{
  "url": "https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/appendix-1",
  "json_url": "https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/appendix-1.json",
  "legislation": "nisr/1984/225",
  "legislation_title": "Magistrates’ Courts Rules (Northern Ireland) 1984",
  "legislation_url": "https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984",
  "path": "appendix/1",
  "kind": "appendix",
  "number": "Index to Magistrates’ Courts (Northern Ireland) Or",
  "heading": null,
  "text": "Subject\nArticle of 1981 Order or other provision\nProvision of Rules\nABANDONMENT\nappeal of, including case stated\n145, 150, 151(1)(a), 152\n157\nexcess of, in debt proceedings\n64\n84(2), 85(2)\nACCOUNT\ndebt proceedings on foot of whole account where does not exceed £250\n62(1)\npayment on account before hearing to reduce costs\n88\nADJOURNMENT (see also REMAND)\namendment of forms, for\n154(2)\ncivil complaint, in proceedings on, for—\nnon-appearance of complainant\n82, 161\nnon-appearance of defendant\n81, 161\nnon-appearance of both parties\n83\ncomplaint charging summary offence, for–\nnon-appearance of complainant\n26\nnon-appearance of accused\n23\nnon-appearance of both parties\n27\nconviction, after, for inquiries or to determine suitable method of dealing with case\n50\ncosts on\n163(3)\ndebt or ejectment proceedings, of, for non-appearance of defendant\n73(2)\nfor inquiry into physical or mental condition\n51\ngenerally—\n161\nnotice to parties and witnesses where case adjourned to date to be fixed in civil cases\n161(3)\npreliminary investigation of, to another district\n36\n30\nreasons for adjournment under Article 50 or 51 to be entered in Order Book\n19(9)\nsentence, for, to other court\n52\nwhere court unable to sit, by clerk of petty sessions\n161(5)\nADULT\nmay be tried summarily for indictable offences specified in Schedule 2\n45\n43 to 47\nAFFIDAVIT\nto prove service of summons, process or document\n126\n11(7)\nAFFILIATION ORDER (see ORDER)\nAIDER AND ABETTOR\noffence\nmay 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\nparagraph 13 of Sch. 2\nof offence under section 4(1) of Criminal Law Act (Northern Ireland) 1967 (impeding apprehension or prosecution of offender)\nparagraph 11 of Sch. 2\nof offence under section 5(1) of Criminal Law Act (Northern Ireland) 1967 (failure to disclose information of offence)\nparagraph 12 of Sch. 2\nof summary offence, guilty of that offence\n59\npunishment of\n59\nAMENDMENT\nadjournment to allow, where party misled of order—\n154(2)\non appeal by case stated\n147(1)\non appeal to county court\n145 powers under Article 28 of County Courts Order (NI) 1980\nof forms may be allowed\n154(1)\nof order, by High Court on application to quash\n159\nAPPEAL FROM MAGISTRATES’ COURT\nabandonment of\n150\nenforcement of order where appeal abandoned\n152\nestreat of recognizance or payment of costs on abandonment\n151\nbail on\n148\nby way of case stated to Court of Appeal\n146\nbail on\n148\nfees for\n149(2)\npowers of Court of Appeal\n147\npreparation\n160\nprocedure on\n146\n158 to 161\ncosts\npower of Court of Appeal where appeal abandoned, not prosecuted or case stated not transmitted\n151\ndocuments, in connection with—\nappeal to county court\n154 to 157\nappeal by case stated\n158 to 160\nejectment proceedings in, recognizance to contain undertaking as to waste, etc.\n70\nno appeal against certain orders on conviction—\nprobation order, order for conditional or absolute discharge, order as to costs, orders referred to in Schedule 5 para 9(1)\n140(2)\nno appeal against distress under Article 98(4), imprisonment under Article 98(5)\n143(2)\nprocedure, on appeal\n144\n154 to 157, 161\nrecognizance to prosecute appeal to county court—\n149\nagainst conviction or sentence\n140\nagainst imprisonment or fine for misbehaviour in court imposed under Article 160\n142(1)\nagainst order to enter into recognizance\n141\nagainst order in debt or ejectment proceedings\n143\nagainst order in proceedings begun by notice of application or appeal\n143\nagainst order on civil complaint\n143\nagainst punishment for failure to obey order under Article 12\n142(2)\ntime for appeal—\nto county court\n144\nby case stated\n146\nwarrants, decrees, etc., to enforce magistrates’ courts order not to issue until appeal disposed of\n117\nAPPEALS AND APPLICATIONS TO MAGISTRATES’ COURTS\ngenerally\n76\nprocedure\n97 to 101\ntimes of hearing\n101\nAPPEARANCE\ncorporation, by, where charged with indictable offence\n166 and Sch. 4\ncounsel or solicitor, by\n164\ngenerally\n164\nin person compulsory—\nfor claiming trial by jury for summary offence punishable by more than 6 months’ imprisonment\n29\n24\nfor preliminary investigation or inquiry\n30\n26 and 35\nrelatives, by\n164(2)\nARREARS\ncollecting officer, proceedings for, under order for periodical payment\n85(5)\ncomplaint for arrears under order for periodical payment to be made before expiration of three years from default\n98(1)\nenforcement of, for periodical payment\n98\nno appeal against order for distress or commitment or order attaching pension or income for failure to obey order for periodical payment\n143(2)\npayment of rent, power to postpone issue of decree for\n116\npower to remit arrears under order for periodical payment\n87\nrent, of, claim for recovery may be joined with claim, in ejectment\n72(3)\nARREST (see also WARRANT)\nmoney found on defaulter on arrest may be applied towards payment of fine or sum due under order for periodical payment\n110\nperson arrested without warrant and not released to be brought before court within 48 hours\n131\npower of constabulary to release person arrested on bail\n130\npowers of RM or JP to release arrested person other than on bail\n132\nwarrant for person committed for trial on complaint of surety where he is about to abscond\n134\nwarrant for person accused of summary offence who fails to appear in court\n25(1)\nwarrant for person accused of indicable offence whether in first instance or later\n20(1)\nwarrant for person failing to pay under order for periodical payment\n98(1)(b)\nwarrant may be executed until withdrawn in any part of Northern Ireland and notwithstanding it is not in officer’s possession\n158\nwarrant for witness where JP satisfied he will probably not attend preliminary investigation or who fails to appear in answer to summons\n118\nATTACHMENT OF EARNINGS ORDER (see ORDER)\nPart VII D\nATTEMPT\nperson charged with summary offence may be convicted of attempt\n60(2)\nto commit summary offence is such an offence and offender may be proceeded against, tried or punished as for completed offence\n60(1)\nto commit offence in Schedule 2 (indictable offences triable summarily)\npara 13 of Sch. 2\nBAIL\naccused to be told of right to apply to High Court or Crown Court\n148(2)\n51, 148\nafter failure to appear at trial on indictment\n40(4)\napplication for, at any time before