OpenLegislation

Rule 19 The Order Book

Northern Ireland

(1)

in every proceedings (other than one to which Part VI of the Order applies) the clerk of petty sessions shall enter the particulars of the proceedings and the substance of the decision upon it in a book to be known as the “Order Book” and such particulars may, subject to any directions given by the Lord Chancellor or a district judge (magistrates’ courts), be entered by reference to any other proceedings, particulars of which have previously been fully so entered.

(2)

Subject to paragraph (3) such entry shall be signed by the district judge (magistrates’ courts) or lay magistrate who determined the proceeding [f1 or, where he is unavailable, by the clerk of petty sessions], and after such signature shall be deemed a conviction or order, as the case may be.

(3)

Where a page of the Order Book contains more than one consecutive complete entry relating to proceedings determined by the same district judge (magistrates’ courts) or lay magistrate on the same date, it shall be sufficient compliance with paragraph (2) as regards each entry if [f2 the appropriate district judge (magistrates’ courts) or lay magistrate or, where he is unavailable, the clerk of petty sessions,] signs all the end of the last such entry.

(4)

Where a district judge (magistrates’ courts) or lay magistrate has made a conviction or order out of petty sessions he shall, if an Order Book is not signed, sign and forward a certificate of the proceedings to the clerk of petty sessions, which certificate when signed shall be deemed a conviction or order, as the case may be.

(5)

Upon the receipt of the certificate referred to in paragraph (4) the clerk of petty sessions shall enter the particulars on the certificate in the Order Book and [f3 shall submit the entry to the district judge (magistrates’ courts) or lay magistrate who signed the certificate for his signature or, where he is unavailable, the clerk of petty sessions shall sign the entry himself.]

(6)

Where a lay magistrate hears and determines out of petty sessions any charge against an adult for an offence specified in Part II of Schedule 1 to the Order, the fact that the person charged has consented to be dealt with in accordance Article 18(3) of the Order shall be entered in the Order Book as part of the Order.

(7)

Where at the hearing of a complaint charging a summary offence or where at the summary trial of an indictable offence the accused pleads guilty, the court shall cause the plea to be entered in the Order Book as part of the order.

(8)

Where a court—

(a)

tries summarily any offence for which the accused appearing in person is entitled in accordance with Article 29 of the Order to claim to be tried by a jury; or

(b)

deals summarily under Article 45 of the Order with any person charged with an indictable offence specified in Schedule 2 to the Order upon his consent to be so dealt with;

the court shall cause to be entered in the Order Book as part of the order his election to be tried summarily or as the case may be.

(9)

Where a magistrates’ court adjourns a case under Article 50 or Article 51 of the Order the court shall explain to the accused the reasons for the adjournment and shall cause a note of those reasons to be entered in the Order Book as part of the order.

(10)

Where an application is made to a magistrates’ court for the grant of a civil magistrates’ aid certificate or a criminal aid certificate, the court shall cause a note of the grant or refusal thereof to be entered in the Order Book.

(11)

Where the sitting of a magistrates’ court is adjourned by a clerk of petty sessions under Article 161(5) of the Order shall make a note of such adjournment in the Order Book.

(12)

No erasure shall be made of the particulars entered upon the Order Book.

(13)

Every interlineation or other alteration in the Order Book shall be initiated by the district judge (magistrates’ courts), [ lay magistrate or clerk of petty sessions] signing the entry of the conviction or order.

Annotations

Footnotes

f1

Words inserted by S.R. 1994 No. 387 with effect from 1.11.94

f2

Words substituted by S.R. 1994 No. 387 with effect from 1.11.94

f3

Words substituted by S.R. 1994 No. 387 with effect from 1.11.94