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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - LONG TITLE An Act to amend and consolidate the law relating to the offices of justice of the peace, resident magistrate and clerk of petty sessions, the jurisdiction of, and the practice and procedure before, magistrates' courts, and to matters connected therewith.{1} [7th July 1964] WHEREAS pursuant to section 12(2)(b) of the Northern Ireland Act 1962 the consent of the Lord Chief Justice has been obtained to the provisions of Part XIII of this Act which impose duties on the registrar of the Supreme Court: Definition of "court of summary jurisdiction" and "magistrates' court", etc. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 1 1.(1) Subject to section 2, references to a "court of summary jurisdiction" in this Act shall be construed as referring to a resident magistrate sitting in petty sessions. (2) In this Act "magistrates' court" includes a court of summary jurisdiction and a resident magistrate or justice of the peace sitting out of petty sessions. (3) In this Act "resident magistrate" means a resident magistrate or, except in sections 9(1), 10(1) and 11, a deputy resident magistrate appointed under Part II or a temporary resident magistrate appointed under any enactment repealed by this Act; and "petty sessions" means petty sessions held pursuant to section 21. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 2 Savings for constitution and powers of juvenile courts. 2.(1) Nothing in this Act shall affect the constitution of juvenile courts constituted in accordance with the provisions of Schedule 2 to the Children and Young Persons Act (Northern Ireland) [1968] or the operation of [section 63] of that Act deeming such courts to be courts of summary jurisdiction. Subs.(2) rep. by 1973 c.53 s.31 sch.5; 1975 c.62 s.23(2) sch.3 Justices of the peace. [ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 3 3. Justices of the peace shall be appointed in accordance with section 103 of the Judicature (Northern Ireland) Act 1978.] S.4 rep. by SRO (NI) 1973/341; SLR 1973; 1978 c.23 s.122(2) sch.7 Pt.II. S.5 rep. by 1978 c.23 s.122(2) sch.7 Pt.II MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 6 Persons disqualified for acting as justices. 6.(1) A person shall not be capable of acting as a justice of the peace whilst he holds office as under-sheriff, [member of the Northern Ireland Court Service, notary public or commissioner for oaths]. (2) If any justice of the peace is adjudged bankrupt, or makes any arrangement or composition with his creditors under the Irish Bankrupt and Insolvent Act 1857 or the Bankruptcy (Ireland) Amendment Act 1872, he shall be and remain incapable of acting as a justice of the peace until he has been again appointed a justice of the peace. (3) A person who is adjudged bankrupt shall not be capable of being appointed a justice of the peace unless and until either the adjudication of bankruptcy against him is annulled or he obtains from the High Court, [together with a certificate of conformity, a further certificate that his bankruptcy was caused by misfortune without any misconduct on his part, which further] [either at the time of or subsequent to his discharge from bankruptcy a certificate that in the opinion of the Court his bankruptcy was caused by misfortune without any misconduct on his part, which] certificate may be issued or refused by the court in its discretion subject to a right of the bankrupt to appeal against the refusal thereof. (4) A person shall not be deemed incapable, on grounds of interest or bias, of acting as a justice of the peace in relation to any matter concerning a local authority by reason only that (a)he is a member of that authority; (b)he is one of several persons liable to be assessed to, or to pay, rates [made] by that authority; or (c)he is one of any other class of persons liable in common with the others to contribute to, or be benefited by, any rate or fund maintained by that authority or out of which the expenses of that authority are required or authorised to be defrayed. (5) Except as provided by subsection (4), nothing in this section shall affect the operation of any rule of law disqualifying a person for acting as justice of the peace in any matter on the ground of interest or bias. (6) This section shall not prejudice or affect the operation of (a)any enactment imposing a disqualification in consequence of any corrupt or illegal practice at an election; or (b)any enactment (not being an enactment repealed by this Act) which provides that a justice of the peace shall not act in a capacity specified in that enactment. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 7 Oath of justices. 7. [A person appointed as a justice of the peace shall, except where he has already done so in connection with a former appointment,] take the oath of allegiance and the judicial oath as required by the Promissory Oaths Act 1868 .... S.8 rep. by 1978 c.23 s.122(2) sch.7 Pt.II Appointment and assignment of resident magistrates. [ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 9 9.(1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint fit and proper persons to be resident magistrates, being persons who at the dates of their appointments have practised for not less than seven years either as a member of the Bar of Northern Ireland or as a solicitor of the Supreme Court. (2) Without prejudice to section 7, a resident magistrate on his appointment shall forthwith take the oath of allegiance and the judicial oath as required by the Promissory Oaths Act 1868. (3) A resident magistrate shall sit in accordance with directions given by the Lord Chancellor. (4) A resident magistrate may, in accordance with such directions, sit in any petty sessions district. (5) Subject to subsections (3) and (4), the Lord Chancellor may assign a resident magistrate to one or more petty sessions districts and may from time to time vary any such assignment.] MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 10 Appointment of deputy resident magistrates. 10.(1) The [Lord Chancellor] may, ..., appoint fit and proper persons, [being persons who are eligible for appointment as, or have previously been, resident magistrates], to act as deputy resident magistrates during such period or periods as the [Lord Chancellor] may direct and subject to such conditions as the [Lord Chancellor] may impose. (2) Any deputy resident magistrate may exercise and perform all the functions of a resident magistrate.[ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 11 Removal of resident magistrates from office. 11.