, may adjourn the hearing, or may decide the application in his absence.]

## Part VIII: EVIDENCE

## 148 Affidavits and declarations

(1) For the purposes of these Rules an affidavit may be sworn, or a statutory declaration may be made, before a lay magistrate or before a commissioner for oaths or clerk of petty sessions.
(2) Without prejudice to paragraph (1), any such affidavit of service as is referred to in Article 126(1) of the Order may be sworn before the clerk of petty sessions.
(3) A fee paid to a commissioner for oaths on the swearing of an affidavit or the making of a statutory declaration shall not be recoverable by the person paying the fee from the other party.

## 149 Proof by written statement in criminal proceedings (other than at a preliminary inquiry)

(1) Where a written statement complying with section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 is served by the complainant or by the defendant for the purpose of any criminal proceedings before a court of summary jurisdiction (other than a preliminary inquiry) a copy of the statement and of any documentary exhibit which accompanied it shall be given to the clerk of petty sessions as soon as practicable after such service and, where a copy of such statement is served on behalf of the prosecution, the complainant shall append to the statement a notice informing the defendant of his right to object to his statement being admitted in evidence.
(2) Where under section 1(2)(d) of the said Act of 1968 a party serves notice objecting to the statement being tendered in evidence, he shall at the same time serve a copy of the notice on the clerk of petty sessions.
(3) Where the court under section 1(5) of the said Act of 1968 requires the attendance of the person who made such written statement the court shall, if necessary, adjourn the hearing to enable the witness to be called.
(4) Where any such written statement refers to any document or object as an exhibit, that document or object shall, wherever possible, be identified by means of a label or other mark of identification signed by the maker of the statement and, before the court treats any document or object referred to as an exhibit in such written statement as an exhibit produced and identified in court by the maker of the statement, the court shall be satisfied that the document or object is sufficiently described in the statement for it to be identified.
(5) Where the court decides not to admit as evidence any written statement or part thereof tendered in evidence it shall announce such decision forthwith and shall thereupon write or cause to be written upon such statement, or, as the case may be, against that part, the words ‘his statement is not admitted as evidence,” or alternatively, “The part of this statement consisting of is not admitted as evidence,” and in either case the presiding magistrate shall subscribe his name thereto.
(6) Where in summary proceedings any written statement is admitted in evidence and read aloud in accordance with section 1(6) of the said Act or an account has to be given orally of so much of any written statement as is not read aloud, the statement shall be read aloud or the account given by or on behalf of the party who has tendered the statement in evidence.
[... ]

## 149AA [ Application for special measures directions

(1) An application by a party in any criminal proceedings for a special measures direction under Article 7 of the 1999 Order shall be made by giving notice in Form 15B.
(2) If the application is for a special measures direction—
(a) enabling a witness to give evidence by means of a live link, the information sought in Part 2 of Form 15B shall be provided;
(b) enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the information sought in Part 3 of Form 15B shall be provided;
[(c enabling an examination of a witness to be conducted through an intermediary—
(i) the information sought in Part 4 of Form 15B; and
(ii) any relevant report, including an intermediary’s assessment, shall be provided.]
(3) (a) ..., an application under paragraph (1) shall be made not less than 14 days before the day fixed for the commencement of the proceedings to which the application relates.

## 149ADA [ Application to disapply or disapply in part the primary rule

(1) An application to disapply or disapply in part the primary rule under Article 9(4)(ba) of the 1999 Order shall be made in writing and shall include such information as the court requires to make a determination.
(2) An application under paragraph (1) shall be served, by the applicant, on the clerk of petty sessions and on each party to the proceedings as soon as reasonably practicable after the witness has expressed that wish.
(3) Paragraphs (6) to (12) of Rule 149AA shall apply to an application to disapply or disapply in part the primary rule as they apply to an application for a direction.]

## 149AE Renewal application following a material change of circumstances

(1) Where an application for a special measures direction has been refused by the court, the application may only be renewed (“renewal application”) where there has been a material change of circumstances since the court refused the application.
(2) The applicant shall—
(a) specify in the renewal application each material change of circumstances which is alleged to have occurred; and
(b) serve the renewal application on the clerk of petty sessions, and on each party to the proceedings, as soon as reasonably practicable after the change occurs.
(3) Any party on whom the application is served in accordance with paragraph (2)(b) may oppose the application on the ground that it discloses no material change of circumstances.
(4) Paragraphs (6) to (12) of Rule 149AA, Rules 149AF and 149AG shall apply to a renewal application as they apply to the application which was refused.

## 149AF Application for special measures direction for witness to give evidence by means of a live link

(1) Where the application for a special measures direction is made in accordance with Rule 149AA(2)(a), for a witness to give evidence by means of a live link, the following provisions of this Rule shall also apply.
(2) [...] A party who seeks to oppose an application for [ a child witness] to give evidence by means of a live link shall, in order to comply with Rule 149AA(6), state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness’s evidence.
[(3
(4) ....]

## 149AG Video recording of testimony from witnesses

(1) Where an application is made for a special measures direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the following provisions of this Rule shall also apply.
(2) Notice of the application made in accordance with Rule 149AA(1) shall be accompanied by the video recording (or a copy of the video recording) which it is proposed to tender in evidence and shall include—
(a) the name of the defendant and the offence charged;
(b) the name and date of birth of the witness in respect of whom the application is made;
(c) the date on which the video recording was made;
(d) a statement as to whether, and if so at what point in the video recording, an oath was administered to, or a solemn declaration made by, the witness;
(e) a statement that, in the opinion of the applicant, either—
(i) the witness is available for cross examination; or
(ii) the witness is not available for cross-examination and the parties have agreed that there is no need for the witness to be so available;
(f) a statement of the circumstances in which the video recording was made which complies with paragraph (4); and
(g) the date on which the video recording was disclosed to the other party or parties.
(3) Where it is proposed to tender part only of a video recording of an interview with the witness, the application shall specify that part and be accompanied by a video recording of the entire interview, including those parts which it is not proposed to tender in evidence, and by a statement of the circumstances in which the video recording of the entire interview was made which complies with paragraph (4).
(4) The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(f) and (3) shall include the following information, except in so far as it is contained in the recording itself,—
(a) the times at which the recording commenced and finished, including details of interruptions;
(b) the location at which the recording was made and the usual function of the premises;
(c) in relation to each person present at any point during, or immediately before, the recording—
(i) their name, age and occupation;
(ii) the time for which each person was present; and
(iii) the relationship, if any, of each person to the witness and to the defendant;
[(iv whether or not the person present was there to act as an intermediary for a witness, and, if so, whether an application under Article 17 of the 1999 Order for the use of an intermediary has been made or will be made, and whether the intermediary made the declaration as set out in Form 88N before acting.]
[(ca in relation to each person present at any point during the recording, a statement confirming that the said person when present is visible in the recording;]
(d) in relation to the equipment used for the recording—
(i) a description of the equipment;
(ii) the number of cameras used;
(iii) whether the cameras were fixed or mobile;
(iv) the number and location of the microphones;
(v) the video format used; and
(vi) whether it offered single or multiple recording facilities and, if so, which were used; and
(e) the location of the master tape if the video recording is a copy and details of when and by whom the copy was made.
(5) A party who receives a copy of a recording under paragraph (2) shall within 7 days of the date on which it was served on him, notify the applicant and the clerk of petty sessions, in writing—
(a) whether he objects to the admission under Article 15 of the 1999 Order of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted;
(b) whether he would agree to the admission of part of the video recording or recordings and if so, which part or parts; and
(c) whether he wishes to be represented at any hearing of the application.
(6) Notwithstanding the provisions of Rule 149AA and this Rule, a copy of any video recording which the defendant proposes to tender in evidence need not be sent to the prosecution until the close of the prosecution case at the trial.
(7) The court may determine an application by the defendant to tender in evidence a video recording even though a copy of the recording has not, in accordance with paragraph (6), been served upon the prosecution.
(8) Where a copy of the video recording which is the subject of a special measures direction is sent to the prosecution after the direction has been made, the prosecutor may apply to the court for the direction to be varied or discharged.
(9) An application under paragraph (8) may be made orally to the court.
(10) A prosecutor who makes an application under paragraph (8) shall state –
(a) why he objects to the admission under Article 15 of the 1999 Order of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted; and
(b) whether he would agree to the admission of part of the video recording or recordings and if so, which part or parts.
(11) The court shall, before determining the application: –
(a) direct a hearing of the application; and
(b) allow all the parties to the proceedings to be present and be heard on the application.
(12) The clerk of petty sessions shall notify all parties to the proceedings of the decision of the court as soon as reasonably practicable after the decision is given.
(13) Any decision varying a special measures direction shall state whether the whole or specified parts of the video recording or recordings subject to the application are to be admitted in evidence.

## 149AH Expert Evidence

Any party to the proceedings who proposes to adduce expert evidence (whether of fact or opinion) in connection with an application or renewal application for, or an application to vary or discharge, a special measures direction shall, not less than 14 days before the date set for the commencement of the proceedings at which the evidence is to be adduced -
(a) serve the other party or parties to those proceedings with a statement in writing of any finding or opinion which he proposes to adduce by way of such evidence; and
(b) where a request is made to him in that behalf by any other party to those proceedings, provide that party also with a copy of (or if it appears to the party proposing to adduce the evidence to be more practicable, a reasonable opportunity to examine) the record of any observation, test, calculation or other procedure on which such finding or opinion is based and any document or other thing or substance in respect of which any such procedure has been carried out.”]

## 149AI [“Prohibition on cross-examination of particular witness

(1) An application by the prosecutor for a direction under Article 24 of the 1999 Order in relation to any witness shall be made by giving notice in Form 15D to the clerk of petty sessions and at the same time the applicant shall serve a copy thereof on every other party to the proceedings.
(2) In an application under paragraph (1), the prosecutor shall state why, in his opinion –
(a) the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the defendant in person;
(b) the evidence would be improved if a direction were given under Article 24(2) of the 1999 Order; and
(c) it would not be contrary to the interests of justice to give such a direction.
(3) On receipt of the application, the clerk of petty sessions shall refer it –
(a) if the proceedings to which the application relates have commenced, to the resident magistrate hearing those proceedings;
(b) if the proceedings to which the application relates have not commenced when the application is received, to a resident magistrate ....
(4) Where a copy of a notice under paragraph (1) is served on a party to the proceedings more than 14 days before the date set for the commencement of the proceedings to which the application relates, that party may, within 14 days, make observations in writing in relation to the application to the clerk of petty sessions and shall serve a copy of such observations on every other party to the proceedings.
(5) A party on whom a copy of the notice is served in accordance with paragraph (1) may notify the clerk of petty sessions and every other party to the proceedings, in writing, of his opposition to the application and give reasons for it.
(6) Those reasons shall be notified –
(a) within 14 days of the date a copy of the notice was served on him, if that date is more than 14 days before the date set for commencement of the proceedings to which the application relates;
(b) if the proceedings to which the application relates have commenced, in accordance with any directions issued by the resident magistrate hearing those proceedings; or
(c) if neither sub-paragraph (a) nor sub-paragraph (b) apply, before the date set for the commencement of the proceedings to which the application relates.
(7) Where the application made in accordance with paragraph (1) is made before the date set for the commencement of the proceedings to which the application relates and the application –
(a) is not contested by any party to the proceedings, the court may determine the application without a hearing;
(b) is contested by a party to the proceedings, the court shall direct a hearing of the application.
(8) Where the application is made after the commencement of the proceedings to which the application relates –
(a) the application may be made orally; and
(b) the resident magistrate hearing those proceedings may give such directions as he considers appropriate in order to deal with the application.
(9) Where a hearing of the application is to take place, the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing.
(10) A party notified in accordance with paragraph (9) may be present at the hearing and be heard.
(11) The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application made in accordance with paragraph (1), notify all the parties to the proceedings of the decision and the reasons for it.
(12) A person making an oral application under paragraph (8)(a) shall –
(a) give reasons why the application was not made before the commencement of the proceedings to which the application relates; and
(b) provide the court with the information set out in paragraph (2).

## 149AJ Restrictions on cross-examination of witness by the accused person

(1) This Rule and Rules 149AK and 149AL apply where a defendant is prevented from cross-examining a witness in person by virtue of Article 22, 23 or 24 of the 1999 Order.
(2) The court shall as early in the proceedings as is reasonably practicable –
(a) explain to the defendant that he is prevented from cross-examining a witness in person; and
(b) invite him to arrange for a legal representative to act for him for the purpose of cross-examining the witness.
(3) The defendant shall within 7 days of the court giving its explanation, or within such other period as the court may in any particular case allow, give notice to the clerk of petty sessions in Form 15E or otherwise in writing as to whether or not he has arranged for a legal representative to act on his behalf.
(4) Where the defendant has arranged for a legal representative to act for him, the notice under paragraph (3) shall include details of the name and address of the representative.
(5) The clerk of petty sessions shall notify all other parties to the proceedings of the name and address of any person appointed by the defendant to act on his behalf.
(6) Where the court gives its explanation under paragraph (2) to the defendant –
(a) within 7 days of the date set for the commencement of any hearing at which a witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies may be cross-examined, or
(b) after such a hearing has commenced,
the period of 7 days within which the defendant is required to give notice under paragraph (3) shall be reduced in accordance with any direction issued by the court.
(7) Where at the end of the period of 7 days or such other period as the court has allowed, the court has not received notice from the defendant under paragraph (3), it may grant the defendant an extension of time, whether of its own motion or on the application of the defendant.
(8) Before granting an extension of time, the court may direct a hearing at which all parties to the proceedings may attend and be heard.
(9) Any extension of time shall be for such period as the court considers appropriate in the circumstances of the case.
(10) The decision of the court as to whether or not to grant the defendant an extension of time shall be notified to all parties to the proceedings by the clerk of petty sessions in Form 15F.

## 149AK Appointment by the court

(1) Where the court decides, in accordance with Article 26(4) of the 1999 Order, to appoint a qualified legal representative, the clerk of petty sessions shall notify all parties to the proceedings of the name and address of that representative.
(2) An appointment made by the court under Article 26(4) of the 1999 Order shall, except to such extent as the court may in any particular case determine, terminate at the conclusion of the cross-examination of any witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies.

## 149AL Appointment arranged by the defendant

(1) The defendant may arrange for the qualified legal representative, appointed by the court under Article 26(4) of the 1999 Order, to be appointed to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies.
(2) Where such an appointment is made –
(a) the defendant shall notify the court of the appointment in Form 15E;
(b) the qualified legal representative shall notify the court of the appointment in Form 15G; and
(c) the qualified legal representative shall, from the time of his appointment, act for the defendant as though the arrangement had been made under Article 26(2)(a) of the 1999 Order and shall cease to be the representative of the court under Article 26(4) of the 1999 Order.
(3) Where the court receives notification of the appointment either from the qualified legal representative or from the defendant but not from both, the court shall investigate whether the appointment has been made, and if it concludes that the appointment has not been made, paragraph (2)(c) shall not apply.
(4) The defendant may, notwithstanding an appointment by the court under Article 26(4) of the 1999 Order, arrange for a legal representative to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under Article 22, 23 or 24 applies.
(5) Where the defendant arranges for, or informs the court of his intention to arrange for a legal representative to act for him, he shall notify the court within such period as the court may allow, of the name and address of any person appointed to act for him.
(6) Where the court is notified within the time allowed that such an appointment has been made, any qualified legal representative appointed by the court in accordance with Article 26(4) of the 1999 Order shall be discharged.
(7) The clerk of petty sessions shall as soon as reasonably practicable after notification is received by the court, or where paragraph (3) applies, after the court is satisfied that the appointment has been made, notify all the parties to the proceedings in Form 15H –
(a) that the appointment has been made;
(b) where paragraph (4) applies, of the name and address of the person appointed;
(c) that the person appointed by the court under Article 26(4) of the 1999 Order has been discharged or has ceased to act for the court.

## 149AM Procedure for applications in proceedings for sexual offences

(1) Application under Article 28(2) of the 1999 Order for leave to adduce evidence of, or ask questions about, any sexual behaviour of a complainant shall be made by giving notice in Form 15I to the clerk of petty sessions and shall, subject to paragraph (10) –
(a) be served on the clerk of petty sessions not less than 14 days before the day fixed for the commencement of the proceedings to which the application relates; or
(b) be accompanied by a full written explanation specifying the reasons why the application could not have been served in accordance with sub-paragraph (a).
(2) An application under paragraph (1) shall contain the following –
(a) a summary of the evidence it is proposed to adduce and of the questions it is proposed to put to any witness;
(b) a full explanation of the reasons why it is considered that the evidence and questions fall within paragraphs (3) or (5) of Article 28 of the 1999 Order;
(c) a summary of any document or other evidence to be submitted in support of such evidence and questions;
(d) where it is proposed that a witness give evidence as to the complainant’s sexual behaviour, the name and date of birth of any such witness.
(3) A copy of the application under paragraph (1) shall be served, by the applicant, on every other party to the proceedings at the same time as it is served on the clerk of petty sessions.
(4) The prosecutor shall notify the clerk of petty sessions and the other parties to the proceedings in Form 15J—
(a) whether or not he opposes the application, giving reasons for any such opposition, and
(b) whether or not he wishes to be represented at any hearing of the application,
and where the notice of application is received by the prosecutor more than 14 days before the date set for commencement of the proceedings to which the application relates, the notification must be served by the prosecutor within 14 days of receipt.
(5) Where a copy of the application is received by a party to the proceedings other than the prosecutor more than 14 days before the date set for the commencement of the proceedings to which the application relates, that party may, within 14 days, make observations in writing in relation to the application to the clerk of petty sessions and shall serve a copy of such observations on every other party to the proceedings.
(6) In considering any application under this Rule, the court may request a party to the proceedings to provide the court with such information as it may specify in Form 15K and which the court considers would assist in determining the application.
(7) Where the court makes such a request, the person required to provide the information shall do so within 14 days of the court making the request or by such time as the court considers appropriate in the circumstances of the case.
(8) An application under paragraph (1) shall be determined by a district judge (magistrates’ court) following a hearing.
(9) The date and time of the hearing shall be—
(a) determined by the clerk of petty sessions after taking into consideration—
(i) any time which a party to the proceedings has been given to respond to a request for information; and
(ii) the date fixed for any other hearing relevant to the proceedings; and
(b) notified by the clerk of petty sessions to both the applicant and the prosecutor.
(10) An application under Article 28(2) of the 1999 Order may be made orally to the court where the application is made after the proceedings to which the application relates have begun.
(11) The person making the application under paragraph (10) shall—
(a) give reasons why the applicant failed to make the application in accordance with paragraph (1); and
(b) provide the court with the information set out in paragraph (2).
(12) The clerk of petty sessions shall, as soon as reasonably practicable after the hearing of an application under paragraph (1), notify all the parties to the proceedings of the decision of the court in Form 15L.]

## 149AN [ Application for reporting direction

(1) An application by a party to any criminal proceedings for a reporting direction under section 46 of the 1999 Act in relation to a witness in those proceedings may be made at any time after the commencement of the proceedings by giving notice in Form 15M.
(2) For the purpose of this Rule, Rule 149AO and Rule 149AP, proceedings commence on the date that the matter is first listed before a magistrates’ court.
(3) The notice under paragraph (1) shall be served on the clerk of petty sessions, and at the same time a copy thereof shall be served, by the applicant, on every other party to the proceedings.
(4) Any party who wishes to oppose the application shall, within 7 days of the date that notice of the application was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition giving reasons for it.
(5) In order to comply with paragraph (4) a party shall state in the written notification whether he—
(a) disputes that the witness is eligible for protection under section 46 of the 1999 Act; and
(b) disputes that the granting of protection would be likely to improve the quality of evidence given by the witness or the level of co-operation given by the witness to any party to the proceedings in connection with the party’s preparation of its case.

