The Magistrates’ Courts (Stalking Protection Orders) Rules (Northern Ireland) 2023

S.R. 2023/175 · Made 20 September 2023 · Extends to Northern Ireland

Magistrates’ Courts

Procedure

Made 20th September 2023

Coming into operation in accordance with Rule 1 19th October 2023

The Magistrates’ Courts Rules Committee makes and the Department of Justice, after consultation with the Lady Chief Justice, allows the following Rules in exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981^f1.

Annotations to the whole text

Footnotes

f1: S.I. 1981/1675 (N.I. 26); Article 13 was amended by paragraph 65 of Schedule 5 to the Constitutional Reform Act 2005 (c.4); paragraph 133 of Schedule 18 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) and paragraph 4 of the Schedule to the Northern Ireland (Miscellaneous Provisions) Act 2014 (c.13).

1Citation, commencement and interpretation
2Stalking protection order and interim stalking protection order
3Application for variation, renewal or discharge
4Service of Documents
Signature
Schedule Schedule
Explanatory note

1Citation, commencement and interpretationI1

(1)

These Rules may be cited as the Magistrates’ Courts (Stalking Protection Orders) Rules (Northern Ireland) 2023 and shall come into operation on the same day as section 7 of the Protection from Stalking Act (Northern Ireland) 2022^f1.

(2)

In these Rules—

(a)

“the Act” means the Protection from Stalking Act (Northern Ireland) 2022 and expressions used have the same meaning as in the Act;

(b)

a reference to a Form by number means the Form so numbered in the Schedule to these Rules or a form to like effect.

2Stalking protection order and interim stalking protection orderI1

(1)

A summons issued on foot of a complaint for —

(a)

a stalking protection order under section 7 of the Act; or

(b)

an interim stalking protection order under section 11 of the Act,

shall be in Form 1.

(2)

A stalking protection order shall be in Form 2.

(3)

An interim stalking protection order shall be in Form 3.

3Application for variation, renewal or dischargeI1

A summons issued on foot of a complaint for the variation, renewal or discharge of—

(a)

a stalking protection order under section 10 of the Act; or

(b)

an interim stalking protection order under section 11(7) of the Act,

shall be made in Form 4.

4Service of DocumentsI1

(1)

Subject to paragraph (2), service of a summons under these Rules may be effected—

(a)

by a member of the Police Service of Northern Ireland serving a copy of the summons on the defendant in person; or

(b)

by sending a copy of the summons by ordinary post to the defendant at the defendant’s last known address (in which case the summons shall be deemed to have been received by the defendant in the ordinary course of post, unless the defendant proves to the contrary).

(2)

In the case of a summons on foot of a complaint for the variation, renewal or discharge of an order specified in Rule 3 issued by the defendant mentioned in that order, service shall be effected in accordance with paragraphs (2), (6) and (7) of Rule 11 of the Magistrates’ Courts Rules (Northern Ireland) 1984^f1 by delivering a copy of the summons to any police station and leaving a copy with the officer in charge or any other constable.

(3)

Where the court makes a stalking protection order or an interim stalking protection order, the clerk of petty sessions shall serve a copy of that order on the defendant—

(a)

where the defendant is present, in person if practicable; or

(b)

by sending it by ordinary post to the defendant’s last-known address (in which case the order shall be deemed to have been received by the defendant in the ordinary course of post unless the defendant proves to the contrary).

(4)

Where the court makes an order varying, renewing or discharging an order specified in Rule 3, the clerk of petty sessions shall serve on the defendant a copy of the order as it has been varied, renewed or discharged—

(a)

where the defendant is present, in person if practicable; or

(b)

by sending it by ordinary post to the defendant at either the defendant’s last known address or any address which is currently notified by the defendant under section 14 of the Act (in which case the order shall be deemed to have been received by the defendant in the ordinary course of post unless the defendant proves to the contrary).

(5)

In paragraph (4), a reference to the defendant is a reference to the defendant in the proceedings in which the order was originally made.

Signature

Nigel Broderick

Steven Keown

Tracey McCloskey

Debbie Maclam

John O’Neill

Dated 20th September 2023

In exercise of the powers conferred upon me by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981 and after consultation with the Lady Chief Justice, I allow these Rules.

Sealed with the Official Seal of the Department of Justice on 9th October 2023

L.S.

Richard Pengelly CB

A senior officer of the Department of Justice

I1

“”

Explanatory note

(This note is not part of the Rules)

These Rules contain provisions relating to sections 6 to 16 of the Protection from Stalking Act (Northern Ireland) 2022 (2022 c.17) which make provision in relation to stalking protection orders.

Rule 2 prescribes the procedure for an application for a stalking protection order and an interim stalking protection order.

Rule 3 prescribes the procedure for an application for variation, renewal or discharge of a stalking protection order or an interim stalking protection order.

Rule 4 prescribes the manner in which a summons or an order required to be served under these Rules may be served.