(1) Subject to subsection (2) and to section 1 of the Resident Magistrates' Pensions Act (Northern Ireland) 1960, every resident magistrate shall hold his office during good behaviour, but may be removed from his office by the Lord Chancellor on the ground of incapacity or misbehaviour. (2) Subsection (1) shall not apply to a resident magistrate holding office immediately before 1st January 1974 but, subject to section 1 of the Resident Magistrates' Pensions Act (Northern Ireland) 1960, every such resident magistrate shall hold office during good behaviour subject to a power of removal by Her Majesty on an address presented to Her Majesty by both Houses of the Parliament of the United Kingdom.] Remuneration of resident magistrates. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 12 12.(1) [ The Lord Chancellor may, with the consent of the Minister for the Civil Service, determine the salaries] and allowances to be paid to resident magistrates and the conditions applicable thereto. (2) Nothing in this section shall affect Para.(a) spent (b)the provisions of the Resident Magistrates' Pensions Act (Northern Ireland) 1960 or section 6(5) of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 in relation to resident magistrates to whom those provisions apply. Functions of resident magistrates and justices of the peace other than resident magistrates. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 13 13.(1) A resident magistrate sitting alone may, as well as exercising any function which is conferred by any enactment upon a resident magistrate or upon a justice of the peace, exercise any function which under any enactment may be exercised by two or more justices of the peace or which under any enactment (other than an enactment referred to in section 2(2)) may be exercised by two or more resident magistrates. (2) A justice of the peace other than a resident magistrate may not sit in petty sessions and ... may exercise only such functions as are conferred upon a justice of the peace by the commission of the peace or under any enactment (including this Act) commencing on or after 1st January 1936 or under any enactment commencing before that day included in Part I of Schedule 2. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 14 Local jurisdiction of justices of the peace. 14.(1) A justice of the peace for any county [court division] may act as such in relation to all matters arising within that county [court division] and may so act notwithstanding that at the time of acting he is in some other area of Northern Ireland. Subs.(2) rep. by 1978 c.23 s.122(2) sch.7 Pt.II General immunity of resident magistrates or justices of the peace. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 15 15. No action shall succeed against any person by reason of any matter arising in the execution or purported execution of his office of resident magistrate or justice of the peace, unless the court before which the action is brought is satisfied that he acted without jurisdiction or in excess of jurisdiction. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 16 No action till conviction or order quashed, etc. 16.(1) Where the conviction or order of a magistrates' court may be quashed either on appeal or upon application to the High Court, no action by reason thereof or by reason of any warrant issued in the proceedings which resulted in the conviction or order or issued to enforce it, shall be commenced against the resident magistrate or justice of the peace who made it until it has been so quashed. (2) No action shall be brought as the result of the issue of a warrant which is issued in default of appearance in answer to a summons and after the service of such summons has been proved. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 17 Where warrant on conviction is issued by clerk or another justice. 17. Where a conviction or order is made by a resident magistrate or other justice of the peace and a warrant to enforce it is signed by another resident magistrate or justice of the peace or by a clerk of petty sessions, no action shall be brought against the magistrate, justice or clerk who signed the warrant by reason of any lack of jurisdiction in the magistrates' court which made the conviction or order. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 18 Acts performed pursuant to decision of High Court or on appeal. 18.(1) Where a resident magistrate or justice of the peace refuses to do any act relating to the duties of his office, it shall be lawful for the party requiring the act to be done to [make an application for judicial review to the High Court seeking] an order directing him to do that act and if the Court makes the order, no action shall lie against such magistrate or justice in respect of anything done under such order. (2) Where a warrant or other document signed by a resident magistrate or justice of the peace or clerk of petty sessions is issued upon any conviction or order which is confirmed upon appeal no action shall be brought against such magistrate, justice or clerk in respect of anything done pursuant to the warrant or document. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 19 Where action is prohibited proceedings may be set aside. 19. Where any action which is prohibited by this Part is commenced, the judge may, upon an application by the defendant supported by an affidavit of facts, order that the proceedings in such action be set aside with or without costs. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 20 Defrayal by Lord Chancellor of expenses in connection with proceedings. 20.(1) The [Lord Chancellor], with the approval of the [Treasury], may defray the whole or part of any expenses incurred by a resident magistrate or other justice of the peace or by a clerk of petty sessions in or in connection with any proceedings or claim brought as a result of the execution, or purported execution, of his office if and in so far as it appears to the [Lord Chancellor] to be reasonable, having regard to the circumstances, that such expenses, or part thereof should not be borne by him personally. (2) In this section "expenses" includes damages or costs and any sums payable in connection with a settlement of proceedings or of a claim. Petty sessions and petty sessions districts. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 21 21.