## 149AO Application for excepting direction

(1) An application for a direction under section 46(9) of the 1999 Act (“an excepting direction”) may be made at any time after the commencement of the proceedings if a reporting direction has been given by the court in respect of the witness in those proceedings.
(2) The application under paragraph (1) may be made by—
(a) party to those proceedings; or
(b) any person who, although not a party to the proceedings, is directly affected by a reporting direction given in relation to a witness in those proceedings or could be so affected if the court in determining an application gave a reporting direction.
(3) An application for an excepting direction may be made—
(a) orally at the time the reporting direction is given; or
(b) by giving notice in Form 15N.
(4) An applicant for an excepting direction shall state why, in his opinion—
(a) the effect of the restrictions imposed (or which the applicant for the reporting direction seeks to have imposed) places a substantial and unreasonable restriction on the reporting of the proceedings; and
(b) it is in the public interest to remove or relax those restrictions.
(5) Where the application for an excepting direction is made in writing, the notice under paragraph (3)(b) shall be served on the clerk of petty sessions, and at the same time a copy thereof shall be served, by the applicant, on every other party or, as the case may be, every party to those proceedings.
(6) Where the application for an excepting direction is made orally, the clerk of petty sessions shall cause the details of the application to be recorded in the Order Book.
(7) Any party who wishes to oppose the application shall, within 7 days of the date that notice of the application was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition giving reasons for it.

## 149AP Variation or revocation

(1) An application to –
(a) revoke a reporting direction; or
(b) vary or revoke an excepting direction,
may be made at any time after the commencement of proceedings.
(2) The application under paragraph (1) may be made by –
(a) any party to the proceedings in which the direction was given; or
(b) any person who, although not a party to those proceedings is, in the opinion of the court, directly affected by the direction.
(3) The application under paragraph (1) shall be made by giving notice in Form 15O which -
(a) shall specify the grounds upon which the applicant seeks to have the direction varied or, as the case may be, revoked; and
(b) shall be served, by the applicant, on the clerk of petty sessions and on every other party or, as the case may be, every party to the proceedings.
(4) Any party who wishes to oppose the application shall, within 7 days of the date that the application was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition giving reasons for it.

## 149AQ Hearings

(1) Subject to paragraph (2), the court may –
(a) determine any application made under Rule 149AN, 149AO or 149AP without a hearing; or
(b) direct a hearing of any such application.
(2) Where a party to the proceedings notifies the clerk of petty sessions of his opposition to an application under Rule 149AN, 149AO or, as the case may be, 149AP, the court shall direct a hearing of that application.
(3) Where a hearing of an application is to take place in accordance with this Rule, the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing.
(4) A party notified in accordance with paragraph (3) may be present at the hearing and be heard.
(5) Before determining an application, the court may hear and take into account representations made to it by any person who in the court’s opinion has a legitimate interest in the application before it.
(6) The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application under Rule 149AN, 149AO or 149AP, notify all the parties to the proceedings of the decision of the court in Form 15P.]

## 149AR [Procedure for the admission of evidence of bad character

(1) A party who wants to adduce evidence of a non-defendant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 5 of the 2004 Order, shall give notice in Form 88A.
(2) [ Subject to paragraph 2(A),] notice under paragraph (1) shall be served on the clerk of petty sessions and on every other party to the proceedings –
(a) within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by the prosecutor); or
(b) as soon as is reasonably practicable, where the application concerns a non-defendant who is to be invited to give, or has given, evidence for a defendant.
[(2A In respect of a ... preliminary inquiry, notice under paragraph (1) shall be served on the clerk of petty sessions and on every other party to the proceedings not less than 14 days before the date fixed for the hearing.]
(3) [ Subject to paragraph (3A),] any party who wishes to oppose the application under paragraph (1) shall, within 14 days of the date on which the notice of the application was served on him, notify the clerk of petty sessions and every other party to the proceedings, in Form 88B, of his opposition.
[(3A In respect of a ... preliminary inquiry, any party who wishes to oppose the application under paragraph (1) shall, within 7 days of the date on which the notice of the application was served on him, notify the clerk of petty sessions and every other party to the proceedings, in Form 88B, of his opposition.]
(4) A prosecutor who wants to adduce evidence of a defendant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 6 of the 2004 Order, shall give notice in Form 88C.
(5) [ Subject to paragraph (5A),] notice under paragraph (4) shall be served on the clerk of petty sessions and on every other party to the proceedings at the same time as the prosecutor complies or purports to comply with section 3 of the Criminal Procedure and Investigations Act 1996.
[(5A In respect of a ... preliminary inquiry, notice under paragraph (4) shall be served on the clerk of petty sessions and on every other party to the proceedings not less than 14 days before the date fixed for the hearing.]
(6) A co-defendant who wants to adduce evidence of a defendant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 6 of the 2004 Order, shall give notice in Form 88C.
(7) [ Subject to paragraph (7A),] notice under paragraph (6) shall be served on the clerk of petty sessions and on every other party to the proceedings within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996.
[(7A In respect of a ... preliminary inquiry, notice under paragraph (6) shall be served on the clerk of petty sessions and on every other party to the proceedings not less than 14 days before the date fixed for the hearing.]
(8) An application by a defendant to exclude bad character evidence shall be in Form 88D and shall be served on the clerk of petty sessions and on every other party to the proceedings within 7 days from the date on which the notice under paragraph (4) or paragraph (6) was served on him.
(9) A defendant who is entitled to have notice served on him under this Rule may waive his entitlement by so informing the court and the party who would have served the notice.
(10) The court may, if it considers that it is in the interests of justice to do so—
(a) allow a notice or application required under this Rule to be given in a different form, or orally; or
(b) abridge or extend the time for service of a notice or application required under this Rule, either before or after that period expires.

## 149AS Procedure for the admission of hearsay evidence

(1) This Rule shall apply where a party wishes to adduce [ oral] evidence on one or more of the grounds set out in Article 18(1)(a) to (d) of the 2004 Order and in this Rule, such evidence is referred to as “hearsay evidence”.
(2) A prosecutor who wants to adduce hearsay evidence shall give notice in Form 88E.
(3) [ Subject to paragraph (3A),] notice under paragraph (2) shall be served on the clerk of petty sessions and on every other party to the proceedings at the same time as the prosecutor complies or purports to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by prosecutor).
[(3A In respect of a ... preliminary inquiry, notice under paragraph (2) shall be served on the clerk of petty sessions and on every other party to the proceedings not less than 14 days before the date fixed for the hearing.]
(4) A defendant who wants to adduce hearsay evidence shall give notice in Form 88E.
(5) [ Subject to paragraph (5A),] notice under paragraph (4) shall be served on the clerk of petty sessions and on every other party to the proceedings within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996.
[(5A In respect of a ... preliminary inquiry, notice under paragraph (4) shall be served on the clerk of petty sessions and on every other party to the proceedings not less than 14 days before the date fixed for the hearing.]
(6) [ Subject to paragraph (6A),] any party who wishes to oppose the application under paragraph (2) or (4) shall, within 14 days of the date on which notice of the application was served on him, notify the clerk of petty sessions and every other party to the proceedings, in Form 88F, of his opposition.
[(6A In respect of a ... preliminary inquiry, any party who wishes to oppose the application under paragraphs (2) or (4) shall, within 7 days of the date on which notice of the application was served on him, notify the clerk of petty sessions and every other party to the proceedings, in Form 88F, of his opposition.]
(7) A party who is entitled to have notice served on him by this Rule may waive his entitlement by so informing the court and the party who would have served the notice.
(8) The court may, if it considers that it is in the interests of justice to do so—
(a) dispense with the requirement to give notice of intention to adduce hearsay evidence;
(b) allow a notice required under this Rule to be given in a different form, or orally; or
(c) abridge or extend the time for service of a notice required under this Rule, either before or after that period expires.]

## 149B [ Admissibility of records as evidence under Article 16(5) of the Road Traffic Offenders (NI) Order 1996

(1) For the purposes of Article 16 of the Road Traffic Offenders (Northern Ireland) Order 1996 the matters described in paragraph (2) shall be admissible as evidence of any fact stated therein to the same extent as oral evidence if that fact is admissible in those proceedings.
(2) The matters described are—
(a) a document being, of forming part of, or submitted in connection with an application for—
(i) an appointment for a test of competence to drive under Part II of the Order of 1981;
(ii) an appointment for an extended driving test under Article 41 of the Offenders Order;
(iii) a driving licence and its counterpart granted under Part II of the Order of 1981;
(iv) a provisional driving licence and its counterpart granted under Part II of the Order of 1981;
(v) a test certificate under Article 61(2) of the Order of 1995;
(vi) a goods vehicle test certificate under Article 65(2) of the Order of 1995;
(vii) a public service vehicle licence under Article 61 of the Order of 1981;
(viii) an approved driving instructor’s certificate of registration or a licence under Article 132(2)(b) or 135 of the Order of 1981.
(b) evidence of the result of—
(i) a test of competence to drive under Part II of the Order of 1981 or,
(ii) an extended driving test under Article 41 of the Offenders Order;
(c) a driving licence and its counterpart granted under Part II of the Order of 1981;
(d) a provisional driving licence and its counterpart granted under Part II of the Order of 1981;
(e) a test certificate issued under Article 61(2) of the Order of 1995;
(f) a goods vehicle test certificate under Article 65(2) of the Order of 1995;
(g) a public service vehicle licence granted under Article 61 of the Order of 1981;
(h) a public service vehicle disc issued under regulation 7 of the Public Service Vehicles Regulations (Northern Ireland) 1985;
(i) a notification of refusal to issue or grant a certificate or licence under—
(i) Article 61(4) of the Order of 1995;
(ii) regulation 5(1) of the Goods Vehicles (Certification) Regulations (Northern Ireland) 1990;
(iii) regulation 8(3) of the Public Service Vehicles Regulations (Northern Ireland) 1985; or
(iv) regulation 17 of the Motor Cars (Driving Instruction) Regulations (Northern Ireland) 1991.
(j) an approved driving instructor’s certificate under Article 132(2)(g) or licence under Article 135 of the Order of 1981;
(k) a notice of intention to revoke a licence under Article 10 of the Order of 1981;
(l) a notice revoking or suspending a licence under Article 61(1) (public service vehicle licences), or 73(1) (large goods vehicle and passenger-carrying vehicle driver’s licence) of the Order of 1981;
(m) in connection with the licensing and registration of mechanically propelled vehicles under the Vehicle Excise and Registration Act 1994—
(i) a document being, or forming part of, or submitted in connection with, an application for a vehicle licence or a trade licence or in connection with a repayment of duty under section 19 of the 1994 Act or the recovery of underpayments or overpayments of duty under the 1994 Act;
(ii) a vehicle licence, trade licence, registration book or registration mark;
(iii) a document containing a declaration and particulars in relation to vehicles exempted from duty under the 1994 Act.
(3) In this Rule—
(a) “the 1994 Act” means the Vehicle Excise and Registration Act 1994;
(b) “the Order of 1981” means the Road Traffic (Northern Ireland) Order 1981;
(c) “the Order of 1995” means the Road Traffic (Northern Ireland) Order 1995;
(d) “the Offenders Order” means the Road Traffic Offenders (Northern Ireland) Order 1996;
(e) “certificate of competence to drive” means a certificate issued in pursuance of Regulation 37 of the Motor Vehicle (Driving Licences) Regulations (Northern Ireland) 1996;
(f) “driving licence” means a licence to drive a motor vehicle granted under Part II of the Order of 1981;
(g) “counterpart” has the meaning assigned to it by Article 19D of the Order of 1981;
(h) “registration book” means a registration book issued under the Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 1976;
(i) “registration mark” has the meaning assigned to it by section 62 of the 1994 Act;
(j) “trade licence” has the meaning assigned to it under section 11 of the 1994 Act;
(k) “vehicle licence” means a licence for a mechanically propelled vehicle under the 1994 Act;
(l) “the Department” means Department of the Environment.]

## 149C [ Evidence by live link where witness is outside the United Kingdom

(1) An application for leave under Article 80A(3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 for a witness (other than the accused) who is outside the United Kingdom to give evidence through a live link shall be made by giving notice in Form 88G.
(2) The notice under paragraph (1) shall be served on the clerk of petty sessions and every other party to the proceedings not less than 14 days before the day fixed for commencement of the preliminary investigation or preliminary inquiry.
(3) Any party who wishes to oppose the application shall, within 7 days of the date that notice was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition giving reasons for it.
(4) Except where notice is received in accordance with paragraph (3), the court may—
(a) determine the application in favour of the applicant without a hearing; or
(b) direct a hearing.
(5) Where a party to the proceedings notifies the clerk of petty sessions in accordance with paragraph (3) of his opposition to the application, the clerk of petty sessions shall fix a date for the hearing of the application.
(6) Where a hearing is to take place in accordance with paragraphs (4) or (5), the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing.
(7) A party notified in accordance with paragraph (6) may be present at the hearing and be heard.
(8) The clerk of petty sessions shall, as soon as reasonably practicable after determination of an application under paragraph (1), notify all the parties of the decision of the court in Form 88H and, where leave is granted, the notification shall state—
(a) the country in which the witness will give evidence;
(b) if known, the place where the witness will give evidence;
(c) where the witness is to give evidence on behalf of the prosecutor or where disclosure is required by section 5(7) of the Criminal Procedure and Investigations Act 1996 (alibi), the name of the witness;
(d) the location of the court at which the preliminary investigation or preliminary inquiry will be held; and
(e) any conditions specified by the Court in accordance with paragraph (9).
(9) In determining an application under paragraph (1), the court may specify that as a condition of the grant of leave the witness should give evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the court may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence.
(10) The court may, if it considers that it is in the interests of justice to do so, extend the time for service of a notice required under this Rule, either before or after that period expires.

## 149D Application for an abridgement of time

(1) The period specified in Rule 149C(2) may be abridged at any time by the court on an application made in writing, specifying why the applicant is or was unable to make the application within that period.
(2) The application shall be served, by the applicant, on the clerk of petty sessions and on every other party to the proceedings.
(3) An application for an abridgement of time under this Rule shall be determined by a district judge (magistrates’ courts) without a hearing unless the district judge (magistrates’ courts) otherwise directs.
(4) Where the district judge (magistrates’ courts) abridges the period of 14 days under Rule 149C(2), he shall also specify the period within which any other party to the proceedings may give notice of opposition in writing under Rule 149C(3).
(5) The clerk of petty sessions shall notify all the parties of the district judge (magistrates’ courts) decision, and (as the case may be) the period specified by the district judge (magistrates’ courts) for the giving of notice of opposition in writing under Rule 149C(3).

## 149E Form of notice

The court may, if it considers that it is in the interests of justice to do so, allow a notice required under Rules 149C or 149D to be given in a different form, or orally.]

## 149F [ Evidence by live link by witness (other than the defendant)

(1) An application for a direction under Article 10 of the Criminal Justice (Northern Ireland) Order 2004 for a witness (other than the defendant) to give evidence through a live link shall be made by giving notice in Form 88I.
(2) (a) ..., an application under paragraph (1) shall be made not less than 14 days before the day fixed for the commencement of the proceedings to which the application relates.
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The notice under paragraph (1) shall be served on the clerk of petty sessions and at the same time a copy thereof shall be served on every other party to the proceedings.
(4) Any party who wishes to oppose the application shall, within 7 days of the date that notice under paragraph (1) was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition giving reasons for it.
(5) Except where notice is received in accordance with paragraph (4), the court may—
(a) determine the application in favour of the applicant without a hearing; or
(b) direct a hearing.
(6) Where a party to the proceedings notifies the clerk of petty sessions in accordance with paragraph (4) of his opposition to the application, the clerk of petty sessions shall fix a date for the hearing of the application.
(7) Where a hearing is to take place in accordance with paragraphs (5) or (6), the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing.
(8) A party notified in accordance with paragraph (7) may be present at the hearing and be heard.
(9) The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision of the court in Form 88J, and, where a direction is given, the notification shall state—
(a) the place where the witness will give evidence;
(b) where the witness is to give evidence on behalf of the prosecutor or where disclosure is required by section 6A(2) of the Criminal Procedure and Investigations Act 1996, the name of witness;
(c) the location of the court at which the proceedings to which the application relates will be held; and
(d) any conditions specified by the court in accordance with paragraph (10).
(10) In determining an application under paragraph (1), the court may specify that as a condition of the direction, the witness should give evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the court may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence.
(11) The court may, if it considers that it is in the interests of justice to do so—
(a) allow a notice or application required under this rule to be given in a different form, or orally; or
(b) abridge or extend the time for service of a notice or application required under this rule, either before or after that period expires.

## 149G Application for rescission of a direction

(1) An application to rescind a direction for a witness to give evidence through a live link under Article 11(5)(a) of Criminal Justice (Northern Ireland) Order 2004 shall be made in writing and shall specify each material change of circumstances which the applicant alleges has occurred since the direction was made.
(2) An application under paragraph (1) shall be served on the clerk of petty sessions and on every other party to the proceedings as soon as is reasonably practicable after the change in circumstances occurs.
(3) Any party on whom a copy of the notice under paragraph (2) is served may oppose the application on the ground that it discloses no material change of circumstances.
(4) Paragraphs (3)–(9) and (11) of rule 149F shall apply to an application to rescind a live link direction as they apply to an application for a live link direction.

## 149H Application by the accused for live link direction

(1) An application by the accused for a live link direction under Article 21A of the 1999 Order shall be made by giving notice in Form 88K.
(2) (a) ..., an application under paragraph (1) shall be made not less than 14 days before the day fixed for the commencement of the proceedings to which the application relates.
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The notice under paragraph (1) shall be served on the clerk of petty sessions and at the same time a copy thereof shall be served, by the applicant, on every other party to the proceedings.
(4) Any party on whom a copy of the notice of the application under paragraph (1) is served may oppose the application for a live link direction whether or not the question of whether the conditions set out in Article 21A(4) or (5) of the 1999 Order is in issue.
(5) Any party who wishes to oppose the application shall, within 7 days of the date the notice under paragraph (1) was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition and give reasons for it.
(6) In order to comply with paragraph (5), a party shall state in the written notification whether he disputes that—
(a) the accused is eligible for a live link direction by virtue of Article 21A(4) or (5) of the 1999 Order; and
(b) it is in the interests of justice for the accused to give evidence through a live link.
(7) Except where notice is received in accordance with paragraph (5), the court may —
(a) determine the application in favour of the applicant without a hearing; or
(b) direct a hearing.
(8) Where a party to the proceedings notifies the clerk of petty sessions in accordance with paragraph (5) of his opposition to the application, the clerk of petty sessions shall fix a date for the hearing of the application.
(9) Where a hearing of the application is to take place in accordance with paragraphs (7) or (8), the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing.
(10) A party notified in accordance with paragraph (9) may be present at the hearing and be heard.
(11) The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 88L.
(12) The court may, if it considers that it is in the interests of justice to do so—
(a) allow a notice or application required under this rule to be given in a different form, or orally; or
(b) abridge or extend the time for service of a notice or application required under this rule, either before or after that period expires.
(13) Where a live link direction is made enabling the accused to give evidence by means of a live link, he shall be accompanied at the live link only by persons acceptable to a district judge (magistrates’ courts).

## 149I Discharge of live link direction

(1) Subject to paragraph (3), an application to discharge a live link direction under Article 21A(7) of the 1999 Order shall be made in writing.
(2) An application under paragraph (1) shall be served on the clerk of petty sessions and on each party to the proceedings as soon as reasonably practicable.
(3) Paragraphs (4) to (12) of rule 149H shall apply to an application to discharge a live link direction as they apply to an application for a live link direction.]

## 149J [ Witness Summonses

In these Rules, unless the context otherwise requires—
“the applicant” means the applicant in relation to an application to which that rule applies; and
“the directed person” and “the stipulated evidence, document or thing” have the same meaning as in Article 118A(8) of the Order.

