# Magistrates’ Courts Rules (Northern Ireland) 1984, Rule 23: Order of proceedings on the hearing of a complaint charging a summary offence

Extent: N.I.

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

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Source: https://www.legislation.gov.uk/nisr/1984/225/rule/23 (the official version)
Page: https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/rule-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.