(1) Sessions for the holding of courts of summary jurisdiction and districts for which such sessions are held shall continue to be known as petty sessions and petty sessions districts respectively and are so referred to in this Act. [(2) The Lord Chancellor may by order specify the petty sessions districts into which Northern Ireland shall be divided. (3) The Lord Chancellor may give directions as to (a)the places at which petty sessions are to be held; (b)the days on which petty sessions are to be held regularly for a petty sessions district; (c)the ordinary hours of sitting of courts of summary jurisdiction; (d)the nature of the business to be transacted by any court of summary jurisdiction; (e)notwithstanding anything in section 144, the place of hearing of appeals to the county court from any petty sessions; (f)such other incidental, consequential, transitional or supplementary matters as appear to the Lord Chancellor to be necessary or proper.] MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 22 Holding of petty sessions in courthouse. 22. Where a courthouse is provided or maintained ... under the Administration of Justice Act (Northern Ireland) 1954 at any place fixed for the holding of petty sessions, the petty sessions shall be held therein unless either (a)the [Lord Chancellor] otherwise directs; or (b)the resident magistrate presiding or who is to preside otherwise adjourns the sitting thereof pursuant to the powers conferred on him by section 13 of that Act. Magistrates' Courts Rules. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 23 23.(1) For the purposes of or in relation to any jurisdiction exercisable by magistrates' courts, any such rules as may be made with respect to such courts by virtue of section 21(1) of the Interpretation Act (Northern Ireland) 1954 or as relate to the subject of recommendations made to the [Lord Chancellor] under section 24 of this Act may be made in accordance with the provisions of this section. (2) There shall be a Rules Committee appointed by the [Lord Chancellor] (which may be styled "The Magistrates' Courts Rules Committee") and is in this Act referred to as "the Rules Committee" which shall consist of such number of persons not exceeding nine as from time to time may be appointed and [shall include at least two resident magistrates, one practising barrister and one practising solicitor]. Subs.(3) rep. by 1978 c.23 s.122(2) sch.7 Pt.II (4) Any such rules as are referred to in subsection (1) (which may be known as "magistrates' courts rules") may be made [by the Lord Chancellor on the advice of or after consultation with the Rules Committee and after consultation with the Lord Chief Justice]. (5) The Rules Committee shall have power to regulate their own quorum and procedure and to appoint such sub-committees as they think fit. (6) The chairman of the Rules Committee shall be such member of the committee and the secretary to such committee shall be such person as the [Lord Chancellor] shall from time to time designate. (7) Where any enactment (a)in force at the commencement of this Part (other than an enactment referred to in section 25(1) ...); or (b)passed after this Act and which does not expressly provide otherwise; Subs.(8)(9) rep. by 1978 c.23 s.122(2) sch.7 Pt.II MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 24 Rules Committee may make recommendations to Lord Chancellor. 24. The Rules Committee may, notwithstanding anything in any enactment, make recommendations to the [Lord Chancellor] with respect (a)to such matters of procedure and practice (including forms, costs, ..., witnesses' and other expenses) as well as to such conditions as appear to the Rules Committee to be necessary or desirable for the purpose of any enactment (including this Act) for the time being in force relating to or affecting proceedings or other matters in magistrates' courts; (b)to the replacement of any procedure or practice in or preliminary or incidental to or consequential upon proceedings before magistrates' courts which, immediately before the commencement of this Part, was regulated or provided for under an enactment repealed by this Act; (c)to regulating or providing for any matter which, immediately before the commencement of this Part, was regulated or provided for by summary jurisdiction rules. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 25 Rules under or for the purpose of particular enactments. 25.(1) The powers ... Para.(a) rep. by 1977 NI 19 art.7 (b)under section 16(1) of the Probation Act (Northern Ireland) 1950 with respect to the making of rules under that Act regarding persons charged before magistrates' courts; (2) Magistrates' courts rules may assign to juvenile courts the hearing of any applications for orders or licences relating to children or young persons being applications cognizable by courts of summary jurisdiction, if in the opinion of the [Lord Chancellor] after consultation with the Rules Committee it is desirable in the interests of the children or young persons concerned that such applications should be heard by juvenile courts. For the purposes of this subsection, any complaint under any provision of sections 35 to 38 of the Education Act (Northern Ireland) 1947 (which relate to compulsory attendance at school), shall be deemed to be an application for an order relating to a child. Subs.(3) rep. by 1978 c.23 s.122(2) sch.7 Pt.II MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 26 1947 c.3 26.(1) Without prejudice to section 28 or section 29 of the Interpretation Act (Northern Ireland) 1954, all rules (including summary jurisdiction rules) or orders relating to or affecting proceedings in magistrates' courts or costs ... in such proceedings (to whomsoever payable) made under any enactment repealed by this Act shall, in so far as they are not inconsistent with this Act or with magistrates' courts rules, continue in force and have effect as if they were magistrates' courts rules and may be varied or revoked by magistrates' courts rules. (2) Without prejudice to any other provision of this Act, a reference in any enactment to the Summary Jurisdiction Rules Committee or to summary jurisdiction rules shall be construed as a reference to the Magistrates' Courts Rules Committee or to magistrates' courts rules respectively. Ss.2729 rep. by 1978 c.23 s.122(2) sch.7 Pt.II[ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 30 1954 c.33 30. References in this Act to clerks of petty sessions are references to the persons appointed as such by the Lord Chancellor in the exercise of his power under section 69 of the Judicature (Northern Ireland) Act 1978 and include references to persons appointed under that power as assistant or deputy clerks of petty sessions.] 1978 c.23 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 31 31.