{
  "url": "https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/rule-35",
  "json_url": "https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/rule-35.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/35",
  "kind": "rule",
  "number": "35",
  "heading": "...",
  "text": "(1) The court in proceeding to conduct a preliminary inquiry may require the prosecutor to make an opening statement on behalf of the prosecution for the purpose of presenting the written statements of the witnesses upon whose evidence the complaint or complaints are based before the court further proceeds in accordance with Article 34(1) of the Order to consider such statements and any exhibits or to read aloud the contents of such statements or purport thereof or before proceeding to consider any submissions ... made by the prosecutor or by or on behalf of the accused.\n(2) Where at any stage of the inquiry a written statement is admitted in evidence in accordance with Article 33 of the Order the name [ ... ]of the maker of the statement shall be read aloud unless the court in the interests of justice otherwise directs.\n(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) After the court has considered the written statements and admitted as evidence such of them (in whole or in part) as it considers proper and any depositions of witnesses for the prosecution, the charge or charges shall, unless the court has decided not to commit the accused for trial, be again read to the accused or, as the case may be, be drawn to the attention of the accused by reference to the charges as numbered in the statement-of complaint and the court shall inform the accused that he has the right, if he so desires, ... to tender any written statement of a witness which complies with Article 33 of the Order.\n(5) Next the court shall address the accused to the following effect—\nYou are not obliged to say anything in answer to the charge(s) unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence at your trial. Do you wish to say anything in answer to the charge(s)?\n(6) Whatever the accused says in answer to the charge or charges shall be taken down in writing on Form 25A, read over to him and signed by the presiding district judge (magistrates’ court) or lay magistrate and, if the accused so wishes, by him.\n(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8) Immediately after complying with the requirements of this Rule relating to the statement of the accused, and whether or not the accused has made a statement, the court shall ask the accused whether he wishes to tender any written statement of evidence on his behalf which complies with Article 33 of the Order.\n(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(11) Where the court commits the accused for trial upon a charge other than a charge specified in the statement of complaint, the court shall cause that charge to be put into writing and read to him and inform him that he is so committed.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in rule 35(1) omitted (17.10.2022) by virtue of The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(5)(b) (with rule 2); S.R. 2022/221, art. 2(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Rule 35(3) omitted (17.10.2022) by virtue of The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(5)(c) (with rule 2); S.R. 2022/221, art. 2(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in rule 35(4) omitted (17.10.2022) by virtue of The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(5)(d) (with rule 2); S.R. 2022/221, art. 2(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in rule 35(6) substituted (17.10.2022) by The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(5)(e) (with rule 2); S.R. 2022/221, art. 2(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Rule 35(7) omitted (17.10.2022) by virtue of The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(5)(c) (with rule 2); S.R. 2022/221, art. 2(a)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Rule 35(8) substituted (17.10.2022) by The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(5)(f) (with rule 2); S.R. 2022/221, art. 2(a)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Rule 35(9) omitted (17.10.2022) by virtue of The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(5)(c) (with rule 2); S.R. 2022/221, art. 2(a)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Rule 35(10) omitted (17.10.2022) by virtue of The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(5)(c) (with rule 2); S.R. 2022/221, art. 2(a)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Rule 35 heading omitted (17.10.2022) by virtue of The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(5)(a) (with rule 2); S.R. 2022/221, art. 2(a)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Words deleted by S.R. 1990 No. 426 with effect from 1.1.91"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1984/225/rule/35",
    "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."
}