trial on indictment after committal\n37(4)\ncommittal for trial on\n37\nconstabulary, by, after arrest without warrant\n130\ncontinuous—\nfor defendant\n48\nfor witness\n118(4)\nendorsement on warrant\n129\n16\nmagistrates’ court in adjourning proceedings for offence may remand accused on bail\n47\non appeal against conviction or sentence or by way of case stated in criminal proceedings\n148\non remand for medical examination\n51\n49\non remand after conviction for inquiries\n50\nperiod of remand on bail\n47\npower of JP to release person in custody after arrest for offence\n132\nrecognizance to be in such amount as appears sufficient to ensure performance of conditions\n135\nsureties, general power to add\n136\ntreason or treason felony, bail not to be granted without consent of Secretary of State\n38\nwarrant of discharge where person bailed before expiration of period of remand\n16(3)\nwhere person arrested as about to abscond before trial\n134\nwhere accused unable to give bail for appearance at petty sessions, RM may hear complaint out of petty sessions\n18(2)\nwhere 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\n153\nwitness after arrest for failure to appear\n118(4)\nBINDING OVER\nappeal by person ordered to enter recognizance to keep peace or be of good behaviour\n141\ncomplainant and witness to attend trial\n39\ncomplainant to prosecute or give evidence upon issue of warrant\n17\ndischarge of surety from\n128\nfailure to enter into recognizance to keep peace, etc.\n127(7)\nfor misbehaviour in court\n127(1)(c)\ngenerally\n127\nprocedure for binding witnesses and prosecutor to attend trial at county court or assize\n27\nBOUNDARIES\noffences committed on or near\n17\nof petty sessions districts generally\n11\nCHILD\nmode of service of summons where person summoned is child or young person\n11(4)\nsaving for Magistrates’ Courts (Children and Young Persons) Rules\n5\nCIVIL MATTER\ndefined\n77(1)\ndismiss without prejudice\n84\n103(2)\nhearing of proceedings on complaint in\n80\n102\nissue of summons on complaint in\n79\n8, 11\nnon-appearance of defendant\n81\nnon-appearance of complainant\n82\nnon-appearance of both parties\n83\norder on consent in\n80\n103(1)\nproof of service on defendant\n81(2), 126\n11, 13\nproceedings to be on complaint\n77(2)\ntime within which complaint to be made\n78\nCLERK OF PETTY SESSIONS\nappointment of\nsee s.69(2) of 1978 c.23\ndeath of or cesser in office\n156\ndefinition of\n2(4)\ndefrayal of expenses in defending action\n10(1)\nimmunity from action of\n8(2)\nCOLLECTING OFFICER\ncertificate that sum not paid, to be evidence\n123\nmay send payments by post\n104(2)\nmethod of payment through\n104\norder that periodical payments be made through, to be notified to parties\n104(1)\npower to order periodical payments through\n85\nproceedings to recover arrears\n85(5)\nremuneration where not clerk of petty sessions\n85(7)\nCOMMISSION OF THE PEACE\nform of and generally\nsee s.103 1978 c.23\nCOMMITTAL\ndefault in payment under order for periodical payment\n98\ndefault in payment of sum adjudged by conviction\n92\nenforcement order, under, for failure to satisfy decree in debt proceedings\n128, 129\nfor misbehaviour in court\n160\nfailure of witness to enter recognizance to attend trial on\n39(5)\nfailure to comply with order to enter recognizance to keep peace etc.\n127(7)\nif warrant issued on conviction, court to state reason for not allowing time to pay\n93\nin default of distress for sum due under estreated recognizance\n138(4)\nmaximum period in default of payment of sum adjudged to be paid by conviction\nSch. 3\nmeans to be taken into account before immediate committal for failure to pay sum adjudged by conviction\n93\nrelease from or reduction of period on payment\n111\n140 to 142\nreplacement of power to make orders under Debtors (Ireland) Act 1872 for enforcing payment under decree in debt proceedings\nPart VIII of SI 1981/226 (NI 6)\nreport where person under 21 has been under supervision\n94(2)\nrestrictions on committal in default of payment of sum adjudged to be paid on conviction\n93\ntrial for—\naccused about to abscond, where\n134\nbail, on\n37, 38\n16, 153\ncorporation, of\n166 and Sch. 4\ncustody, in\n37, 38, 40\n16, 153\nfailure to appear, after\n40\ngenerally\n37, 38, 39\n25 to 42\nreconsideration, after, where RM has not convicted of indictable offence summarily\n46(2)\nwhere imprisonment in default of distress is consecutive to another term\n56(3)\nwitness refusing to testify\n120\nCOMMITTEE\nMagistrates’ Courts Rules Committee\n13 to 15\nCOMPENSATION\norders for compensation on conviction\nArticle 3(1) of SI 1980/704 (NI 6)\nother than for loss or damage due to accident arising out of presence of motor vehicle on road\nArticle 3(2) of SI 1980/704 (NI 6)\nCOMPLAINT (see CIVIL MATTER)\nappeal in proceedings on complaint to which Part VIII applies\n143(3)(d)\nby surety that person bound over has been or is about to be guilty of conduct in breach of recognizance for good behaviour\n128\nexecution of warrants, in proceedings upon\n143\nform of\n7\ngenerally\n16 to 27, 77 to 84\nincludes information\n2(3)\nmay be struck out on non-appearance of complainant or both parties\n26, 27, 82, 83\norder allowing time for payment or for payment by instalments, in proceedings on\n91, 97\nstatement of in preliminary investigation or inquiry\n25, 32(5), (6) and (7)\nsupply of to accused on committal for trial\n29\nto whom payments of sums ordered to be paid in proceedings upon complaint are to be made\n140\nwhen on oath\n20(7), 118(2)\nwording of\n6, 7(7)\nCONSENT\nin proceedings on civil complaint\n80(3)\n103(1)\nof accused to summary trial of indictable offence\n45(1)\n45(6)\nof prosecutor to summary trial of indictable offence\n45(3)\n45(2)\norder by consent in debt or ejectment proceedings\n73(5)\nCONTEMPT\nanalogous to—\nenforcement of orders other than for payment of money\n112\nmisbehaviour in court\n160\nreports of preliminary investigation in breach of court order\n44\nCONTRACT\ndebt proceedings on\n62\nCONTRIBUTION ORDER\nenforcement of\n98(11)(f)\nCONVICTION\nalternative in summary trial of indictable offence\n46(3)\nappeal against\n140\n154 to 156\nascertaining means after conviction: statement of wages by employer\n122\ncertificate of\n20\ncompensation, order for on\nArticle 3(1) of SI 1980/704 (NI 6)\nenforcement of payment of sum adjudged on\n92, 93, 94,\n105, 106\nissue, postponement or stay of execution of warrant for sum adjudged on\n114\nmaximum period of imprisonment for default in payment of sum adjudged on\n92 and Sch. 3\nnotice to defendant of previous convictions\n23(6)\nnotice to defendant of sum adjudged to be payable by a conviction\n105\nprevious, irrevelant not to be referred to orally\n23(2) to (6)\nrelease on payment of sum adjudged to be paid by a conviction\n111\nright to claim trial by jury where offence carries more than six months’ imprisonment