## 149K Application for a witness summons

(1) This rule applies to an application under Article 118A of the Order for the issue of a witness summons.
(2) Subject to paragraphs ([8]) to (10), the application shall be made in writing, and shall—
(a) contain a brief description of the stipulated evidence, document or thing;
(b) set out the reasons why the applicant considers that the stipulated evidence, document or thing is likely to be material evidence;
(c) set out the reason why a witness summons should be issued to secure the attendance of the directed person to give evidence or to produce the document or thing;
(d) be accompanied with a draft Form 85A; and
(e) if the witness summons is proposed to require the directed person to produce a document or thing—
(i) inform the directed person of his right under paragraph (5) to make representations in writing and at a hearing; and
(ii) state whether the applicant seeks a requirement to be imposed under Article 118B of the Order (power to require advance production) and, if such a requirement is sought, specify the place and time at which the applicant wishes the document or thing to be produced.
(3) The application shall be supported by an affidavit—
(a) setting out any complaint on which the proceedings concerned are based;
(b) specifying the stipulated evidence, document or thing in such a way as to enable the directed person to identify it;
(c) specifying grounds for believing that the directed person is likely to be able to give the stipulated evidence or, to produce the stipulated evidence, document or thing;
(d) specifying grounds for believing that the stipulated evidence is likely to be material evidence or, as the case may be, that the stipulated document or thing is likely to be material evidence.
(4) The application and the supporting affidavit shall be served on the clerk of petty sessions and the directed person.
(5) The directed person may, within 7 days of receiving a copy of the application under paragraph (4), inform, in writing, the clerk of petty sessions whether or not he wishes to make representations, concerning the issue of the witness summons proposed to be directed to him, at a hearing and may also serve written representations on the clerk of petty sessions.
(6) The clerk of petty sessions shall—
(a) if the directed person indicates that he wishes to have the application considered at a hearing, fix a time, date and place for the hearing;
(b) if the directed person does not indicate in accordance with paragraph (5) that he wishes to make representations at a hearing, refer the application to the court for determination with or without a hearing;
(c) notify the applicant, and where sub-paragraph (a) applies, the directed person of the time, date and place fixed for any hearing of the application.
(7) A hearing under this rule may, if the court so directs, take place in private and the reasons for granting or refusing the application shall be recorded in the Order Book.
(8) In the case of an application for a witness summons which it is proposed shall require the directed person to give evidence but not to produce any document or thing, that application may, with the consent of the court, be made orally to the court and, in such a case—
(a) paragraphs (3) to (7) shall not have effect; and
(b) the application shall, in addition to the matters set out in sub-paragraphs (a) to (d) of paragraph (2), specify—
(i) any complaint on which the proceedings concerned are based; and
(ii) the grounds for believing that the directed person is likely to be able to give the stipulated evidence.
(9) Subject to paragraph (10) and rule 149L, in the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made within 7 days of the date fixed for hearing the proceedings, the clerk of petty sessions shall refer the notice of application to the court to determine or, give such directions as it considers appropriate, and paragraphs (2)(e)(i) and (4) to (6) shall not have effect.
(10) In the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made during the course of proceedings, such application shall be made orally to the court to determine the application or to give such directions as it considers appropriate, and in such a case—
(a) paragraphs (3) to (7) shall not have effect; and
(b) the application shall, in addition to the matters set out in sub-paragraphs (a) to (d) of paragraph (2), specify the grounds for believing that the directed person is likely to be able to produce the document or thing.

## 149L Application that summons be of no further effect

(1) This rule applies to an application under Article 118B of the Order.
(2) The application shall be made in writing to the clerk of petty sessions as soon as reasonably practicable after the document or thing has been produced for inspection in pursuance of a requirement imposed by the witness summons under Article 118B of the Order.
(3) The application shall state that the applicant concludes that the requirement imposed by the witness summons under Article 118A(2) of the Order is no longer needed.
(4) If a direction is given under Article 118B of the Order following the application, the clerk of petty sessions shall notify the person to whom the witness summons is directed of the effect of the direction.

## 149M Application to make the summons issued on application ineffective

(1) This rule applies to an application under Article 118C of the Order.
(2) The application shall be made in writing, be served on the clerk of petty sessions, and shall—
(a) state that the applicant was not served with notice of the application to issue the summons and that he was neither present nor represented at any hearing of that application; and
(b) set out the reasons why the applicant considers that he cannot give evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence.
(3) On receiving the application the clerk of petty sessions shall—
(a) serve notice of the application on the person on whose application the witness summons was issued; and
(b) refer the application—
(i) to the district judge (magistrates’ courts) who will hear and determine the complaint; or
(ii) to the district judge (magistrates’ courts) or lay magistrate who issued the witness summons or, the district judge (magistrates’ courts) who will hear the complaint, if the hearing of the complaint has not yet begun.
(4) The court shall not grant or, as the case may be, refuse the application unless the applicant and the person on whose application the witness summons was issued have been given an opportunity of making representations, whether at a hearing or (where they agree to do so) in writing without a hearing.
(5) In a case where the witness summons to which the application relates imposed a requirement to produce any document or thing, then if—
(a) the applicant can produce that document or thing; but
(b) he seeks to satisfy the court that the document or thing is not likely to be material evidence or that is not in the interests of justice for it to be produced, the applicant must, unless the court directs otherwise, arrange for the document or thing to be available at the hearing of the application.
(6) A hearing under this rule may, if the court so directs, take place in private and the reasons for granting or refusing the application shall be recorded in the Order Book.
(7) The clerk of the petty sessions shall notify the applicant and the person on whose application the witness summons was issued of the decision of the court in relation to the application.

## 149N Application to make summons issued of the court’s own motion ineffective

(1) Rule 149M shall apply to an application under Article 118D of the Order as it applies to an application under Article 118C of that Order, subject to the following modifications.
(2) Paragraphs (2)(a) and (3)(a) shall be omitted.
(3) In paragraphs (4) and (7), the words “and the person on whose application the witness summons was issued” shall be omitted.
(4) In paragraph (4), for the words “(where they agreed to do so)”, there shall be substituted “(where he agrees to do so).]

## 149O [ Application by the accused for a direction allowing the examination of the accused through an intermediary

(1) An application by the accused for direction allowing the accused to be examined through an intermediary under Article 21BA of the 1999 Order shall be made in Form 88K and shall include—
(a) the information sought in Part C of Form 88K; and
(b) any relevant report, including an intermediary’s assessment.
(2) (a) ..., an application under paragraph (1) shall be made not less than 14 days before the date fixed for the commencement of the proceedings to which the application relates.
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The notice under paragraph (1) shall be served on the clerk of petty sessions and at the same time a copy thereof shall be served by the applicant on every other party to the proceedings.
(4) Any party on whom a copy of the notice of the application under paragraph (1) is served may oppose the application for a direction allowing the use of an intermediary, whether or not the question of the conditions set out in Article 21BA (5) or (6) of the 1999 Order for the use of an intermediary is in issue.
(5) Any party who wishes to oppose the application shall, within 7 days of the date the notice under paragraph (1) was served on him, notify the applicant and the clerk of petty sessions in writing of his opposition and give reasons for it.
(6) In order to comply with paragraph (5), a party shall state in the written notification whether he disputes that—
(a) the accused is eligible for a direction allowing the use of an intermediary by virtue of Article 21BA (5) or (6) of the 1999 Order as appropriate; and
(b) allowing the accused to be examined through an intermediary is necessary in order to ensure that the accused receives a fair trial.
(7) Except where notice is received in accordance with paragraph (5), the court may—
(a) determine the application in favour of the applicant without a hearing; or
(b) direct a hearing.
(8) Where a party to the proceedings notifies the clerk of petty sessions in accordance with paragraph (5) of his opposition to the application, the clerk of petty sessions shall fix a date for the hearing of the application.
(9) Where a hearing of the application is to take place in accordance with paragraph (7) or (8), the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing.
(10) A party notified in accordance with paragraph (9) may be present at the hearing and be heard.
(11) The clerk of petty sessions shall, as soon as reasonably practicable, after the determination of an application under paragraph (1), notify all the parties of the decision in Form 88M.
(12) The court may, if it considers that it is in the interests of justice to do so—
(a) allow a notice or application required under this rule to be given in a different form, or orally; or
(b) abridge or extend the time for service of a notice or application required under this rule, either before or after that period expires.

## 149P Discharge or variation of a direction allowing the examination of accused by an intermediary

(1) Subject to paragraph (3), an application to discharge or vary a direction allowing the examination of the accused by an intermediary shall be made in writing.
(2) Any application under paragraph (1) shall be served on the clerk of petty sessions and on each party to the proceedings as soon as reasonably practicable.
(3) Paragraphs (4) to (12) of Rule 149O shall apply to an application to discharge or vary a direction allowing the examination of the accused by an intermediary as they apply to an application for such a direction.

## 149Q Declaration by an intermediary acting for either a witness or an accused

(1) The declaration required to be taken by an intermediary under Article 17(5) or 21BA(9) of the 1999 Order shall be as set out in Form 88N.
(2) A copy of the declaration made by the intermediary shall be served on the clerk of petty sessions and on each party to the proceedings at the time an application for the use of an intermediary under rule 149AA or rule 149O is being made, or as soon as reasonably practicable thereafter.]

## Part IX: RECOGNIZANCES

## 150 Taking of recognizances

(1) Every recognizance shall specify in full the name and address of each party bound and the amount in which each party is bound thereby.
(2) A recognizance may be taken by a district judge (magistrates’ courts), lay magistrate, clerk of petty sessions, or, where the person to be bound thereby is in prison or in a juvenile justice centre or is a surety for such person, the governor or deputy governor of the prison or the person in charge of the [ centre], as the case may be.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where an appellant is in Great Britain a recognizance under Article 149 of the Order may be taken from him by a justice of the peace [lay magistrate] or clerk to the justices or, as the case may be, a sheriff, sheriff depute, sheriff clerk or sheriff clerk depute.
(4) Every recognizance shall be signed by each party acknowledging that he is bound thereby and by the person taking it.
(5) A person authorised to take a recognizance may require a person offering himself as surety to a recognizance to produce evidence as to his means and as to his identity and place of abode and to sign a certificate that he is possessed of sufficient means to pay the sum in which he is to be bound under the recognizance.
(6) Such certificate shall be attached to or endorsed on the recognizance.
(7) Where the party to be bound is a body corporate the recognizance shall be signed by a director or officer thereof.
(8) Where a person has deposited a sum of money or other valuable security with the clerk of petty sessions in lieu of sureties to a recognizance to prosecute an appeal to the county court or by way of case stated to the Court of Appeal, that recognizance may, where the person to be bound is outside Northern Ireland or is ill or is unable to attend at the time when he is required to enter it, be signed by his solicitor on behalf of and in the name of that person.

## 151 Deposit of recognizance with clerk of petty sessions

Without prejudice to Rule 21, where the condition of a recognizance is to appear before a magistrates’ court or to be of good behaviour or to keep the peace or to be of good behaviour and keep the peace, the recognizance shall be deposited with the clerk of petty sessions.

## 152 Recognizances taken under Article 129 or 130 of the Order

(1) Where a person is discharged from custody upon his entering into a recognizance under Article 129 or 130 of the Order the member of the Police Service of Northern Ireland in charge of the [ police station] shall give such person a copy of the recognizance before he leaves the [ police station.]
(2) Where a person is released from custody under Article 130(1)(a) of the Order upon his entering into a recognizance to appear before a magistrates’ court, such recognizance need not be conditioned for his personal appearance before such court if the complaint into which inquiries are being made charges a summary offence.

## 153 Taking of recognizances of accused and sureties where court has certified consent to bail and accused has been remanded in custody

Where an accused has been remanded or committed for trial in custody and the court has certified its consent to his being released on bail, his recognizance or that of surety specified in the certificate may be taken by—
(a) any person referred to in Rule 150(2); or
(b) the member of the Police Service of Northern Ireland in charge of the police station where the accused is in custody prior to commitment to prison,
and after taking such recognizance or recognizances that person or member shall discharge the accused from custody and send the recognizance or recognizances to the clerk of the petty sessions.

## 153A [ Procedure on application for bail following grant of conditional police bail

(1) An application under Article 132A of the Order [ or under Article 48(4) of the Police and Criminal Evidence (Northern Ireland) Order 1989] shall be made by giving notice in Form 91A which shall—
(a) contain a statement of the grounds upon which it is made;
(b) specify the offence in connection with which the applicant was released on bail;
(c) specify, or be accompanied by a copy of the note of, the reasons given by the custody officer for imposing or varying the conditions of bail; and
(d) specify the name and address of any surety provided by the applicant before his release on bail to secure his surrender to custody.
(2) The notice under paragraph (1) shall be served by the applicant—
(a) on the clerk of petty sessions, and
(b) on the custody officer for the police station at which the applicant was granted bail or at which the conditions of his bail were varied.
(3) A notice under paragraph (1) may be served by the applicant or any person authorised by him to serve such notice in accordance with section 24(2) of the Interpretation Act (Northern Ireland) 1954.
(4) The clerk of petty sessions shall give notice of the date, time and place fixed for the hearing of the application to—
(a) the applicant;
(b) the prosecutor; and
(c) any surety provided by the applicant before his release on bail to secure his surrender to custody.
(5) The time fixed for the hearing of the application shall be not later than 72 hours after receipt of the application, excluding weekends, Christmas Day, Good Friday and any bank holiday.
(6) The clerk of petty sessions shall, as soon as reasonably practicable, notify the applicant and any surety specified in the application of the decision of the court in Form 91B.
(7) The notice specified in paragraph (6) shall be served by ordinary first class post (in which case the notice shall be deemed to have been received in the ordinary course of post unless the applicant or, as the case may be, the surety proves that he did not receive it).

## 153B Procedure on reconsideration of a decision to grant bail

(1) An application under Article 133A of the Order] shall be made by giving notice in Form 91C which shall—
(a) contain a statement of the grounds upon which it is made;
(b) specify the offence in connection with which the person to whom this application relates was released on bail;
(c) specify the decision to be reconsidered (including any conditions of bail which have been imposed and why they have been imposed); and
(d) specify the name and address of any surety provided by the person to whom the application relates before his release on bail.
(2) The notice under paragraph (1) shall be served by the applicant—
(a) on the clerk of petty sessions,
(b) on the person to whom the application relates, and
(c) on any surety specified in the application.
(3) The clerk of petty sessions shall give notice of the date, time and place fixed for the hearing of the application to—
(a) the applicant;
(b) the person to whom the application relates; and
(c) any surety specified in the application.
(4) The time fixed for the hearing of the application shall be not later than 72 hours after receipt of the application, excluding weekends, Christmas Day, Good Friday and any bank holiday.
(5) At the hearing of an application under Article 133A of the Order, the court shall consider any representations made by the person to whom the application relates (whether in writing or orally) before taking any decision under that Article with respect to him.
(6) Where the person to whom the application relates does not appear before the court, the court shall not determine the application unless it is satisfied that the notice under paragraph (4) was served on that person before the hearing.
(7) The clerk of petty sessions shall, as soon as reasonably practicable, notify the person to whom the application relates and any surety specified in the application of the decision of the court in Form 91D.
(8) Where the court proceeds in accordance with paragraph (6) to hear the application in the absence of the person to whom it relates and directs that bail be withheld—
(a) the order under Article 133A(4)(b) that the person surrender himself forthwith to the custody of the court shall be in Form 91E and shall be signed by the district judge (magistrates’ court); and
(b) the clerk of petty sessions shall serve a copy of that order on the person to whom the application relates.
(9) Any document required by this Rule to be served on the person to whom the application relates shall be served in accordance with section 24(2) of the Interpretation Act (Northern Ireland) 1954.
(10) Any document required by this Rule to be served on a surety shall be served by ordinary first class post (in which case the document shall be deemed to have been received by him in the ordinary course of post unless the surety proves that he did not receive it).]

## 153C [ Compassionate bail

(1) An application for compassionate bail under section 91 of the Justice Act (Northern Ireland) 2011 shall be made by giving notice in Form 96A.
(2) The notice under paragraph (1) must be served by the applicant on the clerk of petty sessions and the Director of Public Prosecutions for Northern Ireland.
(3) An application under paragraph (1) must be listed by the clerk of petty sessions not later than 72 hours after receipt of the application by the clerk of petty sessions, excluding weekends, Christmas Day, Good Friday and any bank holiday.
(4) The clerk of petty sessions must inform the defendant, the Director of Public Prosecutions for Northern Ireland and the governor of the prison or other place in which the defendant is being detained of the time and place of the hearing.
(5) The clerk of petty sessions shall, as soon as reasonably practicable after the determination of the application under paragraph (1), notify the defendant, the Director of Public Prosecutions and the governor of the prison or other place in which the defendant is being detained of the decision of the court in Form 96B.]

## Part X: APPEALS

## 154 Notice of appeal, recognizances, etc.

(1) The notice of appeal to be given to the other party and the copy of the notice to be lodged with the clerk of petty sessions under Article 144(1) of the Order shall be prepared and signed by the appellant or by his solicitor or other authorized agent and shall contain his address or that of his solicitor or other duly authorized agent.
(2) Where an appeal is against conviction or sentence or both conviction and sentence the notice of appeal shall so state and, where the appeal is against more than one conviction or sentence, only one notice need be given to the other party and only one copy thereof need be lodged with the clerk of petty sessions and such notice shall specify the convictions or sentences which are the subject of the appeal.
(3) Every copy of the said notice lodged with the clerk of petty sessions shall be endorsed with the date upon which and the manner in which the notice was so given.
(4) As soon as practicable after the clerk of petty sessions has received the copy of the notice of appeal and the appellant has, where he is required to do so, entered into a recognizance under Article 148 or Article 149 of the Order the district judge (magistrates’ courts) or lay magistrate from whose conviction or order the appeal is to be brought or the clerk of petty sessions shall sign a separate form (in these Rules referred to as a “form of appeal”) setting out the terms of each conviction or order separately appealed against which shall include a certificate signed by the clerk of petty sessions to the effect that notice of appeal has been given and that such recognizance has, where necessary, been duly entered.
(5) Where a notice of appeal refers to more than one conviction or order, only one recognizance under Article 148 or under Article 149 of the Order suitably adapted need be entered into by the appellant.

## 155 Documents to be sent to the chief clerk and to the parties to the appeal

(1) As soon as practicable after complying with Rule 154 the clerk of petty sessions shall send to the chief clerk ...—
(a) the copy of the notice of appeal;
(b) the recognizance, if any, entered into by the appellant under Article 148 or Article 149 of the Order;
(c) the form of appeal duly completed; [...]
(d) 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 appellant), and];
[(e a copy of any entry in the Order Book made in pursuance of Article 10(7); 13(9); 15(4) or 19(5) of the 1996 Order, or under Rule 125A.]
(2) The clerk of petty sessions shall at the same time send to the appellant and to the respondent a copy of the form of appeal.

## 156 Procedure after appeal to county court is determined

(1) After the county court has decided an appeal from a magistrates’ court, the chief clerk ..., within seven days of such decision,
(a) shall certify such decision; and
(b) in any case in which the county court has determined that a right or rights of the appellant under Article 5 of the Convention were infringed by the making of the order to which the appeal relates shall so specify, at the foot of the form of appeal and shall transmit the form of appeal to the clerk of petty sessions who shall enter the details referred to in sub-paragraphs (a) and (b) as appropriate in his Order Book.
(2) In this Rule, “the Convention” has the same meaning as in section 21 of the Human Rights Act 1998.]

## 157 Return of Recognizance where notice of abandonment of appeal to the county court has been given

After he receives a notice of abandonment of an appeal to the county court the chief clerk ... shall return any recognizance of the appellant entered into under Article 148 or 149 of the Order to the clerk of petty sessions.

## 158 Contents of and signature upon written application for case stated

A written application under Article 146 of the Order for a case to be stated for the opinion of the Court of Appeal shall—
(a) specify the point of law involved in the determination by the magistrates’ court of the proceedings or any issue as to its jurisdiction; and
(b) be prepared and signed by the appellant or his solicitor or counsel and contain his address or that of his solicitor.

## 159 Notification of decision to grant application for case stated

As soon as the court grants an application for a case stated, it shall notify the parties to the proceeding of its decision to grant the application.

## 159A Notification of decision in an application for case stated in relation to proceedings under section 59 of the Crime (International Co-operation) Act 2003

Where an application has been made to a district judge (magistrates’ courts) to state a case in relation to proceedings under section 59 of the Crime (International Co-operation) Act 2003, and the Court of Appeal has suspended the recognition of the disqualification under section 62(3) of that Act, the applicant shall notify the proper officer, as soon as practicable, if —
(a) the applicant abandons the application to state a case; or
(b) the district judge (magistrates’ courts) refuses to state a case and the applicant does not intend to apply to the Court of Appeal to compel him or her to do so.]

