Appendix Index to Magistrates’ Courts (Northern Ireland) Or

Northern Ireland

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)
	defined			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)