only where accused previously convicted\n29(4)\n24(2)\nsearch of accused after\n110\nsum adjudged to be paid by, includes costs, damages or compensation\n2(5)\nsupervision of person under 21 until sum paid\n94\ntime allowed for, instalments allowed in payment of sum adjudged to be paid by\n91\n138\nwhere time to pay or payment by instalments allowed entry to be made in Order Book\n137\nCORPORATION\nappearance of, where charged with an indictable offence\n166 and Sch. 4\ncommittal for trial\nSch. 4\njurisdiction where has registered office or principal place of business\n16(1)(b)\nmodification of the rules where accused is a corporation\n36\nservice of summons on\n11(4)\nwhere to be bound by recognizance, latter to be signed by director or officer\n150(7)\nCOSTS\nadjournment, of\n163(3)\nappeal, on, by way of case stated\n147(1)(c)\nappeal, on, to county court\n145\nappeal abandoned, where by public or local authority or constable, court may order appellant to pay costs\n151(3)\ncivil complaint, in proceedings on, costs may be awarded\n163\ncivil complaint, in proceedings on, costs recoverable in same manner as any other sum recoverable\n97\ncommitment and distress, of, to be paid together with sum in default of payment of which order made, before release from custody\n111\ncommitment where insufficient distress had for sum adjudged by conviction including costs\n92\ncommittal order in debt proceedings, order for costs made with\n129(2)\ndebt proceedings, in, costs may be awarded\n163\n92 and Sch. 2\nejectment proceedings, in, costs may be awarded\n163\n96 and Sch. 3\ngenerally\n163\nnotice, in proceedings commenced by, under Part VII of Order\n109\nperiodical payment, order for referred to in Article 98\n98(4)\ncosts of enforcement\n98(4) to (5)\ncosts of original proceedings for order\n98(1)\nprocess of, to be stated and, if paid with sum claimed and outlay before entry day, reduced by 50%\n57(2)\nrecognizance, estreat of, for failure to prosecute appeal, court may order payment of appellant’s expenses out of sum estreated\n151(2)\n“sentence”, appeal against, does not include order for payment of costs\n140(2)(b)\n“sum adjudged to be paid by conviction” includes costs\n2(5)\nwhere more than one defendant in debt or ejectment proceedings\n73\nCOUNTERCLAIM\nabandonment, amount of, to be stated in counterclaim to give jurisdiction\n85\nadmitted if, court may direct amount to be set-off\n65(2)\ndebt proceedings, abandonment of excess in\n64(2)\nnotice of set-off or counterclaim to be given\n85\nCOUNTY COURT\npowers on appeal\n145\ntransfer of debt or ejectment proceedings to\n75\n80\nCOURT OF APPEAL\npowers on appeal by case stated\n147\nCOURT OF SUMMARY JURISDICTION\ndefined\n2(2)(a)\nSch. 5 para 6\nCUSTODY (see REMAND)\nappeal, pending, sentence suspended\n153\ncommittal for trial, in\n37\ndetention in, where default in periodical payment\n98\nendorsement for release from, on warrant of commitment\n16\nrelease from—\non appeal\n148\nafter committal for trial\n37(4)\nrelease from—\nafter arrest without warrant\n130, 131\nremand in—\nadjournment, on\n47, 161\ncommittal for trial\n37\n16\nconviction after\n50\nin case of illness or accident\n49\npreliminary investigation at\n36, 37, 47\nperiod of\n37, 47\nDEATH\nof resident magistrate, justice of the peace or clerk of petty sessions does not invalidate document signed by him\n156\nof summons server, production of process book and verification of his hand-writing to be prima facie evidence of entries\n62\nDEBT PROCEEDINGS\nabandonment of excess in claim\n64(1)\n84(2)\nappeal—\ndecree not to issue until disposed of\n117\nlies to county court\n143(3)(a)\ncommittal order, in, duration\n135\ncommittal process and order\n129\ncosts, in\n163\n92 and Sch. 2\ndecree in—\nincludes what\n2(3)\ndefined\n2(3), 62(5)\n53\nenforcement of decree, in—\ngenerally\nS.I. 1981/226. (N.I. 6)\nprocess and order\n128\nhearing of\n73\nissue of process\n72\njurisdiction in\n62\nmay issue absolutely or conditionally\n74\npostponement of issue of\n116\n91, 94\nservice of enforcement and committal process\n130\nset-off or counterclaim\n85(1)\nwhere part of set-off or counterclaim abandoned\n64(2)\n85(2)\ntender\n90\ntime limit for\n63\n90(1)\nwhere remainder of account abandoned\n64\nDECREE (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS)\nmeaning of\n2(3)\nwhere value added tax recoverable\n92(4), 96(4)\nDEPOSIT\nacceptance of, in lieu of sureties to recognizance\n137\nappeal to High Court against amount of security to be given in lieu of sureties\n148(2)\nappeal to county court against estreat recognizance\n141(2)\nwhere condition of recognizance performed sum deposited or security to be repaid\n137(4)\nDEPOSITION\ncopy to be supplied to accused\n29\nforwarding to trial court\n28\npreservation of, where indictable offence tried summarily\n47\nreading of at trial on indictment, of person dead, insane, unable to travel or kept out of way\n42\ntaking of, dying person in connection with indictable offence\n41\n48\ntaking of, in connection with summary offence, where person sick or unable to attend\n28\n48\ntaking of, procedure at preliminary investigation\n30\n26\nDESTRUCTION\napplication for order for destruction of property\n76(1)(c)\nDETENTION (see CUSTODY AND REMAND)\ncustody in, after arrest without warrant\n131\nin precincts of court for one day in lieu of imprisonment\n57\nof person defaulting in periodical payment\n98\npending appeal\n144, 148\nDISCHARGE (see RELEASE)\nabsolute or conditional discharge, no appeal against, except where appellant pleaded not guilty\n140\napplication for, for discharge of order for periodical payment\n86\ndecree in debt proceedings to be full\n66\nsurety, of, from recognizance to be of good behaviour etc.\n128\nsurety, of, from recognizance of person committed for trial\n134\nDISMISS\ncharge for indictable offence, where dismissed after summary trial, to have same effect as acquittal on indictment\n46(5)\ncomplaint for criminal offence—\nnon-appearance of complainant\n26\nnon-appearance of both parties\n27\ncomplaint in civil matter may be dismissed without prejudice where court unable to adjudicate on merits\n84(1)\ncomplaint in civil matter may be dismissed on merits where court has adjudicated on merits\n84(2)\ndebt or ejectment proceedings may be dismissed either on merits or without prejudice to a further claim\n73(6)\n74\nprocedure where previous dismiss without prejudice produced in debt or ejectment proceedings\n75\nDISTRESS\ndefault of payment of sum adjudged to be by a conviction, in\n92\n144\nenforce, to, order for periodical payment\n98\n144\nenforce, to, payment of sum recovered in proceedings commenced by notice\n109\n144\nform and execution of warrant of\n14, 143\nto levy amount due under a recognizance\n138\n144\nwhere imprisonment imposed for want of sufficient, payment of sum due\n111\nwhere person sentenced to imprisonment default