(1) Subject to the provisions of this Part, a magistrates' court for a county [court division] may conduct a preliminary investigation into an indictable offence or hear and determine a complaint charging a summary offence, if in any such case (a)the offence was committed in the county [court division]; or (b)the offence was committed elsewhere than in the county [court division] and the defendant is or is resident (or in the case of a body corporate has its registered office or principal place of business) within the county [court division]; or (c)it appears necessary or expedient with a view to the better administration of justice that the person charged with the offence should be tried or jointly tried with, or in the same place as, some other person who is charged with an offence and who is in custody or is being or is to be proceeded against within that county [court division]: or (d)the court under this or any other enactment or otherwise has jurisdiction to deal with the offence. [(1A) A magistrates' court for a county court division having jurisdiction to hear a complaint charging a person with an offence may hear and determine a complaint charging that person with a summary offence committed in any othe county court division.] (2) A resident magistrate exercising the powers conferred by sections 52 and 53 shall have jurisdiction to try summarily an indictable offence in any case in which under subsection (1) he would have jurisdiction to conduct a preliminary investigation into the offence. (3) Nothing in this Act shall deprive a court in Northern Ireland of any jurisdiction to deal with any offence, whether committed in the United Kingdom or elsewhere, as to which the court has jurisdiction at the passing of this Act. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 32 General jurisdiction to deal with charges. 32.(1) Where an offence has been committed on the boundary between two or more [county court division], or within five hundred yards of such a boundary, or in any harbour, river, arm of the sea or other water lying between two or more [county court divisions], the offence may be treated for the purposes of this Act as having been committed in either or any of those [county court divisions]. (2) An offence begun in one [county court division] and completed in another may be treated for the purposes of this Act as having been committed in either. (3) Where an offence has been committed on any person, or on or in respect of any property, in or on a vehicle or vessel engaged on any journey or voyage through two or more [county court divisions], the offence may be treated for the purposes of this Act as having been committed in either or any of those [county court divisions]. (4) Where the side or any part of a road or any water along which a vehicle or vessel passed in the course of the journey or voyage forms the boundary between two or more [county court divisions], the offence may be treated for the purposes of this Act as having been committed in either or any of those [county court divisions]. Subs.(5) rep. by 1978 c.23 s.122(2) sch.7 Pt.II MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 33 Offences committed on boundaries or on journeys: offences begun in one county court division and completed in another. 33.(1) Except as otherwise provided by this section, a complaint charging a summary offence or an indictable offence with which the court has decided to deal summarily under this Act or any other enactment shall be heard and determined by a court of summary jurisdiction. (2) A resident magistrate, if satisfied that a person charged with a summary offence or with an indictable offence which he has decided to deal with summarily in accordance with this Act or any other enactment is unable to give bail for his appearance before a court of summary jurisdiction, may hear and determine the complaint out of petty sessions. (3) Any justice of the peace sitting out of petty sessions may hear and determine a complaint against an adult charging a summary offence specified in Part II of Schedule 2 where the accused consents to be so dealt with. (4) Procedure before a resident magistrate or other justice of the peace sitting out of petty sessions shall be as before a court of summary jurisdiction and (a)a resident magistrate or other justice of the peace so sitting may in relation to any matter which he has jurisdiction to hear and determine under subsection (2) or, as the case may be, subsection (3), exercise all the powers of a court of summary jurisdiction; and (b)orders made by a resident magistrate or other justice of the peace so sitting shall have effect as orders made by a court of summary jurisdiction sitting for the petty sessions district for which the resident magistrate or justice of the peace acted.[ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 34 Summary trial of charges in and out of petty sessions. 34.(1) Where no period of limitation is provided for by any other enactment (a)a magistrates' court shall not have jurisdiction to hear and determine a complaint charging the commission of a summary offence other than an offence which is also triable upon indictment unless the complaint was made within six months from the time when the offence was committed or ceased to continue; and (b)a complaint charging the commission of an indictable offence may be made to a justice of the peace and dealt with at any time and, accordingly, a resident magistrate may at any time after an indictable offence was alleged to have been committed exercise any jurisdiction conferred on him by sections 52 and 53 or by any other enactment to try that offence summarily. (2) Subject to subsection (4), a complaint charging the commission of an offence which is both punishable upon summary conviction or triable upon indictment may be made and dealt with at any time and, accordingly, nothing in any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this section impose a time-limit on the power of a magistrates' court to hear and determine a complaint charging the commission of a summary offence or impose a limitation on the time for taking summary proceedings shall apply in relation to any offence which is both punishable upon summary conviction or triable upon indictment. (3) Without prejudice to the generality of subsection (2), that subsection includes enactments which impose a time-limit that applies only in certain circumstances (for example where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions for Northern Ireland or some other specified authority). (4) Where as regards any indictable offence there is imposed by any enactment (however framed or worded and whether falling within subsection (2) or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.] Time within which complaint charging offence must be made to give jurisdiction. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 35 35.