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The Magistrates’ Courts (Criminal Justice (Children)) (Amendment) Rules (Northern Ireland) 2008

S.R. 2008/252 · Made 16 June 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Magistrates’ Courts

Made 16th June 2008

Coming into operation in accordance with Rule 1

The Magistrates’ Courts Rules Committee makes the following Rules in exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981f1 after consultation with the Lord Chancellor and with the agreement of the Lord Chief Justice—

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)

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Magistrates’ Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999
  3. Signature
  4. Schedule Schedule
  5. Explanatory note

1Citation and commencement

(1)

These Rules may be cited as the Magistrates’ Courts (Criminal Justice (Children)) (Amendment) Rules (Northern Ireland) 2008 and, subject to paragraph (2), shall come into operation on the 16th July 2008.

(2)

Rule 2(1) shall come into operation on the same day as Article 92 of the Criminal Justice (Northern Ireland) Order 2008f1 comes into operation.

2Amendment of the Magistrates’ Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999

The Magistrates’ Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999 f1 are amended as follows:—

(1)

In Form 3 of Schedule 1—

(a)

in the heading, at the end, insert—

“

CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2003
(Article 6)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008
(Article 92)

”;

(b)

for “the [youth][magistrates’] court sitting at (place)”, substitute “a [youth][magistrates’] court in accordance with Article 92 of the Criminal Justice (Northern Ireland) Order 2008”; and

(c)

for “Superintendent of the Royal Ulster Constabulary”, substitute “District Commander of the Police Service of Northern Ireland”.

(2)

After Form 18 of Schedule 1, insert new Form 18A as set out in the Schedule to these Rules.

Signature

George Conner

W A McNally

Nigel Broderick

John Rea

John P B Maxwell

Dated 16th June 2008

Explanatory note

(This note is not part of the Rules)

These Rules amend the Magistrates’ Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999 [S.R.1999 No.7] (“the principal Rules”) in consequence of the Criminal Justice (Northern Ireland) Order 2008 (‘the 2008 Order’).

  • Rule 2(1) amends Form 3 of the principal Rules (Warrant for arrest of child) to show that the execution of the warrant may be proved in County Court Divisions other than the one in which it was issued, in accordance with Article 92 of the 2008 Order.

  • Rule 2(2) inserts a new form of warrant to be used where a court passes an indeterminate or extended custodial sentence on a child under Article 13 or 14 of the 2008 Order.