of distress may be ordered to run consecutively to any other imposed for same offence\n56\nDOCUMENTS\namendment of\n155\nrefusal to produce\n120\nsigning of, on behalf of Clerk of Petty Sessions\n22\nsummons to produce as witness\n118\ntaken out of petty sessions\n21\ntransmission of\non appeal to county court\n144(5)\n155\nto trial court\n37(5)\n28, 42\nwording of\n6\nDOMESTIC PROCEEDINGS\nattendance at\n89\nexclusion of witness from\n89(3)\nmeaning of\n88\nprocedure in\n89\npublication of reports\n90\nEJECTMENT PROCEEDINGS\nappeal in\n70, 117, 143(3)(b)\ncosts, in\n163\n96 and Sch. 3\ndecree—\ngenerally\n67, 74, 116, 117\n131 to 134\npostponement, of\n116\n131 to 134\ndefined\n2(3)\ndismiss\n73\nenforcement generally\nSee S.I. 1981/226 (N.I. 6)\ngenerally\n67 to 75\n53 to 83, 95, 96\nhearing of—\n73\nnon-appearance of defendant\n73(2)\nnon-appearance of both parties\n73(3)\njoinder with claim for recovery of rent\n72(3)\nlandlord or owner, meaning of, in\n71 Sch. 5 para 8(2)\nlimitation, in\n68\nmeaning of\n2(3)\n53\nsaving for other proceedings\nSch. 5 para 8(1)\ntransfer of proceedings to county court\n75\n80\nESTREAT OF RECOGNIZANCE\nabandonment of or failure to prosecute\n151\nappeal against\n141(2)\nlandlord or owner may receive compensation for waste, etc., out of sum levied on estreat of recognizance to appeal\n70(2)\nprocedure on\n138\nEVIDENCE\nat hearing to be on oath\n121\ncertificate 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\n123\ndeposition—\nin proceedings for summary offence by witness unfit to travel etc.\n28\n48\nin relation to indictable offence\n41\n48\nof witness conditionally bound to give evidence at trial\n39, 42\n28, 42\norder of hearing at summary trial of offence\n22 to 27\n23\norder of hearing in proceedings on civil complaint\n80 to 84\n102\nobjection as to variance between complaint and evidence adduced\n154, 155\n6\nonus of proving exceptions in proceedings on complaint\n124\npreliminary investigation, at\n30, 36, 37, 39, 41, 42, 44\n26 to 30\nformal admission under Criminal Justice (Miscellaneous Provisions) Act (N.I.) 1968\n38, 52\npreliminary Inquiry—\nauthentication of statements etc.\n41\nconduct of Inquiry\n35\ngenerally\n31 to 42\ninterpretation\n31\nobjection to preliminary Inquiry\n34\nprocedure where statement not admitted in evidence\n40\nproof by affidavit of service of documents\n126\n148\nproof of formal admission\n38\nservice on clerk of notice of intention to request inquiry\n32\nservice on accused\n33\nstatements etc. to be sent to court of trial\n42\nstatements to be in prescribed form and exhibits identified\n39\nstatement of wages, as\n122\ntaking through television link\nArticle 81 of SI 1989/1341 (N.I. 12)\n25A, 31(2)\nwhere corporation accused\n36\nwitness may be excluded from court during proceedings in which he is to give evidence\n119(2)\nEXEMPTIONS AND EXCEPTIONS\nonus of proof of\n124\nEXPENSES\nappeals, in, where recognizance estreated\n151\nLord Chancellor, of\n167(1)\nproceedings against R.M. or J.P. in\n10\nRules Committee of\n167(2)\nFEES\nremission of\n162\nFINE (see also CONVICTION)\nfailure to give change of address to collecting officer\n85(8)\nmisbehaviour in court, for\n160\nappeal against\n142(1)\nperiod of imprisonment in default on payment of\n92, 2(5) and Sch. 3\npower to fine where enactment gives powers to imprison\n54\npower to reduce fine under certain enactments\n55\npublication—\nof evidence ordered not to be printed or published\n44(3)\nof evidence in domestic proceedings\n90\nwitness, on—\nfor failure to appear\n119(1)(a)\nfor failure to obey order of court excluding him\n119(1)(b)\nFINGER AND PALM PRINTS\norder for taking\n61\nprints and records to be destroyed on acquittal etc.\n61(4)\nFORFEITURE\napplication to court, for forfeiture of property\n76(1)(c)\ndisposal of non-pecuniary\n58\nof money or valuable security on\n137\nFORMS\namendment of\n154, 155\n6\ncertificate of conviction or order\n20\ndocuments taken out of petty sessions\n11\nobjections for want of form\n154\nproof of service of, by affidavit\n126\nvalidity, of, where signatory dead\n156\nwording of\n6\nHANDWRITING\nproof of that of R.M. or J.P.\n126\nIMMUNITY\nin proceedings against R.M. or J.P. arising out of execution of office\n5\nIMPRISONMENT\naccruaI of arrears of payments under for periodical payments\n87\naiders and abettors\n59\nappeal, against sentence of\n142\nappeal, pending\n153\ndefault, in, of distress, period imposed in addition to imprisonment for same offence\n56(3)\ndefault, in, of distress where recognizance estreated\n138(4) and Sch. 3\ndefault in payment due under order for periodical payment\n98\ndefault in payment of fine or other sum adjudged by conviction, maximum period of\n92 and Sch. 3\nfor failure to enter recognizance binding to peace\n127(7)\nfor failure to obey order other than to pay money\n112\nmaximum consecutive periods\n56\nmaximum for, indictable offence tried summarily\n46(4)\nmisbehaviour in court, for\n160\npower to impose fine in lieu of\n54\npower to order detention in court precincts for day, in lieu of\n57\nrefusal to enter into recognizance to attend trial\n39(5)\nrefusal to testify\n120\nrelease from or reduction of, where sum paid\n111\nright to claim jury trial where offence carries maximum sentence of more than six months\n29\nlNDICTABLE OFFENCE\ncorporation charged with\n166 and Sch. 4\nissue of summons or warrant for\n20\npreliminary investigation or inquiry\n2(2)(b), 16, 30 to 44\n25 to 42\nsummary trial of—\nalternative conviction, on\n46(3)\nconsent of accused and prosecutor required\n45(1) and (3)\ngenerally\n45,46, Sch. 2\n43 to 47\nno limitation period\n19(b)\nout of petty sessions\n18(2)\nscheduled offence without Attorney General’s certificate\n24(3)\nJOINDER OF PROCEEDINGS\nclaim for arrears of rent etc. not exceeding £100 with claim in ejectment\n72(3)\ntwo or more causes of action may be joined in same process\n84(3)\nJURY\nelection for trial by, where summary offence punishable by more than six months’ imprisonment\n29\n24\nnotice of right to be tried by jury, before indictable offence may be tried summarily\n45(1)\n44\nJUSTICE OF THE PEACE\naction does not lie against, unless court acted without jurisdiction\n5\nappointment of,\ns.3 1964 c.21 and see s.103 1978 c.23\nbankruptcy of\ns.5, 6(2) and (3) 1964 c.21\ncommissioner of oaths, disqualified from acting as\ns.6(1) 1964 c.21\ndeath of, does not invalidate documents issued in proceedings\n156\ndeletion from commission of name of deceased\nsee s.103 1978 c.23\ndischarge from office of by omission from commission or Secretary of State may issue writ of supersedeas\ns.8 1964 c.21\ndisqualification from acting does not affect validity of documents issued in proceedings\n156\nHigh Court, application to for order requiring R.M. or J.P. to act\n8\nincapable, not to be deemed by reason of membership of local authority, payment of rates or contribution