(1) Upon a complaint being made to a justice of the peace for any county [court division] that a person has, or is suspected of having, committed a summary offence in respect of which a magistrates' court for that county [court division] has jurisdiction to hear a charge the justice may issue a summons directed to that person requiring him to appear before such court to answer to the complaint. [(1A) Where a justice of the peace for any county court division issues a summons under subsection (1) directed to a person requiring him to appear before a magistrates' court for that county court division, the justice may, upon a complaint being made to him that the person in respect of whom the summons has been issued has, or is suspected of having, committed in another county court division a summary offence, issue a summons directed to that person requiring him to appear before that court to answer to the complaint.] (2) Upon a complaint being made to a justice of the peace for any county [court division] that a person has, or is suspected of having, committed an indictable offence into which a magistrates' court for that county [court division] has jurisdiction to conduct a preliminary investigation, the justice may either issue a summons requiring him to appear before such magistrates' court or issue a warrant to arrest that person and bring him before such court. (3) Where the offence charged in the complaint is an indictable offence, a warrant under this section may be issued by a justice of the peace at any time notwithstanding that a summons has previously been issued and whether before or after the time mentioned in such summons for the appearance of the person summoned. (4) Where a resident magistrate is satisfied that a person suspected of having committed a summary offence cannot for any reason be served with a summons, he may issue a warrant for the arrest of that person notwithstanding that a summons has not been first issued. (5) A warrant may be issued in respect of an offence to which section 31(1)(b) applies, notwithstanding that the offence was committed outside Northern Ireland if an indictment for the offence may legally be preferred in Northern Ireland. (6) A warrant shall not be issued under this section unless the complaint is in writing and substantiated on oath. Issue of summons to accused or warrant for his arrest. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 36 36.(1) Where the accused appears or is represented at the hearing of a complaint charging a summary offence, the court shall state the substance of the complaint and ask whether the accused pleads guilty or not guilty. (2) The court may, after hearing the evidence and such representations, if any, as may be made to it by or on behalf of the parties, convict the accused or dismiss the complaint. (3) If the accused or his representative on his behalf informs the court that he pleads guilty, the court may convict him without hearing the evidence. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 37 Summary trial. 37.(1) Where at the time and place appointed for the hearing or adjourned hearing of a complaint charging a summary offence the accused fails to appear, a magistrates' court may adjourn the hearing or, if satisfied that there are no sufficient grounds for adjournment or further adjournment, may, subject to this section, proceed in his absence. (2) Without prejudice to the power of a court of summary jurisdiction under section 138 to estreat a recognizance to appear, where the accused has failed to appear at a hearing or adjourned hearing the court may, if the complaint [has been substantiated on oath] and the court considers it undesirable by reason of the gravity of the offence to proceed in the absence of the accused, subject to subsections (3) and (4), issue a warrant for his arrest. [(2A) Subsection (2) shall not apply to an adjournment by reason of the requirements of section 37A(2)(b) or to an adjournment on the occasion of the accused's conviction in his absence under section 37A(2) except where the accused fails to appear at the time and place appointed for the adjourned hearing.] (3) Where the accused has failed to appear in answer to a summons, the court shall not proceed in his absence or issue a warrant for his arrest unless it is proved that the summons was duly served upon him or that he is evading service. (4) Where the accused has failed to appear at an adjourned hearing the court shall not issue a warrant unless it is satisfied that [reasonable steps have been taken to bring to the attention of the accused notice] of the time and place of the adjourned hearing.[ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 37A Non-appearance of accused. 37A.(1) Subject to subsection (7), this section shall apply where a summons has been issued requiring a person to appear before a court of summary jurisdiction, other than a juvenile court, to answer to a complaint charging a summary offence, not being (a)an offence which is also triable upon indictment; or (b)an offence for which the accused is liable to be sentenced to be imprisoned for a term exceeding six months, (i)a notice containing such statement of the effect of this section as may be prescribed; and (ii)a concise statement in the prescribed form of such facts relating to the charge as will be placed before the court by or on behalf of the complainant if the accused pleads guilty without appearing before the court. (2) Subject to subsections (3) to (5), where the clerk of petty sessions receives a notification in writing purporting to be given by the accused or by a solicitor acting on his behalf that the accused desires to plead guilty without appearing before the court, the clerk shall inform the complainant of the receipt of the notification and if at the time and place appointed for the hearing or adjourned hearing of the complaint the accused does not appear and it is proved to the satisfaction of the court, on oath or by affidavit or in the prescribed manner, that the notice and statement of facts referred to in subsection (1) have been served upon the accused with the summons, then (a)subject to this section and section 37C, the court may proceed to hear and dispose of the case in the absence of the accused, whether or not the complainant is also absent, in like manner as if both parties had appeared and the accused had pleaded guilty; or (b)if the court decides not to proceed as mentioned in paragraph (a), the court shall adjourn or further adjourn the hearing for the purpose of dealing with the complaint as if that notification had not been given. (3) If at any time before the hearing the clerk of petty sessions receives an intimation in writing purporting to be given by or on behalf of the accused