## 160 Preparation and contents of case stated

(1) A case stated by a magistrates’ court under Article 146 of the Order shall be prepared and signed by the district judge (magistrates’ court) or where the decision on which the case is stated was made in a proceeding brought for the prosecution of an offence specified in Part II of Schedule 1 to the Order and was heard by a lay magistrate other than a district judge (magistrates’ court), by such justice.
(2) A district judge (magistrates’ court) or lay magistrate in preparing a case stated shall refer copies of the draft thereof to the parties to the proceeding in which the decision was made upon which the case is to be stated.
(3) Without prejudice to paragraph (1), after copies of the draft case stated have been referred to the parties under paragraph (2) any party may make written representations to the district judge (magistrates’ court) or lay magistrate on such draft within such time as the district judge (magistrates’ court) or lay magistrate may fix and a copy of the document in which such representations are made, dated and signed by the party making the same or his solicitor, shall be served by such party on any other party to the proceeding or his solicitor.
(4) A case stated by a magistrates’ court shall state the facts found by the court and, unless one of the questions on which the opinion of the Court of Appeal is sought is whether there was evidence on which the magistrates’ court could come to its decision, shall not contain a statement of the evidence.

## 161 Appellant to be told of his right to apply to the High Court for release from custody or reduction of bail pending hearing of appeal

Where a magistrates’ court or any lay magistrate ... refuses to allow a person to be released from custody or has fixed the amount of a recognizance under Article 148(1) of the Order pending his appeal to the county court or by way of case stated to the Court of Appeal, the magistrates’ court or justice shall inform him of his right to apply to the High Court or to a Judge thereof in accordance with paragraphs (2) and (3) of Article 148 of the Order for his release from custody or for reduction of the amount of the recognizance he or any surety has been required to enter or of the amount of any security to be given in lieu of sureties to the recognizance.

## 161A Procedure where prosecution appeals against grant of bail by magistrates’ court

(1) Where the prosecution wishes to exercise the right of appeal, under section 10 of the Justice (Northern Ireland) Act 2004 (hereafter in this Rule referred to as “the 2004 Act”), to the High Court against a decision to grant bail, the oral notice of appeal shall be given, by the prosecution, to the clerk of the court and to the person concerned, at the conclusion of the proceedings in which such bail was granted and before the release of the person concerned.
(2) On receipt of the oral notice of appeal, the clerk of the court shall announce in open court the time at which the notice was given.
(3) A record of the prosecution’s decision to appeal and the time the oral notice of appeal was given shall be made in the Order Book.
(4) Where oral notice of appeal has been given the court shall remand in custody the person concerned until the appeal is determined or otherwise disposed of by a warrant of commitment in Form 10C.
(5) The written notice of appeal required by section 10(5) of the 2004 Act shall be in Form 91F and shall be served, by the prosecution, on the clerk of petty sessions and the person concerned within the two hour period referred to in section 10(5) of the 2004 Act.
(6) The written notice of appeal served on the clerk of petty sessions shall be endorsed with the manner in which and the time at which it was served on the person concerned.
(7) A record of the time at which the written notice of appeal was received by the clerk of petty sessions shall be made in the Order Book.
(8) As soon as practicable after written notice of appeal is served on him, the clerk of petty sessions shall serve a copy of that notice, endorsed with the time at which it was served, on the person having custody of the person concerned.
(9) If, having given oral notice of appeal, the prosecution fails to serve a written notice of appeal within the two hour period referred to in section 10(5) of the 2004 Act the clerk of petty sessions shall, as soon as practicable, by way of written notice in Form 91G to the person in whose custody the person concerned is, direct the release of the person concerned on bail as granted by the court and subject to any conditions which it imposed.
(10) Notice of abandonment of appeal shall be in Form 91H and shall be served, by the prosecution, on the clerk of petty sessions and on the person concerned.
(11) As soon as practicable after notice of abandonment of appeal is served on him, the clerk of petty sessions shall, by way of written notice in Form 91I to the Governor of the prison where the person concerned is being held, or the person responsible for any other establishment where such a person is being held, direct his release on bail as granted by the magistrates’ court and subject to any conditions which it imposed.
(12) A record of the prosecution’s failure to serve a written notice of appeal, or its service of a notice of abandonment, shall be made in the Order Book.
(13) As soon as practicable after written notice of appeal has been served on the clerk of petty sessions, he shall send to the appropriate officer of the High Court -
(a) a copy of that written notice; and
(b) a note of the date, or dates, when the person concerned is next due to appear in the court, whether he is released on bail or remanded in custody by the High Court.
(14) Expressions used in this Rule and in section 10 the 2004 Act have the same meaning as in section 10 of the 2004 Act.]

## Part XI: MISCELLANEOUS

## 162 Adjournments in proceedings upon summons, etc., where date of resumption thereof to be fixed

(1) Where proceedings commenced by summons upon complaint are adjourned and the defendant is not remanded in custody or upon bail and the time and place at which the proceedings are to be resumed are, in accordance with Article 161(3) of the Order left to be determined later by the court, the original summons shall be returned by the clerk of petty sessions to the complainant.
(2) Where the court has determined such time and place, the clerk of petty sessions shall serve notice thereof upon the complainant and the defendant and the complainant shall relodge the original summons with the said clerk a reasonable time before the time specified in the notice.
(3) Without prejudice to the provisions of section 24 of the Interpretation Act (Northern Ireland) 1954 as to the manner in which any document may be served, such notice may be served in any manner directed by a district judge (magistrates’ court) (including service thereof upon a solicitor representing that he is authorised to accept service on behalf of the defendant) and the court before which the proceedings are resumed may declare the service of the notice, however effected, sufficient.
(4) This Rule shall, subject to any direction of the court, apply also to proceedings before a magistrates’ court commenced by notice of application or notice of appeal as though for reference to the original summons or the defendant there were substituted a reference to such notice of appeal or application or the respondent, as the case may be.

## 163 Remands in hospital

Where a person has been arrested and charged with an offence and by reason of illness has been taken to hospital before being remanded by a magistrates’ court, a court sitting out of petty sessions in the precincts of the hospital may, instead of remanding him by committing him to prison, if it appears expedient to do so, remand him under Article 47 of the Order in the custody of the governor of the appropriate prison and under the control of a prison officer for the purposes of section 18 of the Prison Act (Northern Ireland) 1953.

## 164 Service of copy of order to which Article 98 of the Order applies

Where the court makes, revokes, discharges, revives or varies an order to which Article 98 of the Order applies, the court shall cause a copy of its order to be served on the player and on the payee under the Order delivering it to him or by sending it by ordinary post in an envelope addressed to him at his last known or usual place of abode.

## 165 [Interpretation of Rules 166 to 170

In rules 166 to 170—
(a) “the Act” means the Coroners and Justice Act 2009;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a section referred to by number means the section so numbered in the Act; and
(d) expressions which are defined in the Act have the same meaning in these Rules as they have in the Act.

## 166 Application for an investigation anonymity order

(1) An application for an investigation anonymity order shall—
(a) be made in writing setting out how the conditions specified in section 78(3) to (8) of the Act are satisfied;
(b) identify the person to be specified in the order, unless the court otherwise directs; and
(c) attach any material on which the applicant intends to rely.
(2) The applicant shall indicate if he or she intends to appeal a refusal to make an investigation anonymity order—
(a) in the application for the order; or
(b) if there is a hearing of the application, at the hearing.
(3) The applicant shall serve a copy of the application under paragraph (1) on the clerk of petty sessions.
(4) Where a hearing is directed, the clerk of petty sessions shall fix a date for the hearing of the application and notify the applicant of the time and place of hearing.
(5) At a hearing of an application under paragraph (1), the applicant shall, if he or she has not already done so, inform the court of the identity of the person to be specified in the order, unless the court otherwise directs.
(6) The clerk of petty sessions shall, as soon as practicable, after the determination of an application under paragraph (1), notify the applicant of the decision in Form 126.

## 167 Appeal against refusal to make an investigation anonymity order

(1) A notice of appeal against a refusal of an application made under section 77, shall—
(a) be made in writing, setting out the grounds of appeal; and
(b) be lodged with the clerk of petty sessions within 14 days of the date on which the decision which is the subject of the appeal was made.
(2) The appellant shall inform the court of the identity of the person to be specified in the order, if he or she has not already done so—
(a) in the notice of appeal; or
(b) at the hearing of the appeal,
unless the court otherwise directs.

## 168 Application to discharge an investigation anonymity order

(1) An application to discharge an investigation anonymity order under section 80 shall—
(a) be made in writing;
(b) set out the material change of circumstances since the order was made, or since any previous application was made to discharge it, explaining why it is appropriate for the order to be discharged;
(c) inform the court if the applicant intends to appeal against a decision of the court regarding the discharge of the order; and
(d) attach a copy of the original order along with any material on which the applicant intends to rely.
(2) A copy of an application under paragraph (1) shall be served, by the applicant, as soon as reasonably practicable on the clerk of petty sessions, and where not the applicant, on—
(a) the person on whose application the relevant investigation anonymity order was made; or
(b) the specified person.
(3) The clerk of petty sessions shall fix a date for the hearing of the application and shall notify the applicant and any other person to whom notice of the application has been given, of the time and placing of hearing.
(4) The clerk of petty sessions shall, as soon as practicable, after the determination of an application under paragraph (1), notify the parties of the decision in Form 126.

## 169 Appeal against decision to discharge an investigation anonymity order

(1) A notice of appeal against the decision of the court in respect of an application under section 80 shall—
(a) be made in writing, setting out the grounds of appeal; and
(b) be lodged with the clerk of petty sessions within 14 days of the date on which the decision which is the subject of the appeal was made.
(2) The appellant shall serve a copy of the notice under paragraph (1) on any party notified of the application to discharge under rule 168(2).

## 170 Hearings

A hearing under section 77 or an appeal under sections 79 and 80(6) shall be in private, unless the court otherwise directs.]

## 171 [ Application for the closure of licensed premises and premises of registered clubs

(1) An application under Article 41A of the Registration of Clubs (Northern Ireland) Order 1996 or Article 69A of the Licensing (Northern Ireland) Order 1996 shall be made in writing and shall specify—
(a) the name and address of the premises in respect of which the order is sought;
(b) the grounds for seeking the order, in particular details of the disorder or expected disorder;
(c) the period for which the order is sought,
and shall attach any relevant evidence.
(2) The application under paragraph (1) shall be served by the applicant on the clerk of petty sessions.
(3) Where a hearing is directed, the clerk of petty sessions shall fix a date for the hearing of the application and notify the applicant of the time and place of the hearing.
(4) The clerk of petty sessions shall, as soon as practicable, after the determination of a hearing under paragraph (3), notify the applicant of the decision.

## 172 Consideration and extension of a closure order

(1) An application for the consideration and extension of a closure order under Article 41E of the Registration of Clubs (Northern Ireland) Order 1996, or Article 69E of the Licensing (Northern Ireland) Order 1996, shall be made in Form 127 and shall attach a copy of the closure order which is currently in force in respect of the premises.
(2) The application under paragraph (1) shall be served by the applicant on the clerk of petty sessions and on every other party to the proceedings.
(3) Any party on whom an application is served in accordance with paragraph (2) may oppose the application.
(4) Any party who wishes to oppose the application shall, as soon as reasonably practicable after the application is served on him, and in any event at least 24 hours before the date fixed for the hearing of the application, notify the applicant and the clerk of petty sessions in writing of his opposition and give reasons.
(5) The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties to the proceedings of the decision of the court.

## 173 Appeal against a decision in respect of a closure order

(1) A notice of appeal against a decision of the court in respect of an application under Article 41E of the Registration of Clubs (Northern Ireland) Order 1996 or Article 69E of the Licensing (Northern Ireland) Order 1996 shall be—
(a) made in writing, setting out the grounds of appeal; and
(b) served by the appellant on all parties to the proceedings.]

## 174 [ Application for access to premises under section 94(1) of the Justice Act (Northern Ireland) 2015

(1) In this rule—
“applicant” means a person making an application under section 94(1) of the Justice Act (Northern Ireland) 2015 and “application” shall be construed accordingly;
“interested person” means any person other than the occupier appearing to the court to have an interest in an application made under section 94(1) of the Justice Act (Northern Ireland) 2015; and
“PPS” means the Public Prosecution Service for Northern Ireland.
(2) An application under section 94(1) of the Justice Act (Northern Ireland) 2015 shall be made by serving notice in Form 128 on the clerk of petty sessions and at the same time, the applicant shall serve a copy thereof on—
(a) the occupier of the premises; and
(b) the PPS.
(3) Where it appears to the court that there is an interested person, unless the court directs otherwise, that person shall be served forthwith by the applicant with notice of the application.
(4) Where—
(a) an occupier or an interested person wishes to make representations to the court as to the conditions to be imposed under section 94(7); or
(b) the PPS wishes to oppose an application,
notice in writing, giving reasons, shall be given to the clerk of the petty sessions and the applicant within 7 days of service of the notice under paragraph (2).
(5) Except where notice is received in accordance with paragraph (4), the court may—
(a) determine the application in favour of the applicant without a hearing; or
(b) direct a hearing.
(6) Where notice is received in accordance with paragraph (4), the clerk of petty sessions shall fix a date for hearing of the application.
(7) Where a hearing of the application is to take place in accordance with paragraphs (5) or (6), the clerk of petty sessions shall notify the applicant and every person served under paragraphs (2) and (3) of the time and place of the hearing.
(8) The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application, serve a copy of the order on the applicant and every person served under paragraphs (2) and (3).
(9) The court may, if it considers that it is in the interests of justice to do so—
(a) allow a notice required by this rule to be given orally;
(b) abridge or extend the time for service of a notice required by this rule, either before or after that time expires; or
(c) dispense with the requirement for service of a notice required by this rule.]

## Signature

Hailsham of St. Marylebone. C
Dated 26th June 1984

## Schedule 1: FORMS

### Group: Criminal Proceedings

## A. Forms used in connection with both Summary Tria 

FORM 1
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 20; Rules 7 and 17)
Complaint
...
...
[FORM 2
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 20(1), (2) and (3); Rule 8)
JUSTICE ACT (NORTHERN IRELAND) 2015
(Section 93)
Summons to Defendant to answer Complaint
...
[ FORM 2B
ROAD TRAFFIC OFFENDERS (NORTHERN IRELAND) ORDER 1996
(Articles 11, 28(5), 29, 49)
ROAD TRAFFIC (NEW DRIVERS) (NORTHERN IRELAND) ORDER 1998
(Schedule 1, paragraph 3(2), (3) and (5))
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 8(7))
Endorsement on Summons of requirement to produce licence and its counterpart and/or test certificate
...
[ FORM 3
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 24(1A)(a); Rule 10)
Notice to Defendant: Plea of Guilty by post
[ FORM 4
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
[ (Article 24(1A)(b)]; Rule 10)
Statement of Facts
FORM 5
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 24(1); Rule 10)
Certificate by Complainant of Service of Defendant of Form 3 and 4/Witness Statement(s)*
[ FORM 6
(Article 24(2); Rules 10 and 12A)
Acknowledgment of Service; Notification of Plea of Guilty by Post and Statement of Mitigating Circumstances; Indication of intended plea.
[ FORM 6A
ROAD TRAFFIC OFFENDERS (NORTHERN IRELAND) ORDER 1996
Articles 12 and 27)
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 24(2); Rules 10 and 12A)
Acknowledgment of Service; Notification of Plea of Guilty by Post for offences involving obligatory or discretionary disqualification from driving;
Indication of intended Plea.
FORM 7
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 125; Rule 23(6))
Notice of Intention to Cite Previous Convictions
...
...
[(a) FORM 8B
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 118)
(Rules 14 and 143)
Warrant of Arrest for Witness
[ FORM 8C
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 118; Rules 14 and 143)
Warrant of Arrest
...
FORM 9
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 129; Rule 16)
Bail Endorsement on Warrant of Arrest
...
FORM 10
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 47, 50 and 51; Rules 14 and 143)
Warrant of Commitment on Remand [for enquiries after Conviction or for Medical Examination]
[ FORM 10A
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 47(4A); Rules 14 and 143)
Warrant of Commitment to Detention at a Police Station
[ FORM 10B
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 47(4B); Rules 14 and 143)
Warrant of Commitment to Custody of a Constable
[ FORM 10C
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 161A)
JUSTICE (NORTHERN IRELAND) ACT 2004
(Section 10)
Warrant of Commitment following Prosecution giving Oral Notice of Appeal against Grant of Bail
FORM 11
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 37 and 47; Rule 16)
Consent to Bail on Remand
[ FORM 11A
MAGISTRATES COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 16)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Articles 5(5)(a), 28(2)(b), Schedule 2; [ paragraphs 2(4)] and 9(2)(b))
Consent to Bail
FORM 12
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 49; Rules 14 and 143)
Warrant of Commitment on further Remand of Person in Custody unable to appear by reason of Illness or Accident
FORM 13
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 47(5))
Order to have Defendant brought before the Court before Expiration of Period of Remand
[ FORM 14
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 15, 125A and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 19, 21)
Warrant of Commitment on Sentence of Imprisonment/Detention
[ FORM 14ZA
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 15, 125A and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008
(Articles 5 and 9)
Warrant of Commitment on Determinate Custodial Sentence
FORM 14A
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 7, 17 and 126B)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 27)
Complaint on failure to comply with licence condition(s)
FORM 14B
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 8 and 126B)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 27)
Summons to Defendant on failure to comply with licence condition(s)
FORM 14C
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14, 126B and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 27)
Warrant for arrest on failure to comply with licence condition(s)
FORM 14D
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 15, 126B and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 27)
Warrant of Commitment where person is [(a) returned] to prison under Article 27 of the Criminal Justice (Northern Ireland) Order 1996
[ FORM 14DA
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14, 15 and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 27)
Warrant of Commitment to the Crown Court under Article 27(3) of the Criminal Justice (Northern Ireland) Order 1996
FORM 14E
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 15, 126B and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 28(2)(b))
Warrant of Commitment to Crown Court under Article 28(2)(b) of the Criminal Justice (Northern Ireland) Order 1996
FORM 14F
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 15, 126B and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 28(1))
Warrant of commitment where person is ordered under Article 28(1) of the Criminal Justice (Northern Ireland) Order 1996 to be returned to prison

## C. Forms used in connection with Preliminary Inves 

FORM 15
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 32(1)(b)(i); Rules ... 32(5) and (6))
Statement of Complaint(s)
[ ... Form 15A]
[(a) FORM 15B
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AA)
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Article 7)
FORM OF APPLICATION FOR A SPECIAL MEASURES DIRECTION UNDER ARTICLE 7 OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
[(a) FORM 15C
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AA)
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Article 7)
NOTICE OF DECISION ON APPLICATION FOR A SPECIAL MEASURES DIRECTION UNDER ARTICLE 7 OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
[ FORM 15D
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AI)
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Article 24)
Application by Prosecutor for a Direction Under Article 24 of the Criminal Evidence (Northern Ireland) Order 1999 Prohibiting the Defendant from Cross-examining a particular witness
FORM 15E
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 149AJ and 149AL)
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Article 26)
Notice to the Clerk of Petty Sessions of an appointment by the Defendant of a Legal Representative
FORM 15F
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AJ)
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Article 26)
NOTICE BY CLERK OF PETTY SESSIONS OF A DECISION OF THE COURT [ON APPLICATION BY THE DEFENDANT]* FOR AN EXTENSION OF TIME TO APPOINT A LEGAL REPRESENTATIVE
FORM 15G
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AL)
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Article 26)
Notice to the Clerk of Petty Sessions by a qualified legal representative (Appointed by the Court) that he has now been appointed by the Defendant
FORM 15H
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AL)
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Article 26)
Notice by the Clerk of Petty Sessions of the discharge of the person appointed by the Court
FORM 15I
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AM)
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Article 28(2))
NOTICE TO THE CLERK OF PETTY SESSIONS OF AN APPLICATION FOR LEAVE TO ADDUCE EVIDENCE UNDER ARTICLE 28(2) OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
FORM 15J
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AM)
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Article 28(2))
NOTICE TO THE CLERK OF PETTY SESSIONS WHETHER OR NOT THE PROSECUTOR OPPOSES THE APPLICATION MADE UNDER ARTICLE 28(2) OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
FORM 15K
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AM)
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Article 28(2) and 30(3))
Request by the Court for a Party to the Proceedings to provide information in relation to an application for leave to adduce evidence under Article 28(2)
FORM 15L
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AM)
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Article 28(2) and 30(3))
Notice of the decision of the Court on an application for leave to adduce evidence under Article 28(2)
[(a) FORM 15M
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AN)
YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999
(Section 46)
Application for a reporting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999
FORM 15N
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AO)
YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999
(Section 46)
Application for an excepting direction under section 46(9) of the Youth Justice and Criminal Evidence Act 1999
FORM 15O
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AP)
YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999
(Section 46)
Application for [revocation of a reporting direction] [variation of an excepting direction] [revocation of an excepting direction] under section 46 of the Youth Justice and Criminal Evidence Act 1999
FORM 15P
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AQ)
YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999
(Section 46)
Notice of decision on application for [reporting direction] [excepting direction] [revocation of reporting direction] [variation or revocation of excepting direction] made in accordance with section 46 of the youth justice and criminal evidence act 1999
FORM 16
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 30(2), 34(2) and 39; Rules 26, 27 and 35)
Deposition of a Witness
FORM 17
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 37, 40 and 47; Rules 14 and 143)
Warrant of Commitment for Trial
FORM 18
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 39(5); Rules 14 and 143)
Warrant of Commitment of Witness for refusing to enter Recognizance
FORM 19
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 37(4), 39(5) and 148(1); Rules 14, 16(3) and 143)
Warrant for Discharge

