{
  "url": "https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/rule-149AM",
  "json_url": "https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/rule-149AM.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": "rule/149AM",
  "kind": "rule",
  "number": "149AM",
  "heading": "Procedure for applications in proceedings for sexual offences",
  "text": "(1) Application under Article 28(2) of the 1999 Order for leave to adduce evidence of, or ask questions about, any sexual behaviour of a complainant shall be made by giving notice in Form 15I to the clerk of petty sessions and shall, subject to paragraph (10) –\n(a) be served on the clerk of petty sessions not less than 14 days before the day fixed for the commencement of the proceedings to which the application relates; or\n(b) be accompanied by a full written explanation specifying the reasons why the application could not have been served in accordance with sub-paragraph (a).\n(2) An application under paragraph (1) shall contain the following –\n(a) a summary of the evidence it is proposed to adduce and of the questions it is proposed to put to any witness;\n(b) a full explanation of the reasons why it is considered that the evidence and questions fall within paragraphs (3) or (5) of Article 28 of the 1999 Order;\n(c) a summary of any document or other evidence to be submitted in support of such evidence and questions;\n(d) where it is proposed that a witness give evidence as to the complainant’s sexual behaviour, the name and date of birth of any such witness.\n(3) A copy of the application under paragraph (1) shall be served, by the applicant, on every other party to the proceedings at the same time as it is served on the clerk of petty sessions.\n(4) The prosecutor shall notify the clerk of petty sessions and the other parties to the proceedings in Form 15J—\n(a) whether or not he opposes the application, giving reasons for any such opposition, and\n(b) whether or not he wishes to be represented at any hearing of the application,\nand where the notice of application is received by the prosecutor more than 14 days before the date set for commencement of the proceedings to which the application relates, the notification must be served by the prosecutor within 14 days of receipt.\n(5) Where a copy of the application is received by a party to the proceedings other than the prosecutor more than 14 days before the date set for the commencement of the proceedings to which the application relates, that party may, within 14 days, make observations in writing in relation to the application to the clerk of petty sessions and shall serve a copy of such observations on every other party to the proceedings.\n(6) In considering any application under this Rule, the court may request a party to the proceedings to provide the court with such information as it may specify in Form 15K and which the court considers would assist in determining the application.\n(7) Where the court makes such a request, the person required to provide the information shall do so within 14 days of the court making the request or by such time as the court considers appropriate in the circumstances of the case.\n(8) An application under paragraph (1) shall be determined by a district judge (magistrates’ court) following a hearing.\n(9) The date and time of the hearing shall be—\n(a) determined by the clerk of petty sessions after taking into consideration—\n(i) any time which a party to the proceedings has been given to respond to a request for information; and\n(ii) the date fixed for any other hearing relevant to the proceedings; and\n(b) notified by the clerk of petty sessions to both the applicant and the prosecutor.\n(10) An application under Article 28(2) of the 1999 Order may be made orally to the court where the application is made after the proceedings to which the application relates have begun.\n(11) The person making the application under paragraph (10) shall—\n(a) give reasons why the applicant failed to make the application in accordance with paragraph (1); and\n(b) provide the court with the information set out in paragraph (2).\n(12) The clerk of petty sessions shall, as soon as reasonably practicable after the hearing of an application under paragraph (1), notify all the parties to the proceedings of the decision of the court in Form 15L.]",
  "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/rule/149AM",
    "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."
}