that he wishes to withdraw the notification given under subsection (2), the clerk shall inform the complaint of that withdrawal and the court shall deal with the complainant as if this section had not been passed. (4) Before accepting the plea of guilty and convicting the accused in his absence under subsection (2), the court shall cause the notification given under subsection (2) and statement of facts referred to in subsection (1)(ii), including any submission received with that notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence, to be read out before the court. (5) If the court proceeds under subsection (2)(a) to hear and dispose of the case in the absence of the accused, the court shall not (a)permit any statement to be made by or on behalf of the complainant with respect to any facts relating to the offence charged other than the statement of facts referred to in subsection (1)(ii) except on a resumption of the hearing after an adjournment under section 57; (b)without adjourning under that section order him to be subject to any disqualification. (6) Where the court adjourns in pursuance of this section, notice of the adjournment shall be served on the accused and that notice shall specify the reason for the adjournment. (7) The Lord Chancellor may by order provide that this section shall not apply in relation to such offences in addition to those specified in subsection (1)(a) and (b) as may be specified in the order, and an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.][ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 37B 1946 c.36 37B. Where a person is convicted of an offence by a court of summary jurisdiction, other than a juvenile court, and it is proved to the satisfaction of the court, on oath or by affidavit or in the prescribed manner, that not less than seven days previously a notice was served on the accused in the prescribed form and manner specifying any alleged previous conviction of the accused of an offence proposed to be brought to the notice of the court in the event of his conviction of the offence charged, and the accused is not present in person before the court, the court may take account of any such previous conviction so specified as if the accused had appeared and admitted it.][ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 37C Proof of previous convictions. 37C. A court of summary jurisdiction shall not in a person's absence sentence him to imprisonment or order his detention in a young offenders centre or make an order under section 19 of the Treatment of Offenders Act (Northern Ireland) 1968 that a suspended sentence or order for detention shall take effect.][ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 37D 1968 c.29 37D.(1) Where a person has been convicted in his absence by a court of summary jurisdiction of an offence punishable with imprisonment and the court (a)cannot proceed in the absence of the accused by virtue of section 37C; or (b)considers it undesirable by reason of the gravity of the offence to proceed in his absence; (2) Subsection (1) shall not apply where a court adjourns on the occasion of a person's conviction in his absence under section 37A(2) except where that person fails to appear at the time and place appointed for the adjourned proceedings.] MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 38 Issue of warrant in absence of accused. 38. Where an accused appears at the time and place appointed for the hearing or adjourned hearing of a complaint charging a summary offence the court may, if the complainant (having in the case of a warrant due notice of the accused's arrest) does not appear, dismiss the complaint, order it to be struck out, adjourn or further adjourn the hearing to a future day, or if evidence has been received on a previous occasion, proceed in the absence of the complainant. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 39 Non-appearance of complainant. 39. Where at the time and place appointed for the hearing or adjourned hearing of a complaint charging a summary offence neither the complainant nor the accused appears, the court may dismiss the complaint, order it to be struck out, adjourn or further adjourn or, if evidence has been received on a previous occasion, proceed in their absence. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 40 Non-appearance of both parties. 40.(1) Where a court of summary jurisdiction is satisfied by the evidence of a duly qualified medical practitioner that a person, who is able and willing to give material information relating to a summary offence, or relating to any person accused of such offence, is so ill as to be unable to travel or where for any reason the attendance of a person before the court cannot conveniently be procured the court may adjourn the hearing in order that a deposition of that person may be taken in writing before a resident magistrate or other justice of the peace sitting out of petty sessions. (2) Subject to subsection (3), the deposition shall be admissible in evidence either for or against the accused without further proof thereof if it purports to be signed by the resident magistrate or justice of the peace by whom it purports to be taken. (3) The deposition shall not be admissible in evidence either for or against the accused unless it is proved that reasonable notice of the intention to take the deposition had been served upon the person (whether complainant or accused) against whom it is proposed to be given in evidence and that he or his counsel or solicitor had, or would have had if he had chosen to be present, an opportunity of cross-examining the person making the deposition. (4) The provisions of this section are in addition to and not in derogation of [sections 61 and 62 of the Children and Young Persons Act (Northern Ireland) 1968]. 1968 c.34 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 41 41.