## D. Forms used in connection with Preliminary Inqui 

...
...
...
FORM 23
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 32(4))
List of Witnesses and Number of Pages in Statement of Evidence of each Witness
FORM 24
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 32(1)(b)(iii); Rule 32(5))
List of Exhibits to be Produced or Referred to by Witness whose Written Statement is to be Tendered at a Preliminary Inquiry
FORM 26
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 33; Rule 39)
Statement of Witness to be Tendered in Evidence at Preliminary Inquiry
FORM 27
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 41)
Authenticating Certificate of Clerk of Petty Sessions

## E. Forms used in Connection with Committal for Tri 

FORM 28
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 40(1))
Certificate of Indictment having been Presented
FORM 29
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 40(3); Rules 14 and 143)
Warrant to arrest Person Indicted

## F. Forms used in connection with Summary Trial of  

FORM 30
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 20 and 45; Rules 8 and 44(1))
Summons to Defendant to answer Complaint charging an Indictable Offence specified in Schedule 2 to the Order
[... ] FORM 30A
FORM 31
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 45; Rule 44(1))
Notice under Article 45 of the above Order of 1981 to be given to an arrested person accused of an offence specified in Schedule 2 to that Order as soon as practicable after he has been formally charged with such Offence
[... ] FORM 31A
FORM 32
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 45; Rule 44(2))
Written Waiver of Requirement of Notice under Article 45 of the Order
[... ]

## DEBT PROCEEDINGS

FORM 33
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 62; Rules 55, 57 and 84)
Process in Debt Proceedings
FORM 34
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 85)
Notice of Set-off or Counterclaim in Debt Proceedings
FORM 35
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 90(1))
Notice of Lodgment in Court of Amount Tendered
FORM 36
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 74; Rule 79)
Decree in Debt Proceedings
FORM 37
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 116; Rule 91)
Affidavit/Statutory Declaration of Default in Payment of Instalment in support of Application for Issue of Decree Hitherto Postponed on Terms
FORM 38
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 2(3) and 73(6); Rules 74 and 79)
Dismiss in Debt Proceedings
FORM 39
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 65)
FORM 40
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 65(4))

## EJECTMENT PROCEEDINGS

FORM 41
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 67; Rules 55, 57 and 95)
Process in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies
FORM 42
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 67, 69 and 72(3); Rules 55, 57 and 95(5))
Process in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies and for the Recovery Arrears of Rent or Sums due under Article 69 of the Order
FORM 43
MAGISTRATES’ COURTS (NORTHERN IRELAND)ORDER 1981
(Article 67; Rules 55, 57 and 95(3))
Process in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (b) of Article 67(1) of the Order Applies
FORM 44
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 67 and 71; Rules 55, 57 and 95(4))
Process in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (c) of Article 67(1) of the Order Applies
FORM 45
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 67 and 74; Rule 79)
Decree for Recovery of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies
FORM 46
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 67, 69, 72(3) and 74; Rule 79)
Decree for Recovery of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies and for the Recovery of Arrears of Rent or Sums due under Article 69 of the Order
FORM 47
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 67 and 74; Rule 79)
Decree for Recovery of Lands or Premises to which sub-paragraph (b) of Articles 67(1) of the Order Applies
FORM 48
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 67, 71 and 74; Rule 79)
Decree for Recovery of Lands or Premises to which sub-paragraph (c) of Article 67(1) of the Order Applies
FORM 49
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 2(3), 67, 73 and 74; Rules 74 and 79)
Dismiss in Ejectment Proceedings in Respect of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies
FORM 50
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 2(3), 67, 69, 72(3), 73 and 74; Rules 74 and 79)
Dismiss in Ejectment Proceedings in respect of Land or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies and where Arrears of Rent or Sums due under Article 69 of the Order were Claimed
FORM 51
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 2(3), 67 and 73; Rules 74 and 79)
Dismiss in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (b) of Article 67(1) of the Order Applies
FORM 52
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 2(3), 67, 71 and 73; Rules 74 and 79)
Dismiss in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (c) of Article 67(1) of the Order Applies
FORM 53
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 65)
FORM 54
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 65(4))

## APPEALS AND APPLICATIONS TO MAGISTRATES’ COURTS

FORM 55
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 76; Rule 97)
Notice of Appeal to Magistrates’ Court
[FORM 55A
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 76; Rules 97 and 97A)
CRIME (INTERNATIONAL CO-OPERATION) ACT 2003
(Sections 59 and 62)
Notice of Appeal to Magistrates’ Court
FORM 56
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 76; Rule 97)
Notice of Application to Magistrates’ Court

## PROCEEDINGS ON COMPLAINT IN A CIVIL MATTER

FORM 57
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 79; Rule 8)
Summons to Defendant to Answer Complaint
FORM 58
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 79 and 86; Rule 8)
Summons to Vary, etc., Order for Periodical Payment
FORM 59
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 86)
Order Varying, etc., Order for Periodical Payment

### Group: SATISFACTION AND ENFORCEMENT OF ORDERS

## A. Orders in Criminal Proceedings 

FORM 61
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 92(1)(a); Rules 14, 105, 143 and 144)
Warrant of Distress of Sum Adjudged to be Payable by a Conviction
[ FORM 61A
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 92; Rules 105, 143 and 144)
ROAD TRAFFIC OFFENDERS (NORTHERN IRELAND) ORDER 1996
Justice Act (Northern Ireland) 2016; Section 9
Warrant of Distress for Sum Registered under Article 76 of the Road Traffic Offenders (Northern Ireland) Order 1996
FORM 62
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 91 and 92(1)(b); Rules 14, 105 and 143)
Warrant of Commitment for Sum Adjudged to be Payable by a Conviction
[FORM 62A
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 91 and 92(1)(b); Rules 14, 105 and 143)
ROAD TRAFFIC OFFENDERS (NORTHERN IRELAND) ORDER 1996
Justice Act (Northern Ireland) 2016; Section 9
Warrant of Commitment for Fine Registered under Article 76 of the Road Traffic Offenders (Northern Ireland) Order 1996
FORM 62C
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 7, 17 and 106A)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008
(Schedule 3, paragraph 5)
Complaint for failure to comply with requirement(s) of supervised activity order
FORM 62D
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 8 and 106A)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008
(Schedule 3, paragraph 5)
Summons to Defendant for failure to comply with requirement(s) of supervised activity order
FORM 62E
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14 and 106A)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008
(Schedule 3, paragraph 5)
Warrant for arrest on failure to comply with requirement(s) of supervised activity order
FORM 62F
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14 and 106A)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008
(Schedule 3, paragraph 5)
Order on failure to comply with requirement(s) of supervised activity order
FORM 62G
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 106A)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008
(Schedule 3, paragraph 6)
Notice of Application for [Amendment] [Extension]
[Revocation] of supervised activity order
FORM 62H
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(RULES 8 AND 106A)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008
(SCHEDULE 3, PARAGRAPH 6)
Summons to Defendant to [Amend] [Extend] [Revoke] a supervised activity order
FORM 62I
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(RULES 14, 106A AND 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008
(SCHEDULE 3, PARAGRAPH 6)
Warrant for Arrest of Defendant on failure to appear in answer to summons to [Amend] [Extend] [Revoke] a supervised activity order
FORM 62J
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14 and 106A)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008
(Schedule 3, paragraph 6)
Order to [Amend] [Extend] [Revoke] a supervised activity order
FORM 62K
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 15 and 106A)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008
(Schedule 3, paragraphs 5 and 6)
Warrant of Commitment on [failure to comply with requirement(s)] [revocation] of a supervised activity order
FORM 62L
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 15, 105, 106A and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008
(Schedule 3, paragraph 5(3))
Warrant of commitment to the Crown Court on failure to comply with requirement of a supervised activity order
[FORM 62M
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 91 and 92; Rules 14, 105 and 143)
JUSTICE ACT (NORTHERN IRELAND) 2011
Justice Act (Northern Ireland) 2016; Section 9
Warrant of Commitment for Sum Registered under Section 67 of the Justice Act (Northern Ireland) 2011
FORM 63
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 15, 108 and 143)
TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968
(Schedule 19(1)(a) or (b)
Warrant of Commitment on Commission of Further Offence during Operational Period of Suspended Sentence
[ FORM 63A
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14 and 125)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 4)
Order for [absolute] [conditional] discharge
FORM 63B
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 7, 17 and 125)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 5)
Complaint on Commission of Further Offence During Period of Conditional Discharge
FORM 63C
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 8 and 125)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 5)
Summons to Defendant on Commission of Further Offence During Period of Conditional Discharge
FORM 63D
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14, 125 and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 5)
Warrant for Arrest on Commission of Further Offence During Period of Conditional Discharge
FORM 63E
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 15, 125 and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 5(5)(a))
Warrant of Commitment to the Crown Court on Commission of Further Offence By Person in whose case an Order for Conditional Discharge has been made
FORM 64
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 8)
TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968
(Section 21)
Summons on Complaint for Appearance before Court by which a Suspended Sentence has been Passed
FORM 65
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14 and 143)
TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968
(Section 21)
Warrant for Arrest of Person upon whom a Suspended Sentence has been Passed
FORM 66
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 15 and 143)
TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976
(Article 3)
Warrant of Commitment where Person is ordered under Article 3(1) of the Treatment of Offenders (Northern Ireland) Order 1976 to be Returned to Prison
FORM 67
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 15 and 143)
TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976
(Article 3(4))
Warrant of Commitment to the Crown Court under Article 3(4) of the Treatment of Offenders (Northern Ireland) Order 1976
FORM 68
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 8)
TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976
(Article 5)
Summons upon complaint that Person has been Convicted as mentioned in Article 3(1)(a) of the Treatment of Offenders (Northern Ireland) Order 1976 after his Discharge from Prison and has not been Ordered to be Returned to Prison or Young Offenders Centre
FORM 69
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14 and 143)
TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976
(Article 5)
Warrant for Arrest of Person who has been Convicted as mentioned in Article 3(1)(a) of the Treatment of Offenders (Northern Ireland) Order 1976 after his Discharge from Prison and who has not been Ordered to be Returned to Prison or Young Offenders Centre
[ FORM 69A
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14 and 126)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 10)
Probation Order
FORM 69B
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14 and 126)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 13)
Community Service Order
FORM 69C
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14 and 126)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 15)
Combination Order
FORM 69D
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 7, 17 and 126)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Schedule 2, paragraph 2)
Complaint for failure to comply with requirement(s) of [probation] [community service] [combination] order
FORM 69E
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 8 and 126)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Schedule 2, paragraph 2)
Summons to Defendant for failure to comply with requirement(s) of [probation] [community service] [combination) order
FORM 69F
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14, 126 and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Schedule 2, paragraph 2)
Warrant for Arrest on failure to comply with requirement(s) of [probation] [community service] [combination] order
FORM 69G
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14 and 126)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Schedule 2 paragraph 3)
Order on failure to comply with requirement(s) of [probation] [community Service] [combination] order
FORM 69H
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 126)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Schedule 2 paragraphs 7, 9, 12, 13 and 15)
Notice of Application for [Revocation] [Amendment] of [probation] [community service] [combination] order
FORM 69I
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 8 and 126)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Schedule 2 paragraphs 7, 12 and 17)
Summons to Defendant to [Amend] [Revoke] a [probation] [community service] [combination] order
FORM 69J
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14, 126 and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Schedule 2 paragraphs 7 and 17)
Warrant for Arrest of Defendant on Failure to appear in answer to summons to [Amend] [Revoke] a [probation] [community service] [combination] order
FORM 69K
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14 and 126)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Schedule 2 paragraphs 7, 12, 13 and 15)
Order to [Revoke] [Amend] a [probation] [community service] [combination] order
FORM 69L
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 15, 126 and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Schedule 2 paragraphs 3(1)(d), 7(2)(a)(ii))
Warrant of Commitment on [failure to comply with requirement(s)] [revocation] of a [probation] [community service] [combination] order
FORM 69M
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 126A)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Schedule 2 paragraph 3(4))
Certificate of failure to comply with requirement(s) of [probation] [community service] [combination] order
[ FORM 69N
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(RULES 14, 15 AND 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Schedule 2, paragraph 2(2))
Warrant of Commitment to the Crown Court on failure to comply with requirement of a [probation] [community service] [combination] order
FORM 69O
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 126, 126A and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Schedule 2 [ paragraph 9(2)(b))]
Warrant of Commitment to Crown Court on Revocation of [probation] [community service] [combination] order
FORM 69P
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14, 126 and 126A)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 24)
Custody Probation Order
FORM 69Q
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 114; Rules 14, 15, 126 and 143)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996
(Article 24)
Warrant of Commitment on sentence of Custody Probation Order
FORM 70
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 95; Rule 108)
Transfer of Fine Order
FORM 71
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 95 and 96; Rule 108)
Further Transfer of Fine Order
[FORM 72A
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 109A)
CRIMINAL JUSTICE AND IMMIGRATION ACT 2008
(Section 88)
Notice of a decision whether grounds for refusal apply
FORM 73
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 101; Rules 111 and 112)
FORM 74
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 101; Rule 117)

## B. Orders in Debt Proceedings 

FORM 75
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 128 to 130)
Enforcement Process under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981
FORM 76
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 128)
Enforcement Order under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981
FORM 77
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 129)
Committal Process under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981
FORM 78
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 128 and 129)
Committal Order under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981

## C. Orders in Ejectment Proceedings 

FORM 79
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 116; Rules 131 to 133)
Notice of Intention to Apply for the Issue of Ejectment Decree for Overholding

## D. Orders for the payment of sums (other than on c 

FORM 80
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 98 and 99; Rule 7)
Complaint for Arrears under an Order for Periodical [Lump Sum] Payment enforceable under Article 98 (as applied by Article 99) of the Order
FORM 81
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 98(1)(a) and 99; Rule 8)
Summons for Arrears under an Order for Periodical [Lump Sum] Payment
FORM 82
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 98(1)(b) and 99; Rules 14 and 143)
Warrant of Arrest for Arrears under an Order for Periodical [Lump Sum] Payment
FORM 83
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 98(4)(a) and 99; Rules 14, 143 and 144)
Warrant of Distress for Arrears
FORM 84
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 98(5) and 99; Rules 14 and 143)
Warrant of Commitment in Default of Distress for Arrears under an Order for Periodical [Lump Sum] Payment
[(a) FORM 85
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 118(1); Rule 8)
Summons to Witness [(b)(Non-Criminal Proceedings)]
[ FORM 85A
THE MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 118A(1); Rule 149K)
Summons to Witness (Criminal Proceedings)
FORM 86
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 123(a))
Certificate of Collecting Officer of Non-Payment of Sums Ordered to be Paid
FORM 87
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149)
CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
(Section 1)
Statement of Witness to be Tendered in Evidence under section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968
FORM 88
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149)
CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
(Section 1)
Notice by Complainant of Intention to Tender Written Statement at Summary Trial
[(a)FORM 88A
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 149AR(1))
CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004
(Article 5)
Application for leave to adduce evidence of non-defendant’s bad character
FORM 88B
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AR(3))
CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004
(Article 5)
Notice of opposition to the admission of evidence of a non-defendant’s bad character
FORM 88C
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 149AR(4) and (6))
CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004
(Article 6)
Notice of intention to adduce evidence of defendant’s bad character
FORM 88D
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AR(8))
CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004
(Article 6)
Application to exclude evidence of defendant’s bad character
FORM 88E
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AS(2) and (4))
CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004
(Article 18)
Notice of intention to adduce hearsay evidence
FORM 88F
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149AS(6))
CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004
(Article 18)
Notice of opposition to the admission of hearsay evidence
[(a) FORM 88G
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 149C)
POLICE AND CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1989
(Article 80A)
Application for leave for witness (other than the accused) who is outside the United Kingdom to give evidence through a live link
FORM 88H
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149C)
POLICE AND CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1989
(Article 80A)
Notice of decision on application for leave for witness (other than the accused who is outside the United Kingdom to give evidence through a live link
[ FORM 88I
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 149F(1))
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2004
(Article 10)
Application for direction for witness to give evidence through a live link
FORM 88J
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 149F(9) and 149G(4))
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2004
(Articles 10 and 11)
Notice of decision on application for direction/rescission of direction for witness to give evidence through a live link
[ FORM 88K
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 149H(1) and 149O(1))
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Articles 21A and 21BA)
Form of application for a live link direction under Article 21A of the Criminal Evidence (Northern Ireland) Order 1999
Form of application for the examination of an accused through an intermediary under Article 21BA of the Criminal Evidence (Northern Ireland) Order 1999
FORM 88L
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 149H(11) and 149I(3))
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Article 21A)
Notice of decision on application for a live link direction/application to discharge a live link direction under Article 21A of the Criminal Evidence (Northern Ireland) Order 1999
[ FORM 88M
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 149O(11) and 149P(11))
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(Articles 21BA and 21BB)
Notice of decision on application for examination of accused through an intermediary under Article 21BA of the Criminal Evidence (Northern Ireland) Order 1999
Notice of decision to vary or discharge a direction allowing the examination of accused through an intermediary under Article 21BB of the Criminal Evidence (Northern Ireland) Order 1999
[ FORM 88N
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(RULE 149Q)
CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999
(ARTICLES 17 AND 21BA)
Declaration for an intermediary under Article 17(5) Or Article 21BA(9) of the Criminal Evidence (Northern Ireland) Order 1999