to fund maintained by such authority\ns.6(4) 1964 c.21\njurisdiction and functions of—\ngenerally\n3 and Sch. 1\nlocal\n4\nto determine out of petty sessions\n18 and Sch. 1 Part II\noath of\ns.7 1964 c.21\nJUVENILE COURTS\nassigning to juvenile courts of school attendance class\n15(2) and (3)\ndeemed to be courts of summary jurisdiction\nSch. 5 para 6\npower to make Rules under certain enactments, to be exercisable by Rules Committee\n15(1)\nsavings for Magistrates’ Courts (Children and Young Persons) Rules (N.I.) 1969\n5\nMAGISTRATES’ COURTS\ngeographical jurisdiction—\ncomplaint in a civil matter\n77\ncriminal charges\n16, 17\ndebt proceedings\n72(1)\nejectment proceedings\n72(2)\nmeaning of\n2(2)(b)\nsummary trial of charges in and out of petty sessions\n18\nMAINTENANCE ORDER (see ORDER)\nMISBEHAVIOUR IN COURT\n160\nMONEY\napplication of, found on person to satisfy sum adjudged by conviction or periodical payment\n110\nNON-APPEARANCE\nadjournment, after—\nin proceedings for summary offence—\naccused does not appear\n23\ncomplainant does not appear\n26\nboth parties do not appear\n27\nadjournment of, where accused has failed to appear at adjourned hearing of proceedings for offence\n25(4)\nafter court has assumed power to try indictable offence summarily\n46(1)\nat assizes or county court after indictment presented\n40\nat time appointed for trial on indictment\n138\nat time appointed for hearing—\nof complaint for summary offence—\naccused does not appear\n23\ncomplainant does not appear\n26\nboth parties do not appear\n27\nof civil complaint—\ndefendant does not appear\n81\nplaintiff does not appear\n82\nboth parties do not appear\n83\nat time appointed for hearing (or adjourned hearing) of debt proceedings—\ndefendant does not appear\n73(2)\nplaintiff does not appear\n73(3)\nboth parties do not appear\n73(3)\nat time appointed for hearing (or adjourned hearing) of ejectment proceedings—\ndefendant does not appear\n73(2)\nplaintiff does not appear\n73(3)\nboth parties do not appear\n73(3)\nin proceedings on civil complaint—\ndefendant does not appear\n81\ncomplainant does not appear\n82\nboth paries do not appear\n83\nof tenant in ejectment proceedings to show cause why possession should not be given\n67(4)\nof accused through illness or accident\n49\non appeal\n145\non remand for indictable offence\n20(3) and (4)\nwitness of\n118(3)\nNOTICE\nabandonment of appeal, of\n150, 151\n157\nabandonment of excess in debt process or set-off or counterclaim\n64\n84(2)\nadjournment of, where accused convicted on written plea of guilty, before passing sentence\n10(4)\nadjournment of, where accused has failed to appear at adjourned hearing of proceedings for offence\n25(4)\nadjournment of, where court has left time and place of resumed proceedings to be fixed\n161(3)\n162\nappeal of, to county court\n144(1)\nappeals and applications to magistrates’ court\n76\n97 to 101\napplication, of, to state a case\n146\n158\napplication to estreat recognizance\n138(3)(a)\napplication for issue of ejectment decree after postponement\n116\n131 to 133\nattendance of witness, for, where witness conditionally bound to attend trial on indictment\n39(3)\nif given too late\n42(4)\nintention, of, to take deposition of sick or dying person\n48\nproceedings commenced by, recovery of sums ordered to be paid\n109\npayer and payee, to, under order for periodical payment of time and place of payment\n104\npayee, to, that payment under order for periodical payments are in arrear\n85(5)\nplea of guilty by post of\n10\nprevious convictions, of\n23(6)\nright to trial by jury given to person charged with indictable offence which may be dealt with summarily\n45(1)\n44\nsum adjudged to be payable of, in absence of defendant\n105\ntransfer of fine order, of\n109\nOATH\nappointment, on, of J.P.\ns.7 1964 c.21\ncourt to be satisfied on oath of certain matters before issuing warrant of arrest for witness\n118(3)\nevidence in magistrates’ court to be on\n121\nwarrant of arrest issued in first instance to be on written complaint on oath\n20(7)\n7(4)\nwarrant of arrest after failure to appear in court to be on written complaint on oath\n25(1)\nwarrant of arrest for default in payment under order for periodical payment to be on written complaint on oath\n98(2)\nOFFENCE\nadjournment of preliminary investigation into, on grounds of security etc. to another district\n36\n30\narrest for offence without warrant, release from police custody\n130\ngeneral rules of jurisdiction for summary trial of offence\n16, 17\nissue of warrant where defendant resident in jurisdiction but offence committed outside Northern Ireland\n20(6)\njoint offence\n16(1)\nlimitation period for proceedings for summary offence\n19(1)(a)\nlimitation, none on proceedings for indictable offence\n19(1)(b)\npower to deal with offence committed outside jurisdiction\n16(4)\nOPEN COURT\ndomestic proceedings, only certain persons to be present at hearing\n89(2)\npower to exclude witness from proceedings until required to give evidence\n119\npreliminary investigation, place of sitting deemed to be\n35\nreferences to preliminary investigation include preliminary inquiry\nSch. 5 para 3\nrestrictions on reporting domestic proceedings\n90\nrestrictions on reporting preliminary investigation\n44\nORDER\namendment of, on appeal by case stated\n145\namendment of order of magistrates’ court on application to quash it\n159\nattachment of earnings—\nconsolidation of\n118\ndischarge of\n116\ndisposal of sums under consolidation of\n119\nform of\n111\nparticulars of defendant to be included in\n113\nservice of orders and notices in respect of temporary variation of\n112, 114, 120 and 121\nprotected earnings rate\n117\nvariation of\n114, 115\ncertificate, of\n20\ncollecting officer may be ordered to receive payments under order for periodical payment\n85\ncommittal for failure to pay under order for periodical payment specified in Article 98(11) i.e. affiliation, maintenance, contribution, order, etc.\n98\ncommittal for wilful failure to satisfy decree in debt proceedings\nsee Part VIII SI 1981/226 (NI 6)\n128 to 130\ncommittal for failure to pay sum adjudged payable\n92, 93 and Sch. 3\n105, 106, 110, 140 to 143, 146\ncosts, order for\n163\ndebt and ejectment proceedings in, generally\n70, 71, 73, 74, 77, 79, 87 to 94\ndefined\n2(3)\ndismissal without prejudice in debt and ejectment proceedings\n73(6)\ndismissal without prejudice in proceedings on civil complaint\n84\nenforcement for, no appeal from orders under Article 98\n143(2)\nother than for payment of money, enforcement of\n112\nperiodical payment order for (see Article 98(11) — means affiliation, maintenance contribution, etc.)—\ncopy of, to be served, when\n164\ndischarge, revocation, suspension, variation, etc.