(1) Where a person over the age of fourteen years is charged before a court of summary jurisdiction with a summary offence for which he is liable, or would if he were adult be liable, to be sentenced by the court to imprisonment for a term exceeding six months, he may, subject to the provisions of this section, claim to be tried by a jury, unless the offence is an offence ... [... under any provision of the Explosives Act 1875 or section 4 of the Explosives Act (Northern Ireland) 1970] [or under Article 141 of the Road Traffic (Northern Ireland) Order 1981]. (2) Where under the preceding subsection or any other enactment a person charged with a summary offence is entitled to claim to be tried by a jury, his claim shall be of no effect unless he appears in person and makes it before he pleads to the charge; and, where under any enactment the prosecution is entitled to claim that the accused shall be tried by a jury, the claim shall be of no effect unless it is made before the accused pleads to the charge. (3) A magistrates' court before which a person is charged with a summary offence for which he may claim to be tried by a jury shall, before asking him whether he pleads guilty, inform him of his right and, if the court thinks it desirable for the information of the accused, tell him to which court he would be committed for trial and explain what is meant by being tried summarily; and shall then ask him whether he wishes, instead of being tried summarily, to be tried by a jury. (4) Where the accused is charged with an offence for which he is entitled under subsection (1) of this section to be tried by a jury if he has been previously convicted of a like offence but not otherwise, the court shall explain to him that he may have a right to claim trial by a jury and, after giving him the same information as is provided by the last preceding subsection, shall ask him whether, if he has that right, he wishes, instead of being tried summarily, to be tried by a jury. (5) If (a)under this section or under any other enactment a person charged with a summary offence is entitled to claim to be tried by a jury and claims to be so tried; or (b)the prosecution exercises any right conferred by any enactment to claim that the accused shall be tried by a jury; 1981 NI 1 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 42 42.(1) Subject to [section 64 of the Children and Young Persons Act (Northern Ireland) 1968], the preliminary investigation of an indictable offence may be conducted by a magistrates' court. [(2) The place in which a magistrates' court is sitting to conduct a preliminary investigation shall be deemed to be an open court except where (a)any statutory provision (within the meaning of section 1 (f) of the Interpretation Act (Northern Ireland) 1954) contains an express provision to the contrary; or (b)it appears to the court that the ends of justice would not be served by sitting in open court for the whole or any part of the investigation.] (3) [Subject to subsection (3A)] the written depositions of witnesses and other evidence at a preliminary investigation shall be given or taken in the presence of the accused; and the accused shall be at liberty to cross-examine any witness for the prosecution. [(3A) The court may allow evidence to be given before it in the absence of the accused if the court considers that by reason of his disorderly conduct before the court it is not practicable for the evidence to be given in the presence of the accused.] (4) After the evidence of witnesses for the prosecution has been taken, the accused may make a statement, give evidence on his own behalf and call witnesses; and the prosecution shall be at liberty to cross-examine any witness for the accused and any accused giving evidence on his own behalf. [(5) Any such statement shall be taken down in writing and may be given in evidence at the trial of the accused without further proof thereof.] MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 43 1954 c.33 43.(1) A magistrates' court which adjourns a preliminary investigation of an indictable offence and remands the accused in custody may, if satisfied that it is desirable in the interests of justice or security to do so and that the accused would not thereby suffer hardship, order that the adjourned investigation shall be held at a time and place specified in the order being a place within the same petty sessions district as the prison to which the person charged [or any person with whom he is charged in the same proceedings] is remanded. (2) A magistrates' court before whom any adjourned investigation is held, if satisfied as aforesaid, may, without prejudice to any other power exercisable by it, order that such investigation shall be adjourned to (a)a place within the same petty sessions district as that in which the investigation was begun; or (b)a place within the same petty sessions district as the prison to which the person charged [or any person with whom he is charged in the same proceedings] is further remanded. (3) Where an order is made under this section the adjourned investigation shall be held at the time and place specified in the order and may be so held before the magistrates' court by whom the investigation is adjourned or before a court acting for the petty sessions district in which the place to which the investigation is adjourned is situated and where the adjourned investigation takes place before such last-mentioned court, the complaint and any depositions and recognizances already taken in the matter shall be deemed for all purposes to have been made or taken by or before such last-mentioned court. [(3A) Without prejudice to subsections (1), (2) and (3), a magistrates' court may, if satisfied as mentioned in subsection (1), adjourn any preliminary investigation or preliminary enquiry of an indictable offence or any adjourned investigation or enquiry to another magistrates' court having jurisdiction to conduct a preliminary investigation or, as the case may be, a preliminary enquiry into such an offence and in the case of an adjourned investigation or enquiry, the complaint and any depositions and recognizances already taken in, or notices and documents furnished in respect of, the matter shall be deemed for all purposes to have been made or taken by or before, or furnished to the clerk of, the last-mentioned court.] (4) Where an investigation has been adjourned under this section, the place to which the investigation has been adjourned shall, without prejudice to section 7 of the Criminal Justice Act (Northern Ireland) 1945, be deemed, for all purposes incidental upon the prosecution, trial and punishment of the offender, to be the place in which the offence was committed. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 44 1945 c.15 44.