## RECOGNIZANCES AND FORMS USED IN CONNECTION THEREWITH

FORM 89
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 47 and 135 to 138; Rules 150 to 153)
Recognizance to Appear before a Magistrates’ Court
...
...
FORM 90
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 130(1)(a) and 135 to 138; Rule 152)
Recognizance [[(a) Police]] to appear before a Magistrates’ Court
FORM 91
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 130(1)(b) and 135 to 138; Rule 152)
Recognizance to Appear at a [(a) Police Station]
[ FORM 91A
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 132A and Rule 153A)
POLICE AND CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1989
(Article 48(4))
Application for bail following grant of conditional police bail
FORM 91B
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 132A, Rule 153A)
POLICE AND CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1989
(Article 48(4))
Notice of decision on application for bail following grant of conditional police bail
[ FORM 91C
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 133A, Rule 153B)
Application for reconsideration of a decision to grant bail
FORM 91D
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 133A, Rule 153B)
Notice of decision on application for reconsideration of a decision to grant bail
FORM 91E
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 133A, Rule 153B)
Order that a person surrender himself into the custody of the court following a decision under Article 133a of the Magistrates’ Courts (Northern Ireland) Order 1981 to withhold bail
[ FORM 91F
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 161A)
JUSTICE (NORTHERN IRELAND) ACT 2004
(Section 10)
Written notice of appeal by the Prosecution against the Grant of Bail by a Magistrates’ Court
[ FORM 91G
Magistrates’ Courts (Northern Ireland) Order 1981
(Rule 161A)
Justice (Northern Ireland) Act 2004
(Section 10)
NOTICE OF RELEASE ON BAIL: PROSECUTION’S FAILURE TO SERVE WRITTEN NOTICE OF APPEAL
[ FORM 91H
Magistrates’ Courts (Northern Ireland) Order 1981
(Rule 161A)
Justice (Northern Ireland) Act 2004
(Section 10)
NOTICE OF ABANDONMENT OF APPEAL BY THE PROSECUTION AGAINST THE GRANT OF BAIL BY A MAGISTRATES’ COURT
[ FORM 91I
Magistrates’ Courts (Northern Ireland) Order 1981
(Rule 161A)
Justice (Northern Ireland) Act 2004
(Section 10)
NOTICE OF RELEASE ON BAIL: PROSECUTION’S ABANDONMENT OF APPEAL
FORM 92
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 37, 51(4) and 135 to 138; Rules 150 and 153)
Recognizance to Appear at the Crown Court
[ FORM 93
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 127; Rules 150 and 151)
Recognizance to keep the Peace [and] [or] to be of Good Behaviour
FORM 94
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 150(5) and (6))
Certificate of Proposed Surety as to Means
[ FORM 95
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 138(2A)(b))
SUMMONS TO SURETY
[ Form 95A
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 138(2A)(b) and Rule 11(7C))
Certificate of Service of Summons on Surety
[ Form 95B
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 138(2A)(b) and Rule 11(7D)
Acknowledgment by Surety of receiving summons by post
FORM 96
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 138(4); Rules 14, 143 and 144)
Warrant of Distress and Commitment in Default of Distress for Sum Forfeited upon the Estreat of a Recognizance
[ FORM 96A
JUSTICE ACT (NORTHERN IRELAND) 2011
(Section 91)
MAGISTRATES’ COURTS RULES (NORTHERN IRELAND) 1984
(Rule 153C)
Application for compassionate bail under section 91 of the Justice Act (Northern Ireland) 2011
[ FORM 96B
JUSTICE ACT (NORTHERN IRELAND) 2011
(Section 91)
MAGISTRATES’ COURTS RULES (NORTHERN IRELAND) 1984
(Rule 153C)
Notice of release on compassionate bail under section 91 of the Justice Act (Northern Ireland) 2011

### Group: APPEALS TO COUNTY COURT AND BY WAY OF CASE STATED TO COURT OF APPEAL

## A. Appeals to County Court 

FORM 97
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 144; Rule 154)
Notice of Appeal to the County Court
FORM 98
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 154, 155 and 156)
Form of Appeal to County Court
FORM 99
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 135 to 138 and 148; Rules 150 to 153)
Recognizance to Prosecute Appeal to County Court [Not] Conditioned for Bail
FORM 100
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 150(1))
Notice by Clerk of Petty Sessions to Chief Clerk of Abandonment of Appeal to the County Court

## B. Appeals by way of Case Stated to Court of Appea 

FORM 101
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 146; Rule 158)
Application to Court to State a Case
FORM 102
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 146(4))
Court’s Certificate of Refusal to State a Case
FORM 103
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 146; Rule 160)
Case Stated by Magistrates’ Court
FORM 104
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 135 to 138 and 148; Rules 150 to 153)
Recognizance to Prosecute Appeal to Court of Appeal [Not] Conditioned for Bail
FORM 105
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 150(2))
Notice to Respondent that Appellant has Abandoned an Appeal by way of Case Stated

## MISCELLANEOUS

FORM 106
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 20)
Certificate of Conviction or Order
FORM 107
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Part IX)
General Form for Enforcement of Conviction or Order
FORM 108
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 23(2), 25(3), 81(2) and 126; Rule 11)
Affidavit of Service of Summons on Defendant
FORM 109
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 23(2), 25(3) and 126; Rule 12)
Affidavit of Service of Summons for Offence where Summons Served in England and Wales or Scotland
...
...
FORM 109C
THE ROAD TRAFFIC OFFENDERS (NORTHERN IRELAND) ORDER 1996
(Article 15)
MAGISTRATES’ COURTS RULES (NORTHERN IRELAND) 1984
(Rule 12D)
Certificate of Service of Requirement to identify driver of a vehicle
...
...
FORM 110
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 118(3) and 126; Rule 11)
Affidavit of Service of Summons on Witness
[(a) FORM 110A
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(ARTICLES 23(2), 25(3), 81(2), 126; RULES 11, 12, 12A, 12B AND 13)
Certificate of Service of Summons on Defendant
FORM 110B
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 12A)
Acknowledgement by Defendant of receiving summons(es) and related papers by post
FORM 110C
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 13A and 148)
Statutory Declaration that Defendant did not know of the summons or proceedings.
[ FORM 110D
ROAD TRAFFIC OFFENDERS (NORTHERN IRELAND) ORDER 1996
(Article 77, 78)
MAGISTRATES’ COURTS RULES (NORTHERN IRELAND) 1984
(Rule 13B)
Statutory Declaration
[ FORM 110E
JUSTICE ACT (NORTHERN IRELAND) 2011
(Section 68)
MAGISTRATES’ COURTS RULES (NORTHERN IRELAND) 1984
(Rule 13C)
Statutory Declaration
FORM 111
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 126; Rules 58, 59 and 63)
Affidavit of Service of a Process by a Summons Server or a Person who has Received Permission to Serve the Process
[ FORM 111A
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Articles 73(2) and 126; Rules 62, 63 and 63A)
Certificate of Service of a Process by a Summons Server or a Person who has Received Permission to Serve the Process
FORM 112
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
Rule 143(4)
Receipt for Prisoner
FORM 113
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 61)
Order for taking Finger-Prints and Palm-prints
FORM 114
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 158; Rule 14)
Summary Jurisdiction (Miscellaneous Provisions) Act (Northern Ireland) 1946
(Section 1)
JUDGEMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981
Warrant directing person apparently entitled thereto to be put into Possession of Premises
FORM 115
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(ARTICLE 126; RULE 148)
General Form of Affidavit of Service of Notice, etc.
FORM 116
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 47; Rules 14, 143 and 163)
Warrant of Commitment on Remand in Hospital
FORM 117
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 13(8)(e))
Certificate by or on behalf of Complainant that Summons Sent by Registered Post or Recorded Delivery Service and Returned as Undelivered will, if Delivered by Ordinary Post, come to Notice of Person to be Served
FORM 118
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
MAGISTRATES’ COURTS RULES 1983
(Rules 28(2)(1) and 42(1)(o)
Statement of Dates on which Defendant Remanded
FORM 119
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 152)
Notice of Direction made by Court of Appeal
FORM 120
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Article 113)
Application Requesting that Warrant of Commitment be Cancelled
[ FORM 121
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 14)
POLICE AND CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1989
(Articles 44 and 45)
Warrant of Further Detention
[ FORM 122
ROAD TRAFFIC OFFENDERS (NORTHERN IRELAND) ORDER 1996
(Article 36, 37, 38)
MAGISTRATES’ COURTS RULES (NORTHERN IRELAND) 1984
(Rule 52A)
Application for [Review of Course Organiser’s Notice]
[Declaration of default]
FORM 123
ROAD TRAFFIC OFFENDERS (NORTHERN IRELAND) ORDER 1996
(Article 27)
MAGISTRATES’ COURTS RULES (NORTHERN IRELAND) 1984
(Rule 52B)
Notice of Order to give Information of Date of Birth and Sex
[ FORM 124
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 147A)
MENTAL HEALTH (NORTHERN IRELAND) ORDER 1986
(Schedule 2A paragraphs 7(2), 8(1))
Application for amendment of supervision and treatment order
FORM 125
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rules 14 and 147A)
MENTAL HEALTH (NORTHERN IRELAND) ORDER 1986
(Schedule 2, paragraphs 7(2), 11(1)(b))
Order amending supervision and treatment order
[ FORM 126
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 166(6) and Rule 168(4))
CORONERS AND JUSTICE ACT 2009
(Sections 77 and 80)
Notice of decision on application for an investigation anonymity order/application to discharge an investigation anonymity order
[ FORM 127
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 172)
REGISTRATION OF CLUBS (NORTHERN IRELAND) ORDER 1996
(Article 41E)
LICENSING (NORTHERN IRELAND) ORDER 1996
(Article 69E)
Application for the consideration and extension of a closure order
[FORM 128
MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981
(Rule 174)
JUSTICE ACT (NORTHERN IRELAND) 2015
(Section 94)
Application for defence access to premises

## Schedule 2 Debt Proceedings

TABLE 1: PLAINTIFF’S COSTS (UNDEFENDED PROCEEDINGS)
In proceedings where amount decreed—
Solicitor’s costs
(1)
(2)
1For proceedings treated as undefended see Rule 72.
2See Rule 57(2): Only 50% of costs specified in column (2) payable where defendant pays amount due before entry day.
Judgements Enforcement (Northern Ireland) Order 1981: Part VIII – Costs of enforcement order under Rule 128(2)(a) shall be in accordance with this Table as if the total amount ordered to be paid were the amount decreed. Costs of a committal order following upon an enforcement order or an attachment of earnings order shall be one half of amount of costs appropriate to an enforcement order.
(i) does not exceed £30
£10.00
(ii) exceeds £30
£15.00
TABLE 2: PLAINTIFF’S COSTS (DEFENDED PROCEEDINGS)
In actions where amount decreed—
Solicitor’s costs
Counsel’s fee
(1)
(2)
(3)
(i) does not exceed £30
£12.00
£6.00
(ii) exceeds £30
£30.00
£12.00
TABLE 3: DEFENDANT’S COSTS (DEFENDED PROCEEDINGS)
In actions where amount claimed—
Solicitor’s costs
Counsel’s fee
(1)
(2)
(3)
(i) does not exceed £30
£11.00
£6.00
(ii) exceeds £30
£28.00
£12.00

## Schedule 3 Ejectment Proceedings

TABLE 1: PLAINTIFF’S COSTS
Solicitor’s costs
Counsel’s fee
(1)
(2)
1See rule 57(2) and (3): Only 50% of solicitor’s costs in column (1) payable where defendant delivers up possession and, where appropriate, pays any arrears of rent or any sum due under Article 69 of the Order before entry day.
2Where case of exceptional complexity or difficulty the court may certify an amount exceeding the scale figure.
3No fee allowed for counsel where proceedings undefended unless the court otherwise orders.
4This Table includes proceedings where a claim for rent or sums due under Article 69 of the Order is joined with a claim for recovery of premises.
*“Ejectment proceedings” means proceedings for the recovery of premises to which Article 67 of the Order applies (including cases of permissive occupancy) and see Note 4.
[ £36. 75]
[ £19.95]
TABLE 2: DEFENDANT’S COSTS
Solicitor’s costs
Counsel’s fee
(1)
(2)
[£34.65]
[) £19.95]