\n86\ndomestic proceedings\n88(e), 89\nprobation order, no appeal where accused pleaded guilty\n140(2)(a)\nproof of non-payment under order\n123\nsupervision, for, person under 21 ordered to pay on conviction\n94\nupon consent—\nin proceedings on civil complaint\n80(3)\n102\nin debt or ejectment proceedings\n70, 71\nORDER BOOK\nfinancial penalty enforcement order to be registered in\n107\ngenerally\n19\norders to be entered—\nconsent orders on civil complaint\n103(1)\ndismissal, whether on merits or without prejudice\n103(2)\norders on appeal\n156\nsupervision order\n106(3)\ntransfer of fine order sent to England and Wales or Scotland\n108\ntransfer of fine order from England and Wales or Scotland\n109\nverdict, alternative under Article 46(3)\n46\nPENALTY\ncertain periodical payments not enforceable as civil debt\n98(12)\nPENAL SUM\nreference in any enactment to be construed as including reference to a sum adjudged to be paid by a conviction\nSch, 5 para 2\nPERIODICAL PAYMENT (see ORDER)\nPETTY SESSIONS\ndistricts\n11\nholding of, in courthouse\n12\nJ.P. other than R.M. may not sit in petty sessions\n3(2)\nmeaning of\n2(3)\nPLEA\nclaim to trial by jury for certain summary offences of no effect unless made before plea\n29(2)\n24\nplea to be entered in Order Book\n19\nprocedure at summary trial\n22\n23\nprocedure on appeal\n140\nPOLICE\nconduct of proceedings, by\n165\nduty where person arrested is not released on bail\n131\nfingerprints and palm prints, taking by\n61\npower to release on bail for appearance before magistrates’ court\n130\nsearch of person adjudged to pay sum by conviction or liable under order for periodical payment, where court so orders\n110\nservice of summons where police prosecute\n11(1)\nwarrants, execution by\n158\n143 to 145\nwarrant of arrest, endorsed for bail, where\n129\nwarrant sum due under, may be received by\n111\n141\nPRELIMINARY INQUIRY\nadjournment—\ngenerally\n161\nto another district\n36\ncommittal for trial, after\n42\ncomplaint, statement of and written statements of evidence of witnesses, list of exhibits, etc. to be supplied to accused before inquiry\n32\n33\nconduct of\n35\ncorporation charged, where\n166 and Sch. 4\n36\nfacts to be stated on plea of guilty at trial\n43\njustice of peace other than R.M., by\n1(2), 2(2)(b), 30(1), 42(1) and Sch. 5 para 3\nnotice of intention to request court to hold preliminary inquiry to be served on clerk of petty sessions\n32\n32\nobjection to\n34\nopen court and exceptions\n35\nprocedure at, generally\n32 to 35\n31 to 42\nreading of prosecution witnesses’ statements after accused discharged\n37(6)\nreading at court of trial of statements tendered at preliminary inquiry\n42(3)\nreports of preliminary inquiries\n44 and Sch. 5 para 3\nrequirements as to written statements\n33\nstatement of accused\n34(3) and (4)\n“summary proceeding” does not include\n2(3) Sch. 5 para 3\nsummons or warrant to compel appearance by accused at\n20 and Sch. 5 para 3\nsummons or warrant to compel attendance of witness at\n118 Sch. 5 para 3\nPRELIMINARY INVESTIGATION\nadjournment\ngenerally\n161\nto another district\n36\n30\nbinding over witnesses and complainant to attend trial\n39\n27\ncommittal for trial\n37\n28\ncomplaint statement of, to be given to clerk and accused before preliminary investigation\n25\ncorporation charges, where\n166 and Sch. 4\ndepositions and complaint to be supplied to accused\n29\ndischarge of accused\n37(1)\njustice of peace other than resident magistrate, by\n2(2)(b), 30(1)\nopen court, in, and exceptions\n35\nprocedure at, generally\n30 to 39\n25 to 30\nrestrictions on reports, of\n44\nresident magistrate, by\n2(2)(b) and 30(1)\nstatement of accused, at\n30(4)\n26(8) to (10)\nsummons or warrant to compel appearance of accused, at\n20\nsummons or warrant to compel attendance of witness, at\n118\n“summary proceeding” not to include\n2(3)\nwritten statement or part not admitted in evidence\n40\nPROBATION, ABSOLUTE OR CONDITIONAL DISCHARGE\nentry in Order Book of probation order absolute or conditional discharge\n124\nentry 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\n125\nnotification of discharge etc.\n126\nPROCESS (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS)\ncommittal on enforcement process\nPart VIII of SI 1981/226 (NI 6)\n128\ncommittal process and order\nPart VIII of SI 1981/226 (NI 6)\n129\ncontents of, in debt proceedings\n84\ncontents of, in ejectment proceedings\n95\ncosts of, to be stated in\n57\nhearing of proceedings commenced by\n73\nissue of\n72\n54\nservice of\n58 to 65\nsignature on\n55\nPROPERTY\npower of court to order compensation for damage to property as result of offence other than due to motor accident\nArticle 3 SI 1980/704 (NI 6)\nPROVISO\nburden of proof where accused relies on proviso for defence\n124\nPUBLICATION\nreports of domestic proceedings\n90\nreports of preliminary investigation or inquiry\n44 and Sch. 5 para 3\nPUNISHMENT\naiders and abettors, guilty of summary offence itself\n59\nattempt to commit summary offence is such an offence and offender may be proceeded against, tried and punished as for completed offence\n60(1)\nattempt to commit offence in Schedule 2 (indictable offence triable summarily)\nSch. 2 para 15\ndetention for one day in court in lieu of imprisonment\n57(1)\nmaximum for indictable offence tried summarily\n46(4)\nmaximum for consecutive terms of imprisonment\n56\nmeans to be taken into account in imposing fine as\n53\nwitness for failing to appear, of\n119(1)\nwitness for failing to obey order excluding him\n119\nQUALIFICATION\ndefendant relying on qualification as excepting him from criminal liability must prove it\n124\npersons disqualified from acting as justice of the peace\ns.6 1964 c.21\npersons who are ex-officio Justices of the Peace\ns.3(1) 1964 c. 21\nRECOGNIZANCE (see BAIL and ESTREAT OF RECOGNIZANCES)\nacceptance of deposit of money or valuable sum in lieu of sureties\n137\namount of recognizance\n135\nappearance for on adjournment\n47\nappeal—\nbail on appeal to county court or by case stated\n148\nchief clerk to return to clerk of petty sessions recognizance to appeal where notice of abandonment given\n157\nclerk of petty sessions to prepare form of appeal after\nrecognizance to appeal or prosecute appeal entered\n154\nrecognizance to be sent to appeal court\n155\nrecognizance to prosecute appeal\n149\nrecognizance upon appeal against order for possession of premises\n70\ncommittal for trial—\nrecognizance by complainant to prosecute accused at trial and witness to attend trial\n39(1)\n27\nrecognizances etc., deemed to be varied when preliminary investigation or inquiry adjourned to another district\n36(3)\nrecognizance of accused where committed for trial on bail\n37(3)\n153\nsurety to recognizance of accused to appear at trial may be discharged on application by surety\n134\ntransmission of recognizances to court of trial\n28, 42\nwhere witness refuses to be bound to attend trial\n39(5)\ncommittal warrant may be endorsed for bail\n47\n153\ncorporation, of\n150(7)\ndeposit of recognizances with clerk of petty sessions\n151\ndeemed to be varied where person remanded on bail in his absence due to illness or accident\n49\nestreating recognizances\n138\non remand after conviction for inquiry into physical or mental condition\n51\nperson arrested, in default of making periodical payment, by\n98(3), 98(4)\npolice—\ncopy of recognizance taken by police to be given to person released\n152(1)\npower to release on recognizance\n130\nconditioning of police recognizance for appearance at magistrates’ court\n152(2)\npower to extend time in police recognizance\n130(3)\npower of court to release person from custody without recognizance\n132\npower to order sureties to any recognizance\n136\npower to bind over by recognizance to keep the peace or to be of good behaviour etc.\n127\nsurety to recognizance for good behaviour etc. may apply for discharge\n128\ntaking of recognizances generally\n150\nwhere warrant of arrest issued, complainant may be bound by recognizance to prosecute or give evidence\n17\nRELEASE (see BAIL AND DISCHARGE)\nappellant, of\n148\narrested person—\nendorsement on arrest warrant for release on bail\n129\nduty of police where not released\n131\ndefaulter in making periodical payments\n98(3), 98(4)(b)\npolice power to release\n130\nby court without entering into recognizance\n132\nfrom custody and reduction of period of imprisonment on payment of sum due\n111\nfrom custody after arrest under warrant issued under Article 27(2)(b) or 28(4) of Judgment Enforcement Order 1981\nArticle 29 S.I 1981/226 (NI 6)\non bail—\non appearance before magistrates’ court\n47\n16\non committal for trial\n37(3)\n16\nREMAND\nadjournment, on—\nin proceedings for an offence\n47\nwhere preliminary investigation or inquiry adjourned to another district\n36\nafter conviction\nfor inquiries\n50\nfor medical examination\n51\n49\nbail on\n47, 48\ncontinuous bail on\n48\nendorsement on remand warrant for bail\n47\n16\nfurther remand where accused unable through illness or accident to attend\n49\nin custody\n47, 49 to 51\n50\nin hospital\n163\nrecognizances, on\n150 to 153\nREMUNERATION\ncollecting officers\n85(7)\nresident magistrate\ns.12 1964 c.21\nRENT\narrears of, claim for, may be joined in process for recovery of premises\n72(3)\ndebt, recoverable as\n62\noverholding tenant liable to pay amount equal to rent\n69\nwhere appeal against order for possession recognizance to cover payment of rent due or sums due under section 78\n70\nRESIDENT MAGISTRATE\naction against\n5 to 10\nact in excess of jurisdiction\n5\napplication to High Court where RM refuses to do act relating to duties\n8\nappointment of\ns.9 1964 c.21\nappointment of deputy\ns.10 1964 c.21\ndeath of, not to affect validity of document signed by\n156\ndisqualification for acting\ns.156 1964 c.21\ngeographical jurisdiction\ns.9(2) 1964 c.21, 16, 17\nimmunity, of\n5 to 10\nlegal jurisdiction\n3\nmeaning of\n2(3)\noath of\ns.9(2) 1964 c.21\nout of petty sessions, sitting\n18\npension of\ns.12(2)(b) 1964 c.21\npowers of\nSch. 5 para 6, 3, 18, 46\nrefusal to act\n8\nremuneration, of\ns.12 1964 c.21\nREVIVAL\nof order for periodical payment on civil complaint\n78(2) and 86\nREVOCATION\nof order for periodical payment at any time on civil complaint\n78(2) and 86\nRULES\nfunctions of Magistrates’ Courts Rules Committee\n13 to 15 and Sch. 5 paras 5 and 7\nnon-compliance with Part IV of Rules not to render debt or ejectment proceedings void\n82\npower to amend debt or ejectment proceedings\n82\n“prescribed” means prescribed by Magistrates’ Courts Rules\n2(3)\npower to make Rules as to transmission of documents to trial court or appeal court\n37(5), 144(5)\nsaving for Magistrates’ Courts (Children and Young Persons) Rules (NI) 1969\n5\nSEARCH\nperson, of, adjudged to pay sum by conviction or money due under order for periodical payment\n110\nwarrant; of, may be signed by justice of the peace where authorised by statute\n3(2) Part I and para 2 of Sch. 1\nwarrant, of, may be executed anywhere in Northern Ireland by constable\n158(2)\nSENTENCE\nappeal against\n140\n154\ncomputation of, on appeal\n153\nconsecutive terms of imprisonment\n56\ndeferment of\n127\npostponement for inquiries or medical\n50, 51\n49\npower to sentence person convicted by another court in the same county\n52\nseparate warrants to be issued, where\n15\nsuspended sentences\nsee ss. 18 to 21 of 1968 c.29\nSERVICE (see SUMMONS OR PROCESS)\nadjourned hearing not to be resumed unless parties and witnesses have had adequate notice\n161(3)\n162\nappeal to county court, notice of\n144(1) and (2)\n154\napplication for case stated\n146\n158\nappeals and applications to magistrates’ courts to be on notice\n76(1) and (2)\n97, 98\napplication to estreat recognizance\n138(3)\napplication for issue of decree, where postponed\n116\n131 to 134\nevasion of, proof of, before issue of warrant after failure to appear in summary proceedings\n23(2) and 25(3)\nevasion of service of process, special mode of service\n60\nnotice of right to be tried by jury, where accused charged with indictable offence which may be tried summarily\n45\n44\nprocess, of—\ngenerally\n58 to 61\nenforcement of committal process, service to be personal\n130\nsummons, of—\na reasonable time before hearing\n11\nanywhere in Northern Ireland\n157\ndeemed good\n64\nfor summary offence, proof of service before hearing in absence of accused unless evading service\n23(2) and 25(3)\nfor summary offence, warrant not to be issued for failure to appear at adjourned hearing unless accused had notice of time and place\n25(4)\ngenerally\n11, 12, 13\non civil complaint, before hearing or adjourned hearing\n81(2)\npostal (other than in constabulary prosecutions)\n12\nSET-OFF\ndebt proceedings in—\nabandonment of excess\n64(2)\n85(2)\nnotice of set-off or counterclaim\n85(1)\nSTATEMENT\naccused of—\nin summary trial of indictable offence\n45(1)\n45\nat preliminary investigation\n30, 37(1)\n26\nat preliminary inquiry\n34(3)\n35(5) and (6)\nby employer of wages to be evidence\n122\nopening statement of prosecutor at preliminary investigation or inquiry not to be printed or published\n44, Sch. 5 para 3\nSTAY OF EXECUTION\nof decree in debt or ejectment proceedings\n74\nof warrant issued in criminal proceedings\n114\nof warrant in civil proceedings on complaint\n114(2)\nSTRIKING OUT\nwhere—\nboth parties fail to appear in debt or ejectment proceedings\n73(3)\n68\ncomplainant fails to appear in proceedings for summary offence\n26\ncomplainant or both parties fail to appear in proceedings on civil complaint\n82, 83\nSUMMARY OFFENCE\nissue of summons or warrant for\n20\nlimitation period for proceedings for\n19\nmeaning of\n2(3)\nright to claim jury trial for certain summary offences\n29\n24\ntrial by justice of the peace out of petty sessions of certain summary offences\n18(3) and Part II of Schedule 1\n19(6)\nSUMMARY PROCEEDINGS (see SUMMARY OFFENCE)\nmeaning of\n2(3)\nSUMMARY