## Index to Magistrates’ Courts (Northern Ireland) Or 

Subject
Article of 1981 Order or other provision
Provision of Rules
ABANDONMENT
appeal of, including case stated
145, 150, 151(1)(a), 152
157
excess of, in debt proceedings
64
84(2), 85(2)
ACCOUNT
debt proceedings on foot of whole account where does not exceed £250
62(1)
payment on account before hearing to reduce costs
88
ADJOURNMENT (see also REMAND)
amendment of forms, for
154(2)
civil complaint, in proceedings on, for—
non-appearance of complainant
82, 161
non-appearance of defendant
81, 161
non-appearance of both parties
83
complaint charging summary offence, for–
non-appearance of complainant
26
non-appearance of accused
23
non-appearance of both parties
27
conviction, after, for inquiries or to determine suitable method of dealing with case
50
costs on
163(3)
debt or ejectment proceedings, of, for non-appearance of defendant
73(2)
for inquiry into physical or mental condition
51
generally—
161
notice to parties and witnesses where case adjourned to date to be fixed in civil cases
161(3)
preliminary investigation of, to another district
36
30
reasons for adjournment under Article 50 or 51 to be entered in Order Book
19(9)
sentence, for, to other court
52
where court unable to sit, by clerk of petty sessions
161(5)
ADULT
may be tried summarily for indictable offences specified in Schedule 2
45
43 to 47
AFFIDAVIT
to prove service of summons, process or document
126
11(7)
AFFILIATION ORDER (see ORDER)
AIDER AND ABETTOR
offence
may be tried summarily for commission of offence under section 9 of Criminal Law Act (Northern Ireland) 1967 in relation to offences specified in Schedule 2 to 1981 Order
paragraph 13 of Sch. 2
of offence under section 4(1) of Criminal Law Act (Northern Ireland) 1967 (impeding apprehension or prosecution of offender)
paragraph 11 of Sch. 2
of offence under section 5(1) of Criminal Law Act (Northern Ireland) 1967 (failure to disclose information of offence)
paragraph 12 of Sch. 2
of summary offence, guilty of that offence
59
punishment of
59
AMENDMENT
adjournment to allow, where party misled of order—
154(2)
on appeal by case stated
147(1)
on appeal to county court
145 powers under Article 28 of County Courts Order (NI) 1980
of forms may be allowed
154(1)
of order, by High Court on application to quash
159
APPEAL FROM MAGISTRATES’ COURT
abandonment of
150
enforcement of order where appeal abandoned
152
estreat of recognizance or payment of costs on abandonment
151
bail on
148
by way of case stated to Court of Appeal
146
bail on
148
fees for
149(2)
powers of Court of Appeal
147
preparation
160
procedure on
146
158 to 161
costs
power of Court of Appeal where appeal abandoned, not prosecuted or case stated not transmitted
151
documents, in connection with—
appeal to county court
154 to 157
appeal by case stated
158 to 160
ejectment proceedings in, recognizance to contain undertaking as to waste, etc.
70
no appeal against certain orders on conviction—
probation order, order for conditional or absolute discharge, order as to costs, orders referred to in Schedule 5 para 9(1)
140(2)
no appeal against distress under Article 98(4), imprisonment under Article 98(5)
143(2)
procedure, on appeal
144
154 to 157, 161
recognizance to prosecute appeal to county court—
149
against conviction or sentence
140
against imprisonment or fine for misbehaviour in court imposed under Article 160
142(1)
against order to enter into recognizance
141
against order in debt or ejectment proceedings
143
against order in proceedings begun by notice of application or appeal
143
against order on civil complaint
143
against punishment for failure to obey order under Article 12
142(2)
time for appeal—
to county court
144
by case stated
146
warrants, decrees, etc., to enforce magistrates’ courts order not to issue until appeal disposed of
117
APPEALS AND APPLICATIONS TO MAGISTRATES’ COURTS
generally
76
procedure
97 to 101
times of hearing
101
APPEARANCE
corporation, by, where charged with indictable offence
166 and Sch. 4
counsel or solicitor, by
164
generally
164
in person compulsory—
for claiming trial by jury for summary offence punishable by more than 6 months’ imprisonment
29
24
for preliminary investigation or inquiry
30
26 and 35
relatives, by
164(2)
ARREARS
collecting officer, proceedings for, under order for periodical payment
85(5)
complaint for arrears under order for periodical payment to be made before expiration of three years from default
98(1)
enforcement of, for periodical payment
98
no appeal against order for distress or commitment or order attaching pension or income for failure to obey order for periodical payment
143(2)
payment of rent, power to postpone issue of decree for
116
power to remit arrears under order for periodical payment
87
rent, of, claim for recovery may be joined with claim, in ejectment
72(3)
ARREST (see also WARRANT)
money found on defaulter on arrest may be applied towards payment of fine or sum due under order for periodical payment
110
person arrested without warrant and not released to be brought before court within 48 hours
131
power of constabulary to release person arrested on bail
130
powers of RM or JP to release arrested person other than on bail
132
warrant for person committed for trial on complaint of surety where he is about to abscond
134
warrant for person accused of summary offence who fails to appear in court
25(1)
warrant for person accused of indicable offence whether in first instance or later
20(1)
warrant for person failing to pay under order for periodical payment
98(1)(b)
warrant may be executed until withdrawn in any part of Northern Ireland and notwithstanding it is not in officer’s possession
158
warrant for witness where JP satisfied he will probably not attend preliminary investigation or who fails to appear in answer to summons
118
ATTACHMENT OF EARNINGS ORDER (see ORDER)
Part VII D
ATTEMPT
person charged with summary offence may be convicted of attempt
60(2)
to commit summary offence is such an offence and offender may be proceeded against, tried or punished as for completed offence
60(1)
to commit offence in Schedule 2 (indictable offences triable summarily)
para 13 of Sch. 2
BAIL
accused to be told of right to apply to High Court or Crown Court
148(2)
51, 148
after failure to appear at trial on indictment
40(4)
application for, at any time before trial on indictment after committal
37(4)
committal for trial on
37
constabulary, by, after arrest without warrant
130
continuous—
for defendant
48
for witness
118(4)
endorsement on warrant
129
16
magistrates’ court in adjourning proceedings for offence may remand accused on bail
47
on appeal against conviction or sentence or by way of case stated in criminal proceedings
148
on remand for medical examination
51
49
on remand after conviction for inquiries
50
period of remand on bail
47
power of JP to release person in custody after arrest for offence
132
recognizance to be in such amount as appears sufficient to ensure performance of conditions
135
sureties, general power to add
136
treason or treason felony, bail not to be granted without consent of Secretary of State
38
warrant of discharge where person bailed before expiration of period of remand
16(3)
where person arrested as about to abscond before trial
134
where accused unable to give bail for appearance at petty sessions, RM may hear complaint out of petty sessions
18(2)
where court was certified for bail prison governor, etc., may admit accused to bail and sureties may enter recognizance before JP or Clerk of Petty Sessions
153
witness after arrest for failure to appear
118(4)
BINDING OVER
appeal by person ordered to enter recognizance to keep peace or be of good behaviour
141
complainant and witness to attend trial
39
complainant to prosecute or give evidence upon issue of warrant
17
discharge of surety from
128
failure to enter into recognizance to keep peace, etc.
127(7)
for misbehaviour in court
127(1)(c)
generally
127
procedure for binding witnesses and prosecutor to attend trial at county court or assize
27
BOUNDARIES
offences committed on or near
17
of petty sessions districts generally
11
CHILD
mode of service of summons where person summoned is child or young person
11(4)
saving for Magistrates’ Courts (Children and Young Persons) Rules
5
CIVIL MATTER
defined
77(1)
dismiss without prejudice
84
103(2)
hearing of proceedings on complaint in
80
102
issue of summons on complaint in
79
8, 11
non-appearance of defendant
81
non-appearance of complainant
82
non-appearance of both parties
83
order on consent in
80
103(1)
proof of service on defendant
81(2), 126
11, 13
proceedings to be on complaint
77(2)
time within which complaint to be made
78
CLERK OF PETTY SESSIONS
appointment of
see s.69(2) of 1978 c.23
death of or cesser in office
156
definition of
2(4)
defrayal of expenses in defending action
10(1)
immunity from action of
8(2)
COLLECTING OFFICER
certificate that sum not paid, to be evidence
123
may send payments by post
104(2)
method of payment through
104
order that periodical payments be made through, to be notified to parties
104(1)
power to order periodical payments through
85
proceedings to recover arrears
85(5)
remuneration where not clerk of petty sessions
85(7)
COMMISSION OF THE PEACE
form of and generally
see s.103 1978 c.23
COMMITTAL
default in payment under order for periodical payment
98
default in payment of sum adjudged by conviction
92
enforcement order, under, for failure to satisfy decree in debt proceedings
128, 129
for misbehaviour in court
160
failure of witness to enter recognizance to attend trial on
39(5)
failure to comply with order to enter recognizance to keep peace etc.
127(7)
if warrant issued on conviction, court to state reason for not allowing time to pay
93
in default of distress for sum due under estreated recognizance
138(4)
maximum period in default of payment of sum adjudged to be paid by conviction
Sch. 3
means to be taken into account before immediate committal for failure to pay sum adjudged by conviction
93
release from or reduction of period on payment
111
140 to 142
replacement of power to make orders under Debtors (Ireland) Act 1872 for enforcing payment under decree in debt proceedings
Part VIII of SI 1981/226 (NI 6)
report where person under 21 has been under supervision
94(2)
restrictions on committal in default of payment of sum adjudged to be paid on conviction
93
trial for—
accused about to abscond, where
134
bail, on
37, 38
16, 153
corporation, of
166 and Sch. 4
custody, in
37, 38, 40
16, 153
failure to appear, after
40
generally
37, 38, 39
25 to 42
reconsideration, after, where RM has not convicted of indictable offence summarily
46(2)
where imprisonment in default of distress is consecutive to another term
56(3)
witness refusing to testify
120
COMMITTEE
Magistrates’ Courts Rules Committee
13 to 15
COMPENSATION
orders for compensation on conviction
Article 3(1) of SI 1980/704 (NI 6)
other than for loss or damage due to accident arising out of presence of motor vehicle on road
Article 3(2) of SI 1980/704 (NI 6)
COMPLAINT (see CIVIL MATTER)
appeal in proceedings on complaint to which Part VIII applies
143(3)(d)
by surety that person bound over has been or is about to be guilty of conduct in breach of recognizance for good behaviour
128
execution of warrants, in proceedings upon
143
form of
7
generally
16 to 27, 77 to 84
includes information
2(3)
may be struck out on non-appearance of complainant or both parties
26, 27, 82, 83
order allowing time for payment or for payment by instalments, in proceedings on
91, 97
statement of in preliminary investigation or inquiry
25, 32(5), (6) and (7)
supply of to accused on committal for trial
29
to whom payments of sums ordered to be paid in proceedings upon complaint are to be made
140
when on oath
20(7), 118(2)
wording of
6, 7(7)
CONSENT
in proceedings on civil complaint
80(3)
103(1)
of accused to summary trial of indictable offence
45(1)
45(6)
of prosecutor to summary trial of indictable offence
45(3)
45(2)
order by consent in debt or ejectment proceedings
73(5)
CONTEMPT
analogous to—
enforcement of orders other than for payment of money
112
misbehaviour in court
160
reports of preliminary investigation in breach of court order
44
CONTRACT
debt proceedings on
62
CONTRIBUTION ORDER
enforcement of
98(11)(f)
CONVICTION
alternative in summary trial of indictable offence
46(3)
appeal against
140
154 to 156
ascertaining means after conviction: statement of wages by employer
122
certificate of
20
compensation, order for on
Article 3(1) of SI 1980/704 (NI 6)
enforcement of payment of sum adjudged on
92, 93, 94,
105, 106
issue, postponement or stay of execution of warrant for sum adjudged on
114
maximum period of imprisonment for default in payment of sum adjudged on
92 and Sch. 3
notice to defendant of previous convictions
23(6)
notice to defendant of sum adjudged to be payable by a conviction
105
previous, irrevelant not to be referred to orally
23(2) to (6)
release on payment of sum adjudged to be paid by a conviction
111
right to claim trial by jury where offence carries more than six months’ imprisonment only where accused previously convicted
29(4)
24(2)
search of accused after
110
sum adjudged to be paid by, includes costs, damages or compensation
2(5)
supervision of person under 21 until sum paid
94
time allowed for, instalments allowed in payment of sum adjudged to be paid by
91
138
where time to pay or payment by instalments allowed entry to be made in Order Book
137
CORPORATION
appearance of, where charged with an indictable offence
166 and Sch. 4
committal for trial
Sch. 4
jurisdiction where has registered office or principal place of business
16(1)(b)
modification of the rules where accused is a corporation
36
service of summons on
11(4)
where to be bound by recognizance, latter to be signed by director or officer
150(7)
COSTS
adjournment, of
163(3)
appeal, on, by way of case stated
147(1)(c)
appeal, on, to county court
145
appeal abandoned, where by public or local authority or constable, court may order appellant to pay costs
151(3)
civil complaint, in proceedings on, costs may be awarded
163
civil complaint, in proceedings on, costs recoverable in same manner as any other sum recoverable
97
commitment and distress, of, to be paid together with sum in default of payment of which order made, before release from custody
111
commitment where insufficient distress had for sum adjudged by conviction including costs
92
committal order in debt proceedings, order for costs made with
129(2)
debt proceedings, in, costs may be awarded
163
92 and Sch. 2
ejectment proceedings, in, costs may be awarded
163
96 and Sch. 3
generally
163
notice, in proceedings commenced by, under Part VII of Order
109
periodical payment, order for referred to in Article 98
98(4)
costs of enforcement
98(4) to (5)
costs of original proceedings for order
98(1)
process of, to be stated and, if paid with sum claimed and outlay before entry day, reduced by 50%
57(2)
recognizance, estreat of, for failure to prosecute appeal, court may order payment of appellant’s expenses out of sum estreated
151(2)
“sentence”, appeal against, does not include order for payment of costs
140(2)(b)
“sum adjudged to be paid by conviction” includes costs
2(5)
where more than one defendant in debt or ejectment proceedings
73
COUNTERCLAIM
abandonment, amount of, to be stated in counterclaim to give jurisdiction
85
admitted if, court may direct amount to be set-off
65(2)
debt proceedings, abandonment of excess in
64(2)
notice of set-off or counterclaim to be given
85
COUNTY COURT
powers on appeal
145
transfer of debt or ejectment proceedings to
75
80
COURT OF APPEAL
powers on appeal by case stated
147
COURT OF SUMMARY JURISDICTION
defined
2(2)(a)
Sch. 5 para 6
CUSTODY (see REMAND)
appeal, pending, sentence suspended
153
committal for trial, in
37
detention in, where default in periodical payment
98
endorsement for release from, on warrant of commitment
16
release from—
on appeal
148
after committal for trial
37(4)
release from—
after arrest without warrant
130, 131
remand in—
adjournment, on
47, 161
committal for trial
37
16
conviction after
50
in case of illness or accident
49
preliminary investigation at
36, 37, 47
period of
37, 47
DEATH
of resident magistrate, justice of the peace or clerk of petty sessions does not invalidate document signed by him
156
of summons server, production of process book and verification of his hand-writing to be prima facie evidence of entries
62
DEBT PROCEEDINGS
abandonment of excess in claim
64(1)
84(2)
appeal—
decree not to issue until disposed of
117
lies to county court
143(3)(a)
committal order, in, duration
135
committal process and order
129
costs, in
163
92 and Sch. 2
decree in—
includes what
2(3)
defined
2(3), 62(5)
53
enforcement of decree, in—
generally
S.I. 1981/226. (N.I. 6)
process and order
128
hearing of
73
issue of process
72
jurisdiction in
62
may issue absolutely or conditionally
74
postponement of issue of
116
91, 94
service of enforcement and committal process
130
set-off or counterclaim
85(1)
where part of set-off or counterclaim abandoned
64(2)
85(2)
tender
90
time limit for
63
90(1)
where remainder of account abandoned
64
DECREE (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS)
meaning of
2(3)
where value added tax recoverable
92(4), 96(4)
DEPOSIT
acceptance of, in lieu of sureties to recognizance
137
appeal to High Court against amount of security to be given in lieu of sureties
148(2)
appeal to county court against estreat recognizance
141(2)
where condition of recognizance performed sum deposited or security to be repaid
137(4)
DEPOSITION
copy to be supplied to accused
29
forwarding to trial court
28
preservation of, where indictable offence tried summarily
47
reading of at trial on indictment, of person dead, insane, unable to travel or kept out of way
42
taking of, dying person in connection with indictable offence
41
48
taking of, in connection with summary offence, where person sick or unable to attend
28
48
taking of, procedure at preliminary investigation
30
26
DESTRUCTION
application for order for destruction of property
76(1)(c)
DETENTION (see CUSTODY AND REMAND)
custody in, after arrest without warrant
131
in precincts of court for one day in lieu of imprisonment
57
of person defaulting in periodical payment
98
pending appeal
144, 148
DISCHARGE (see RELEASE)
absolute or conditional discharge, no appeal against, except where appellant pleaded not guilty
140
application for, for discharge of order for periodical payment
86
decree in debt proceedings to be full
66
surety, of, from recognizance to be of good behaviour etc.
128
surety, of, from recognizance of person committed for trial
134
DISMISS
charge for indictable offence, where dismissed after summary trial, to have same effect as acquittal on indictment
46(5)
complaint for criminal offence—
non-appearance of complainant
26
non-appearance of both parties
27
complaint in civil matter may be dismissed without prejudice where court unable to adjudicate on merits
84(1)
complaint in civil matter may be dismissed on merits where court has adjudicated on merits
84(2)
debt or ejectment proceedings may be dismissed either on merits or without prejudice to a further claim
73(6)
74
procedure where previous dismiss without prejudice produced in debt or ejectment proceedings
75
DISTRESS
default of payment of sum adjudged to be by a conviction, in
92
144
enforce, to, order for periodical payment
98
144
enforce, to, payment of sum recovered in proceedings commenced by notice
109
144
form and execution of warrant of
14, 143
to levy amount due under a recognizance
138
144
where imprisonment imposed for want of sufficient, payment of sum due
111
where person sentenced to imprisonment default of distress may be ordered to run consecutively to any other imposed for same offence
56
DOCUMENTS
amendment of
155
refusal to produce
120
signing of, on behalf of Clerk of Petty Sessions
22
summons to produce as witness
118
taken out of petty sessions
21
transmission of
on appeal to county court
144(5)
155
to trial court
37(5)
28, 42
wording of
6
DOMESTIC PROCEEDINGS
attendance at
89
exclusion of witness from
89(3)
meaning of
88
procedure in
89
publication of reports
90
EJECTMENT PROCEEDINGS
appeal in
70, 117, 143(3)(b)
costs, in
163
96 and Sch. 3
decree—
generally
67, 74, 116, 117
131 to 134
postponement, of
116
131 to 134
defined
2(3)
dismiss
73
enforcement generally
See S.I. 1981/226 (N.I. 6)
generally
67 to 75
53 to 83, 95, 96
hearing of—
73
non-appearance of defendant
73(2)
non-appearance of both parties
73(3)
joinder with claim for recovery of rent
72(3)
landlord or owner, meaning of, in
71 Sch. 5 para 8(2)
limitation, in
68
meaning of
2(3)
53
saving for other proceedings
Sch. 5 para 8(1)
transfer of proceedings to county court
75
80
ESTREAT OF RECOGNIZANCE
abandonment of or failure to prosecute
151
appeal against
141(2)
landlord or owner may receive compensation for waste, etc., out of sum levied on estreat of recognizance to appeal
70(2)
procedure on
138
EVIDENCE
at hearing to be on oath
121
certificate of clerk of petty sessions or collecting officer or statutory declaration by person to whom sum payable under order, as to non-payment, to be
123
deposition—
in proceedings for summary offence by witness unfit to travel etc.
28
48
in relation to indictable offence
41
48
of witness conditionally bound to give evidence at trial
39, 42
28, 42
order of hearing at summary trial of offence
22 to 27
23
order of hearing in proceedings on civil complaint
80 to 84
102
objection as to variance between complaint and evidence adduced
154, 155
6
onus of proving exceptions in proceedings on complaint
124
preliminary investigation, at
30, 36, 37, 39, 41, 42, 44
26 to 30
formal admission under Criminal Justice (Miscellaneous Provisions) Act (N.I.) 1968
38, 52
preliminary Inquiry—
authentication of statements etc.
41
conduct of Inquiry
35
generally
31 to 42
interpretation
31
objection to preliminary Inquiry
34
procedure where statement not admitted in evidence
40
proof by affidavit of service of documents
126
148
proof of formal admission
38
service on clerk of notice of intention to request inquiry
32
service on accused
33
statements etc. to be sent to court of trial
42
statements to be in prescribed form and exhibits identified
39
statement of wages, as
122
taking through television link
Article 81 of SI 1989/1341 (N.I. 12)
25A, 31(2)
where corporation accused
36
witness may be excluded from court during proceedings in which he is to give evidence
119(2)
EXEMPTIONS AND EXCEPTIONS
onus of proof of
124
EXPENSES
appeals, in, where recognizance estreated
151
Lord Chancellor, of
167(1)
proceedings against R.M. or J.P. in
10
Rules Committee of
167(2)
FEES
remission of
162
FINE (see also CONVICTION)
failure to give change of address to collecting officer
85(8)
misbehaviour in court, for
160
appeal against
142(1)
period of imprisonment in default on payment of
92, 2(5) and Sch. 3
power to fine where enactment gives powers to imprison
54
power to reduce fine under certain enactments
55
publication—
of evidence ordered not to be printed or published
44(3)
of evidence in domestic proceedings
90
witness, on—
for failure to appear
119(1)(a)
for failure to obey order of court excluding him
119(1)(b)
FINGER AND PALM PRINTS
order for taking
61
prints and records to be destroyed on acquittal etc.
61(4)
FORFEITURE
application to court, for forfeiture of property
76(1)(c)
disposal of non-pecuniary
58
of money or valuable security on
137
FORMS
amendment of
154, 155
6
certificate of conviction or order
20
documents taken out of petty sessions
11
objections for want of form
154
proof of service of, by affidavit
126
validity, of, where signatory dead
156
wording of
6
HANDWRITING
proof of that of R.M. or J.P.
126
IMMUNITY
in proceedings against R.M. or J.P. arising out of execution of office
5
IMPRISONMENT
accruaI of arrears of payments under for periodical payments
87
aiders and abettors
59
appeal, against sentence of
142
appeal, pending
153
default, in, of distress, period imposed in addition to imprisonment for same offence
56(3)
default, in, of distress where recognizance estreated
138(4) and Sch. 3
default in payment due under order for periodical payment
98
default in payment of fine or other sum adjudged by conviction, maximum period of
92 and Sch. 3
for failure to enter recognizance binding to peace
127(7)
for failure to obey order other than to pay money
112
maximum consecutive periods
56
maximum for, indictable offence tried summarily
46(4)
misbehaviour in court, for
160
power to impose fine in lieu of
54
power to order detention in court precincts for day, in lieu of
57
refusal to enter into recognizance to attend trial
39(5)
refusal to testify
120
release from or reduction of, where sum paid
111
right to claim jury trial where offence carries maximum sentence of more than six months
29
lNDICTABLE OFFENCE
corporation charged with
166 and Sch. 4
issue of summons or warrant for
20
preliminary investigation or inquiry
2(2)(b), 16, 30 to 44
25 to 42
summary trial of—
alternative conviction, on
46(3)
consent of accused and prosecutor required
45(1) and (3)
generally
45,46, Sch. 2
43 to 47
no limitation period
19(b)
out of petty sessions
18(2)
scheduled offence without Attorney General’s certificate
24(3)
JOINDER OF PROCEEDINGS
claim for arrears of rent etc. not exceeding £100 with claim in ejectment
72(3)
two or more causes of action may be joined in same process
84(3)
JURY
election for trial by, where summary offence punishable by more than six months’ imprisonment
29
24
notice of right to be tried by jury, before indictable offence may be tried summarily
45(1)
44
JUSTICE OF THE PEACE
action does not lie against, unless court acted without jurisdiction
5
appointment of,
s.3 1964 c.21 and see s.103 1978 c.23
bankruptcy of
s.5, 6(2) and (3) 1964 c.21
commissioner of oaths, disqualified from acting as
s.6(1) 1964 c.21
death of, does not invalidate documents issued in proceedings
156
deletion from commission of name of deceased
see s.103 1978 c.23
discharge from office of by omission from commission or Secretary of State may issue writ of supersedeas
s.8 1964 c.21
disqualification from acting does not affect validity of documents issued in proceedings
156
High Court, application to for order requiring R.M. or J.P. to act
8
incapable, not to be deemed by reason of membership of local authority, payment of rates or contribution to fund maintained by such authority
s.6(4) 1964 c.21
jurisdiction and functions of—
generally
3 and Sch. 1
local
4
to determine out of petty sessions
18 and Sch. 1 Part II
oath of
s.7 1964 c.21
JUVENILE COURTS