TRIAL (see INDICTABLE OFFENCE, OFFENCE AND SUMMARY OFFENCE)\nin and out of petty sessions\n18\nof summary offence\n22 to 27\n23\nof indictable offence\n45, 46 and Sch. 2\nSUMMONS (see FORMS)\namendment of, on appeal\n145\namendment of, in magistrates’ court\n154, 155\ndeath of justice of peace signing\n156\nevading service in criminal proceedings, issue of warrant\n20, 23(2) and 25(3)\nfailure of accused to appear, in answer to\n23, 27\nfailure of defendant to appear in proceedings on civil complaint\n81, 83\nfailure of witness to appear\n118, 119\nfailure to pay under order for periodical payment\n98(1)(a)\nform of\n6, 8\nindictable offence for\n20(3)\nissue of—\ngenerally\n4, 20, 79, 98, 156\n8 to 13\non civil complaint\n79\npreparation of\n9\nproof of service by affidavit\n126\nservice of—\ngenerally\n11, 13\nby registered post, when\n13(1) to (5)\nby ordinary post, when in England and Wales or Scotland\n12, 13(7) to (13)\nwitness, to\n18\n8, 9, 11\nSUNDAY\nissue or execution of any arrest or search warrant effectual on Sunday\n158(5)\nSUPERVISION\nof person under 21 until payment of sum adjudged to be paid by a conviction\n94\n106\nSURETY (see RECOGNIZANCE)\ndeposit of money or value security in lieu of\n137\n150(8)\ndischarge of, where person bound over to keep peace or be of good behaviour\n128\ngenerally\n150 to 153\nnotice to, on estreat\n138(3)\nwhere 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\n150(2), 153\nSUSPENSION\nof order for periodical payment of money\n86\nof sentence\n122, 123\nTIME\nadjourned hearing, fixed for\n161\n162\nallowed for payment of sum in proceedings on complaint other than on conviction\n97\n137, 138\nallowed for payment of sum adjudged to be payable\n91, 93, 94\n137, 138\nappeal, time on bail awaiting appeal not to count towards sentence\n153\napplicant to transmit case stated to Court of Appeal within 14 days of receiving it\n146(9)\ndebt proceedings to be commenced\n63\nejectment proceedings to be commenced\n68\nenlargement or abridgement of, in debt or ejectment proceedings\n81\nfor statement of case by court\n146(6)\nissue or postponement of decrees in debt or ejectment proceedings\n116\n131\nmaximum duration of order binding to peace or good behaviour etc.\n127(2)\nmaximum of—\nfor remand in custody\n47, 48, 49\nfor remand on bail\n47\nno limit of, for making complaint charging indictable offence\n19(1)(b)\nof hearing of processes\n61\nof holding of petty sessions\n11\nof entry of process\n66\norder for periodical payment of money may be revoked, suspended, varied at any time\n86\npower of police to extend police bail\n130(3)\nprocess deemed to have issued, at what\n54\nsummons to be served a reasonable time before hearing\n11(6)\nwithin which—\napplications and appeals to magistrates’ courts to be made\n98\napplication for case stated to be made\n146\ncomplaint in a civil matter to be made\n78\ncomplaint charging offence (including continuous offence) to be made\n19\nTRANSFER\nof debt or ejectment proceedings to the county court\n75\nTRANSFER OF FINE ORDER (see ORDER)\nPart VII C\nVARIATION\nof order for continuous bail\n48\nof order for periodical payment, at any time\n86\nof time of appearance in summons, where proceedings adjourned\n161(4)\nVENUE\nof debt or ejectment proceedings\n72(1) and (2)\nof proceedings in magistrates’ court for offence\n16, 17\nof proceedings on complaint in a civil matter\n77(3)\nof summary trial of aider and abettor\n59\nWARRANT (see FORMS)\narrest of—\nafter indictment presented\n40(3)\nendorsement for bail\n37(3), 47(1), 130\n16\nfor indictable offence\n20(3) and (4)\nfor non-appearance before magistrates’ court\n20(4), 23\nfor non-payment of sum under order for periodical payment specified in Article 98(11) of the Order\n98(1)(b), 98(4)(b)\nfor summary offence\n20(5)\nform of\n14\nof witness\n118\nperson about to abscond to evade trial\n134\nto show cause why person should not be bound over to be of good behaviour etc.\n127(4)\nwhere offence committed outside Northern Ireland if indictment can be preferred\n20(6)\ncommitment of—\ndirection that person searched under Article 110 to be endorsed on warrant\n139\ndischarge from prison of\n14, 16(3), 143(2)\nendorsement of consent to bail on remand or committal warrant\n16\nfor failure to pay sum adjudged to be paid by a conviction\n91(8), 92, 93, 94\nfor failure to pay sum under order for periodical payment specified in Article 98(11) of the Order\n98(5)\nthe failure to enforce order other than for payment of money\n112(3) to (6)\non committal for trial\n37\npostponement of issue pending appeal\n117\nreview of, application for\n147\nseparate warrant for each sentence imposed\n15\nto enforce order on appeal\n152\nwhere person ordered to be returned to prison under Article 3 of the Treatment of Offenders (Northern Ireland) Order 1966\n15(5) and (6)\ndistress of—\nexecution of by police\n115,158\n141 to 145\nexecution of arrest warrant where not is possession of arresting constable\n158(4)\nfailure to execute\n115(2) to (4)\nform of\n6, 14\nissue, postponement or stay of execution of\n114\nissue where alleged defect of jurisdiction in order of court\n7\nre-issue of unexecuted warrant\n115(3)\nrelease by police of person arrested without warrant\n130\nto levy sum adjudged to be payable\n92\n144\nto levy sum recovered in proceedings commenced by notice\n109\n144, 145\nto levy sum ordered on estreat of recognizance\n138(4)\n144\nvalidity not affected by death of signatory\n156\nwithdrawal of warrant\n158(1)\n18\nfurther detention, of\nArticles 44 and 45 of S.I. 1989/1341 (N.I. 12)\n14\nWITNESS\nattendance at court, summons or warrant for, to give evidence or produce document or thing\n118\nbinding over of witnesses who have deposed at preliminary investigation to attend trial of accused\n39\n27\ndying person able and willing to give evidence relating to indictable offence, deposition of\n41\n48\nevidence before court to be on oath\n121\nexpenses, of, to be included in costs\n164 s. 46(2) of 1954 c. 33\nfailure of witness to enter recognizance to attend at trial on indictment\n39(5)\nmay be directed to be excluded from court until required to give evidence\n119(2)\noffence, by, where failure to appear at time and place appointed by summons\n119(1)\nperson so ill as to be unable to travel or whose attendance before court cannot be conveniently procured, deposition of\n28\n48\nreading 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\n42\nrecall of, for cross-examination after court has determined to try indictable offence summarily\n45(3)\nrefusal, of, to testify etc. without just excuse\n120\nYOUNG PERSON\nsaving for Magistrates’ Courts (Children and Young Persons) Rules (NI) 1969\n5\nservice of summons on\n11(4)",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1984/225/appendix/1",
    "retrieved_at": "2026-10-29T03:32:12.928261+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}