assigning to juvenile courts of school attendance class
15(2) and (3)
deemed to be courts of summary jurisdiction
Sch. 5 para 6
power to make Rules under certain enactments, to be exercisable by Rules Committee
15(1)
savings for Magistrates’ Courts (Children and Young Persons) Rules (N.I.) 1969
5
MAGISTRATES’ COURTS
geographical jurisdiction—
complaint in a civil matter
77
criminal charges
16, 17
debt proceedings
72(1)
ejectment proceedings
72(2)
meaning of
2(2)(b)
summary trial of charges in and out of petty sessions
18
MAINTENANCE ORDER (see ORDER)
MISBEHAVIOUR IN COURT
160
MONEY
application of, found on person to satisfy sum adjudged by conviction or periodical payment
110
NON-APPEARANCE
adjournment, after—
in proceedings for summary offence—
accused does not appear
23
complainant does not appear
26
both parties do not appear
27
adjournment of, where accused has failed to appear at adjourned hearing of proceedings for offence
25(4)
after court has assumed power to try indictable offence summarily
46(1)
at assizes or county court after indictment presented
40
at time appointed for trial on indictment
138
at time appointed for hearing—
of complaint for summary offence—
accused does not appear
23
complainant does not appear
26
both parties do not appear
27
of civil complaint—
defendant does not appear
81
plaintiff does not appear
82
both parties do not appear
83
at time appointed for hearing (or adjourned hearing) of debt proceedings—
defendant does not appear
73(2)
plaintiff does not appear
73(3)
both parties do not appear
73(3)
at time appointed for hearing (or adjourned hearing) of ejectment proceedings—
defendant does not appear
73(2)
plaintiff does not appear
73(3)
both parties do not appear
73(3)
in proceedings on civil complaint—
defendant does not appear
81
complainant does not appear
82
both paries do not appear
83
of tenant in ejectment proceedings to show cause why possession should not be given
67(4)
of accused through illness or accident
49
on appeal
145
on remand for indictable offence
20(3) and (4)
witness of
118(3)
NOTICE
abandonment of appeal, of
150, 151
157
abandonment of excess in debt process or set-off or counterclaim
64
84(2)
adjournment of, where accused convicted on written plea of guilty, before passing sentence
10(4)
adjournment of, where accused has failed to appear at adjourned hearing of proceedings for offence
25(4)
adjournment of, where court has left time and place of resumed proceedings to be fixed
161(3)
162
appeal of, to county court
144(1)
appeals and applications to magistrates’ court
76
97 to 101
application, of, to state a case
146
158
application to estreat recognizance
138(3)(a)
application for issue of ejectment decree after postponement
116
131 to 133
attendance of witness, for, where witness conditionally bound to attend trial on indictment
39(3)
if given too late
42(4)
intention, of, to take deposition of sick or dying person
48
proceedings commenced by, recovery of sums ordered to be paid
109
payer and payee, to, under order for periodical payment of time and place of payment
104
payee, to, that payment under order for periodical payments are in arrear
85(5)
plea of guilty by post of
10
previous convictions, of
23(6)
right to trial by jury given to person charged with indictable offence which may be dealt with summarily
45(1)
44
sum adjudged to be payable of, in absence of defendant
105
transfer of fine order, of
109
OATH
appointment, on, of J.P.
s.7 1964 c.21
court to be satisfied on oath of certain matters before issuing warrant of arrest for witness
118(3)
evidence in magistrates’ court to be on
121
warrant of arrest issued in first instance to be on written complaint on oath
20(7)
7(4)
warrant of arrest after failure to appear in court to be on written complaint on oath
25(1)
warrant of arrest for default in payment under order for periodical payment to be on written complaint on oath
98(2)
OFFENCE
adjournment of preliminary investigation into, on grounds of security etc. to another district
36
30
arrest for offence without warrant, release from police custody
130
general rules of jurisdiction for summary trial of offence
16, 17
issue of warrant where defendant resident in jurisdiction but offence committed outside Northern Ireland
20(6)
joint offence
16(1)
limitation period for proceedings for summary offence
19(1)(a)
limitation, none on proceedings for indictable offence
19(1)(b)
power to deal with offence committed outside jurisdiction
16(4)
OPEN COURT
domestic proceedings, only certain persons to be present at hearing
89(2)
power to exclude witness from proceedings until required to give evidence
119
preliminary investigation, place of sitting deemed to be
35
references to preliminary investigation include preliminary inquiry
Sch. 5 para 3
restrictions on reporting domestic proceedings
90
restrictions on reporting preliminary investigation
44
ORDER
amendment of, on appeal by case stated
145
amendment of order of magistrates’ court on application to quash it
159
attachment of earnings—
consolidation of
118
discharge of
116
disposal of sums under consolidation of
119
form of
111
particulars of defendant to be included in
113
service of orders and notices in respect of temporary variation of
112, 114, 120 and 121
protected earnings rate
117
variation of
114, 115
certificate, of
20
collecting officer may be ordered to receive payments under order for periodical payment
85
committal for failure to pay under order for periodical payment specified in Article 98(11) i.e. affiliation, maintenance, contribution, order, etc.
98
committal for wilful failure to satisfy decree in debt proceedings
see Part VIII SI 1981/226 (NI 6)
128 to 130
committal for failure to pay sum adjudged payable
92, 93 and Sch. 3
105, 106, 110, 140 to 143, 146
costs, order for
163
debt and ejectment proceedings in, generally
70, 71, 73, 74, 77, 79, 87 to 94
defined
2(3)
dismissal without prejudice in debt and ejectment proceedings
73(6)
dismissal without prejudice in proceedings on civil complaint
84
enforcement for, no appeal from orders under Article 98
143(2)
other than for payment of money, enforcement of
112
periodical payment order for (see Article 98(11) — means affiliation, maintenance contribution, etc.)—
copy of, to be served, when
164
discharge, revocation, suspension, variation, etc.
86
domestic proceedings
88(e), 89
probation order, no appeal where accused pleaded guilty
140(2)(a)
proof of non-payment under order
123
supervision, for, person under 21 ordered to pay on conviction
94
upon consent—
in proceedings on civil complaint
80(3)
102
in debt or ejectment proceedings
70, 71
ORDER BOOK
financial penalty enforcement order to be registered in
107
generally
19
orders to be entered—
consent orders on civil complaint
103(1)
dismissal, whether on merits or without prejudice
103(2)
orders on appeal
156
supervision order
106(3)
transfer of fine order sent to England and Wales or Scotland
108
transfer of fine order from England and Wales or Scotland
109
verdict, alternative under Article 46(3)
46
PENALTY
certain periodical payments not enforceable as civil debt
98(12)
PENAL SUM
reference in any enactment to be construed as including reference to a sum adjudged to be paid by a conviction
Sch, 5 para 2
PERIODICAL PAYMENT (see ORDER)
PETTY SESSIONS
districts
11
holding of, in courthouse
12
J.P. other than R.M. may not sit in petty sessions
3(2)
meaning of
2(3)
PLEA
claim to trial by jury for certain summary offences of no effect unless made before plea
29(2)
24
plea to be entered in Order Book
19
procedure at summary trial
22
23
procedure on appeal
140
POLICE
conduct of proceedings, by
165
duty where person arrested is not released on bail
131
fingerprints and palm prints, taking by
61
power to release on bail for appearance before magistrates’ court
130
search of person adjudged to pay sum by conviction or liable under order for periodical payment, where court so orders
110
service of summons where police prosecute
11(1)
warrants, execution by
158
143 to 145
warrant of arrest, endorsed for bail, where
129
warrant sum due under, may be received by
111
141
PRELIMINARY INQUIRY
adjournment—
generally
161
to another district
36
committal for trial, after
42
complaint, statement of and written statements of evidence of witnesses, list of exhibits, etc. to be supplied to accused before inquiry
32
33
conduct of
35
corporation charged, where
166 and Sch. 4
36
facts to be stated on plea of guilty at trial
43
justice of peace other than R.M., by
1(2), 2(2)(b), 30(1), 42(1) and Sch. 5 para 3
notice of intention to request court to hold preliminary inquiry to be served on clerk of petty sessions
32
32
objection to
34
open court and exceptions
35
procedure at, generally
32 to 35
31 to 42
reading of prosecution witnesses’ statements after accused discharged
37(6)
reading at court of trial of statements tendered at preliminary inquiry
42(3)
reports of preliminary inquiries
44 and Sch. 5 para 3
requirements as to written statements
33
statement of accused
34(3) and (4)
“summary proceeding” does not include
2(3) Sch. 5 para 3
summons or warrant to compel appearance by accused at
20 and Sch. 5 para 3
summons or warrant to compel attendance of witness at
118 Sch. 5 para 3
PRELIMINARY INVESTIGATION
adjournment
generally
161
to another district
36
30
binding over witnesses and complainant to attend trial
39
27
committal for trial
37
28
complaint statement of, to be given to clerk and accused before preliminary investigation
25
corporation charges, where
166 and Sch. 4
depositions and complaint to be supplied to accused
29
discharge of accused
37(1)
justice of peace other than resident magistrate, by
2(2)(b), 30(1)
open court, in, and exceptions
35
procedure at, generally
30 to 39
25 to 30
restrictions on reports, of
44
resident magistrate, by
2(2)(b) and 30(1)
statement of accused, at
30(4)
26(8) to (10)
summons or warrant to compel appearance of accused, at
20
summons or warrant to compel attendance of witness, at
118
“summary proceeding” not to include
2(3)
written statement or part not admitted in evidence
40
PROBATION, ABSOLUTE OR CONDITIONAL DISCHARGE
entry in Order Book of probation order absolute or conditional discharge
124
entry of Order made under s.4 or s.6 of the Probation Act 1950 upon breach of a probation order or commission of a further offence
125
notification of discharge etc.
126
PROCESS (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS)
committal on enforcement process
Part VIII of SI 1981/226 (NI 6)
128
committal process and order
Part VIII of SI 1981/226 (NI 6)
129
contents of, in debt proceedings
84
contents of, in ejectment proceedings
95
costs of, to be stated in
57
hearing of proceedings commenced by
73
issue of
72
54
service of
58 to 65
signature on
55
PROPERTY
power of court to order compensation for damage to property as result of offence other than due to motor accident
Article 3 SI 1980/704 (NI 6)
PROVISO
burden of proof where accused relies on proviso for defence
124
PUBLICATION
reports of domestic proceedings
90
reports of preliminary investigation or inquiry
44 and Sch. 5 para 3
PUNISHMENT
aiders and abettors, guilty of summary offence itself
59
attempt to commit summary offence is such an offence and offender may be proceeded against, tried and punished as for completed offence
60(1)
attempt to commit offence in Schedule 2 (indictable offence triable summarily)
Sch. 2 para 15
detention for one day in court in lieu of imprisonment
57(1)
maximum for indictable offence tried summarily
46(4)
maximum for consecutive terms of imprisonment
56
means to be taken into account in imposing fine as
53
witness for failing to appear, of
119(1)
witness for failing to obey order excluding him
119
QUALIFICATION
defendant relying on qualification as excepting him from criminal liability must prove it
124
persons disqualified from acting as justice of the peace
s.6 1964 c.21
persons who are ex-officio Justices of the Peace
s.3(1) 1964 c. 21
RECOGNIZANCE (see BAIL and ESTREAT OF RECOGNIZANCES)
acceptance of deposit of money or valuable sum in lieu of sureties
137
amount of recognizance
135
appearance for on adjournment
47
appeal—
bail on appeal to county court or by case stated
148
chief clerk to return to clerk of petty sessions recognizance to appeal where notice of abandonment given
157
clerk of petty sessions to prepare form of appeal after
recognizance to appeal or prosecute appeal entered
154
recognizance to be sent to appeal court
155
recognizance to prosecute appeal
149
recognizance upon appeal against order for possession of premises
70
committal for trial—
recognizance by complainant to prosecute accused at trial and witness to attend trial
39(1)
27
recognizances etc., deemed to be varied when preliminary investigation or inquiry adjourned to another district
36(3)
recognizance of accused where committed for trial on bail
37(3)
153
surety to recognizance of accused to appear at trial may be discharged on application by surety
134
transmission of recognizances to court of trial
28, 42
where witness refuses to be bound to attend trial
39(5)
committal warrant may be endorsed for bail
47
153
corporation, of
150(7)
deposit of recognizances with clerk of petty sessions
151
deemed to be varied where person remanded on bail in his absence due to illness or accident
49
estreating recognizances
138
on remand after conviction for inquiry into physical or mental condition
51
person arrested, in default of making periodical payment, by
98(3), 98(4)
police—
copy of recognizance taken by police to be given to person released
152(1)
power to release on recognizance
130
conditioning of police recognizance for appearance at magistrates’ court
152(2)
power to extend time in police recognizance
130(3)
power of court to release person from custody without recognizance
132
power to order sureties to any recognizance
136
power to bind over by recognizance to keep the peace or to be of good behaviour etc.
127
surety to recognizance for good behaviour etc. may apply for discharge
128
taking of recognizances generally
150
where warrant of arrest issued, complainant may be bound by recognizance to prosecute or give evidence
17
RELEASE (see BAIL AND DISCHARGE)
appellant, of
148
arrested person—
endorsement on arrest warrant for release on bail
129
duty of police where not released
131
defaulter in making periodical payments
98(3), 98(4)(b)
police power to release
130
by court without entering into recognizance
132
from custody and reduction of period of imprisonment on payment of sum due
111
from custody after arrest under warrant issued under Article 27(2)(b) or 28(4) of Judgment Enforcement Order 1981
Article 29 S.I 1981/226 (NI 6)
on bail—
on appearance before magistrates’ court
47
16
on committal for trial
37(3)
16
REMAND
adjournment, on—
in proceedings for an offence
47
where preliminary investigation or inquiry adjourned to another district
36
after conviction
for inquiries
50
for medical examination
51
49
bail on
47, 48
continuous bail on
48
endorsement on remand warrant for bail
47
16
further remand where accused unable through illness or accident to attend
49
in custody
47, 49 to 51
50
in hospital
163
recognizances, on
150 to 153
REMUNERATION
collecting officers
85(7)
resident magistrate
s.12 1964 c.21
RENT
arrears of, claim for, may be joined in process for recovery of premises
72(3)
debt, recoverable as
62
overholding tenant liable to pay amount equal to rent
69
where appeal against order for possession recognizance to cover payment of rent due or sums due under section 78
70
RESIDENT MAGISTRATE
action against
5 to 10
act in excess of jurisdiction
5
application to High Court where RM refuses to do act relating to duties
8
appointment of
s.9 1964 c.21
appointment of deputy
s.10 1964 c.21
death of, not to affect validity of document signed by
156
disqualification for acting
s.156 1964 c.21
geographical jurisdiction
s.9(2) 1964 c.21, 16, 17
immunity, of
5 to 10
legal jurisdiction
3
meaning of
2(3)
oath of
s.9(2) 1964 c.21
out of petty sessions, sitting
18
pension of
s.12(2)(b) 1964 c.21
powers of
Sch. 5 para 6, 3, 18, 46
refusal to act
8
remuneration, of
s.12 1964 c.21
REVIVAL
of order for periodical payment on civil complaint
78(2) and 86
REVOCATION
of order for periodical payment at any time on civil complaint
78(2) and 86
RULES
functions of Magistrates’ Courts Rules Committee
13 to 15 and Sch. 5 paras 5 and 7
non-compliance with Part IV of Rules not to render debt or ejectment proceedings void
82
power to amend debt or ejectment proceedings
82
“prescribed” means prescribed by Magistrates’ Courts Rules
2(3)
power to make Rules as to transmission of documents to trial court or appeal court
37(5), 144(5)
saving for Magistrates’ Courts (Children and Young Persons) Rules (NI) 1969
5
SEARCH
person, of, adjudged to pay sum by conviction or money due under order for periodical payment
110
warrant; of, may be signed by justice of the peace where authorised by statute
3(2) Part I and para 2 of Sch. 1
warrant, of, may be executed anywhere in Northern Ireland by constable
158(2)
SENTENCE
appeal against
140
154
computation of, on appeal
153
consecutive terms of imprisonment
56
deferment of
127
postponement for inquiries or medical
50, 51
49
power to sentence person convicted by another court in the same county
52
separate warrants to be issued, where
15
suspended sentences
see ss. 18 to 21 of 1968 c.29
SERVICE (see SUMMONS OR PROCESS)
adjourned hearing not to be resumed unless parties and witnesses have had adequate notice
161(3)
162
appeal to county court, notice of
144(1) and (2)
154
application for case stated
146
158
appeals and applications to magistrates’ courts to be on notice
76(1) and (2)
97, 98
application to estreat recognizance
138(3)
application for issue of decree, where postponed
116
131 to 134
evasion of, proof of, before issue of warrant after failure to appear in summary proceedings
23(2) and 25(3)
evasion of service of process, special mode of service
60
notice of right to be tried by jury, where accused charged with indictable offence which may be tried summarily
45
44
process, of—
generally
58 to 61
enforcement of committal process, service to be personal
130
summons, of—
a reasonable time before hearing
11
anywhere in Northern Ireland
157
deemed good
64
for summary offence, proof of service before hearing in absence of accused unless evading service
23(2) and 25(3)
for summary offence, warrant not to be issued for failure to appear at adjourned hearing unless accused had notice of time and place
25(4)
generally
11, 12, 13
on civil complaint, before hearing or adjourned hearing
81(2)
postal (other than in constabulary prosecutions)
12
SET-OFF
debt proceedings in—
abandonment of excess
64(2)
85(2)
notice of set-off or counterclaim
85(1)
STATEMENT
accused of—
in summary trial of indictable offence
45(1)
45
at preliminary investigation
30, 37(1)
26
at preliminary inquiry
34(3)
35(5) and (6)
by employer of wages to be evidence
122
opening statement of prosecutor at preliminary investigation or inquiry not to be printed or published
44, Sch. 5 para 3
STAY OF EXECUTION
of decree in debt or ejectment proceedings
74
of warrant issued in criminal proceedings
114
of warrant in civil proceedings on complaint
114(2)
STRIKING OUT
where—
both parties fail to appear in debt or ejectment proceedings
73(3)
68
complainant fails to appear in proceedings for summary offence
26
complainant or both parties fail to appear in proceedings on civil complaint
82, 83
SUMMARY OFFENCE
issue of summons or warrant for
20
limitation period for proceedings for
19
meaning of
2(3)
right to claim jury trial for certain summary offences
29
24
trial by justice of the peace out of petty sessions of certain summary offences
18(3) and Part II of Schedule 1
19(6)
SUMMARY PROCEEDINGS (see SUMMARY OFFENCE)
meaning of
2(3)
SUMMARY TRIAL (see INDICTABLE OFFENCE, OFFENCE AND SUMMARY OFFENCE)
in and out of petty sessions
18
of summary offence
22 to 27
23
of indictable offence
45, 46 and Sch. 2
SUMMONS (see FORMS)
amendment of, on appeal
145
amendment of, in magistrates’ court
154, 155
death of justice of peace signing
156
evading service in criminal proceedings, issue of warrant
20, 23(2) and 25(3)
failure of accused to appear, in answer to
23, 27
failure of defendant to appear in proceedings on civil complaint
81, 83
failure of witness to appear
118, 119
failure to pay under order for periodical payment
98(1)(a)
form of
6, 8
indictable offence for
20(3)
issue of—
generally
4, 20, 79, 98, 156
8 to 13
on civil complaint
79
preparation of
9
proof of service by affidavit
126
service of—
generally
11, 13
by registered post, when
13(1) to (5)
by ordinary post, when in England and Wales or Scotland
12, 13(7) to (13)
witness, to
18
8, 9, 11
SUNDAY
issue or execution of any arrest or search warrant effectual on Sunday
158(5)
SUPERVISION
of person under 21 until payment of sum adjudged to be paid by a conviction
94
106
SURETY (see RECOGNIZANCE)
deposit of money or value security in lieu of
137
150(8)
discharge of, where person bound over to keep peace or be of good behaviour
128
generally
150 to 153
notice to, on estreat
138(3)
where not convenient for surety to attend prison, surety may enter recognizance before RM, JP or clerk of petty sessions upon production of copy of consent to bail
150(2), 153
SUSPENSION
of order for periodical payment of money
86
of sentence
122, 123
TIME
adjourned hearing, fixed for
161
162
allowed for payment of sum in proceedings on complaint other than on conviction
97
137, 138
allowed for payment of sum adjudged to be payable
91, 93, 94
137, 138
appeal, time on bail awaiting appeal not to count towards sentence
153
applicant to transmit case stated to Court of Appeal within 14 days of receiving it
146(9)
debt proceedings to be commenced
63
ejectment proceedings to be commenced
68
enlargement or abridgement of, in debt or ejectment proceedings
81
for statement of case by court
146(6)
issue or postponement of decrees in debt or ejectment proceedings
116
131
maximum duration of order binding to peace or good behaviour etc.
127(2)
maximum of—
for remand in custody
47, 48, 49
for remand on bail
47
no limit of, for making complaint charging indictable offence
19(1)(b)
of hearing of processes
61
of holding of petty sessions
11
of entry of process
66
order for periodical payment of money may be revoked, suspended, varied at any time
86
power of police to extend police bail
130(3)
process deemed to have issued, at what
54
summons to be served a reasonable time before hearing
11(6)
within which—
applications and appeals to magistrates’ courts to be made
98
application for case stated to be made
146
complaint in a civil matter to be made
78
complaint charging offence (including continuous offence) to be made
19
TRANSFER
of debt or ejectment proceedings to the county court
75
TRANSFER OF FINE ORDER (see ORDER)
Part VII C
VARIATION
of order for continuous bail
48
of order for periodical payment, at any time
86
of time of appearance in summons, where proceedings adjourned
161(4)
VENUE
of debt or ejectment proceedings
72(1) and (2)
of proceedings in magistrates’ court for offence
16, 17
of proceedings on complaint in a civil matter
77(3)
of summary trial of aider and abettor
59
WARRANT (see FORMS)
arrest of—
after indictment presented
40(3)
endorsement for bail
37(3), 47(1), 130
16
for indictable offence
20(3) and (4)
for non-appearance before magistrates’ court
20(4), 23
for non-payment of sum under order for periodical payment specified in Article 98(11) of the Order
98(1)(b), 98(4)(b)
for summary offence
20(5)
form of
14
of witness
118
person about to abscond to evade trial
134
to show cause why person should not be bound over to be of good behaviour etc.
127(4)
where offence committed outside Northern Ireland if indictment can be preferred
20(6)
commitment of—
direction that person searched under Article 110 to be endorsed on warrant
139
discharge from prison of
14, 16(3), 143(2)
endorsement of consent to bail on remand or committal warrant
16
for failure to pay sum adjudged to be paid by a conviction
91(8), 92, 93, 94
for failure to pay sum under order for periodical payment specified in Article 98(11) of the Order
98(5)
the failure to enforce order other than for payment of money
112(3) to (6)
on committal for trial
37
postponement of issue pending appeal
117
review of, application for
147
separate warrant for each sentence imposed
15
to enforce order on appeal
152
where person ordered to be returned to prison under Article 3 of the Treatment of Offenders (Northern Ireland) Order 1966
15(5) and (6)
distress of—
execution of by police
115,158
141 to 145
execution of arrest warrant where not is possession of arresting constable
158(4)
failure to execute
115(2) to (4)
form of
6, 14
issue, postponement or stay of execution of
114
issue where alleged defect of jurisdiction in order of court
7
re-issue of unexecuted warrant
115(3)
release by police of person arrested without warrant
130
to levy sum adjudged to be payable
92
144
to levy sum recovered in proceedings commenced by notice
109
144, 145
to levy sum ordered on estreat of recognizance
138(4)
144
validity not affected by death of signatory
156
withdrawal of warrant
158(1)
18
further detention, of
Articles 44 and 45 of S.I. 1989/1341 (N.I. 12)
14
WITNESS
attendance at court, summons or warrant for, to give evidence or produce document or thing
118
binding over of witnesses who have deposed at preliminary investigation to attend trial of accused
39
27
dying person able and willing to give evidence relating to indictable offence, deposition of
41
48
evidence before court to be on oath
121
expenses, of, to be included in costs
164 s. 46(2) of 1954 c. 33
failure of witness to enter recognizance to attend at trial on indictment
39(5)
may be directed to be excluded from court until required to give evidence
119(2)
offence, by, where failure to appear at time and place appointed by summons
119(1)
person so ill as to be unable to travel or whose attendance before court cannot be conveniently procured, deposition of
28
48
reading at court of trial of deposition of witness who is dead, insane, so ill as to be unable to travel or kept out of the way by procurement of accused or of conditionally bound witness notice for whose attendance is given too late
42
recall of, for cross-examination after court has determined to try indictable offence summarily
45(3)
refusal, of, to testify etc. without just excuse
120
YOUNG PERSON
saving for Magistrates’ Courts (Children and Young Persons) Rules (NI) 1969
5
service of summons on
11(4)

---
Source: https://www.legislation.gov.uk/nisr/1984/225 (the official version)
Page: https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.