(1) A magistrates' court conducting a preliminary investigation shall bind each witness whose deposition it has taken, other than the accused and any witness merely as to his character, by a recognizance to attend and to give evidence at the trial of any indictment against the accused and, except where the complainant is a public or local authority or an officer of a public or local authority acting as such or is a constable acting as such, it shall bind the complainant by a recognizance to prosecute the accused at the trial. (2) Where it appears to the court, after taking into account any representation made by or on behalf of the accused or the prosecution, that the attendance at the trial of any witness examined before the court is unnecessary by reason of any statement by the accused, or of the accused having admitted before the court the truth of the charge or of the evidence of the witness being merely of a formal nature, the court shall (a)if the witness has not already been bound over, bind him over conditionally to attend the trial, that is to say, on notice being given to him and not otherwise; (b)if the witness has already been bound over, direct that he shall be treated as having been bound over to attend the trial conditionally as aforesaid. (3) Where in pursuance of subsection (2) a witness has been, or is treated as having been, bound over conditionally to attend the trial of a person committed for trial, then, at any time before the opening of the [Crown Court] at which the person is to be tried, if the prosecutor or the person committed for trial gives notice to the [chief clerk] that he wishes the witness to attend at the trial, the [chief clerk] shall forthwith give notice in writing to the witness that he is required so to attend in pursuance of his recognizance. (4) A magistrates' court on committing any person for trial shall inform him of his right to require the attendance at the trial of any witness bound over, or treated as bound over, conditionally as aforesaid and of the steps he must take for the purpose of enforcing such attendance. (5) If any witness on being required to enter into a recognizance under this section refuses to do so, the court may commit him to prison until the trial of the accused or until he sooner enters into the recognizance, so however, that if the court does not commit the accused for trial or if for any reason it appears to the court that the attendance of the witness will not be necessary it may release the witness. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 45 Binding over complainant and witnesses to attend trial. 45.(1) Subject to this Act and any other enactment relating to the summary trial of indictable offences, where the court conducting the preliminary investigation is of opinion after taking into account any statement of the accused and any evidence given by him or on his behalf that the evidence is sufficient to put the accused upon trial by jury for any indictable offence it shall commit him for trial; and, if it is not of that opinion, it shall, if he is in custody for no cause other than the offence which is the subject of the investigation, discharge him. (2) The court may commit the accused for trial (a)in custody, that is to say, by committing him to prison there to be kept until delivered in due course of law; or (b)subject to section 46, on bail, that is to say, by taking from him a recognizance conditioned for his appearance at the time and place of trial; (3) Subject to section 46, a magistrates' court upon an application by or on behalf of a person committed for trial, may release that person from prison, if he is in custody for no other cause, at any time before the first sitting of the court before which he is to be tried upon his entering into a recognizance pursuant to subsection (2)(b). (4) Without prejudice to section 24, magistrates' courts rules may provide for the transmission to the court of trial of documents and exhibits connected with a preliminary investigation. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 46 Discharge or committal for trial. 46. A person charged with treason or with any [offence] under the Treason Felony Act 1848 shall not be admitted to bail except by order of the [Secretary of State] ... or by the High Court. S.47 rep. by 1978 c.23 s.122(2) sch.7 Pt.II MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 48 1848 c.12 48.(1) Where an indictment has been ... presented at any ... court against a person who is then at large and who has not appeared and pleaded to such indictment, whether or not he has been bound by recognizance to appear, the clerk of ... the court ... may, subject to subsection (2), at any time after the ... sitting of the ... court at which the indictment was ... presented upon the application of the prosecutor grant him a certificate of such indictment having been ... presented. (2) A certificate shall not be granted under subsection (1) in respect of any indictment [in respect of which the Judge has, pursuant to section 2(3) of the Grand Jury (Abolition) Act (Northern Ireland) 1969, directed the entry of "No Bill"]. (3) Upon production of the certificate to any justice of the peace, the justice may issue a warrant to arrest such person and for his appearance before a magistrates' court. (4) Upon the arrest of a person for whom a warrant is issued under subsection (3) and upon its being proved on oath that the person so arrested is the person who is charged and named in the indictment, the magistrates' court before whom such person has been brought shall, without further enquiry, commit him for trial remanding him to prison meanwhile or admitting him to bail in accordance with the provisions of section 45. (5) Nothing in this section shall be deemed to prevent any judge, ... or ... officer from issuing any warrant (which he might otherwise by law issue) in any such case for the arrest of any such person. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 49 1969 c.15 49. Where a resident magistrate or other justice of the peace is satisfied by the evidence of a duly qualified medical practitioner that a person (hereinafter referred to as the "dying person") who is able and willing to give material information relating to any indictable offence or to any person accused of any such offence, is dangerously ill and not likely to recover from such illness, and it is not practicable to take the dying person's deposition in accordance with the preceding provisions of this Part he may take in writing the deposition of such person on oath, wherever such person may be, and shall sign the deposition. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 50 Power to take deposition of dying person. 50.(1) The deposition of a witness whose attendance is stated to be unnecessary under section 44(2) or the deposition taken at the preliminary investigation of a witness who is proved at the trial to be dead or insane, or so ill as to be unable to travel or to be kept out of the way by the procurement of the accused or on his behalf, may, subject to this section, be read at the court of trial provided (a)it is proved, either by the oath of a credible witness or by a certificate purporting to be signed by the resident magistrate or other justice of the peace before whom the deposition purports to have been taken or by the clerk of petty sessions, that the deposition was taken in the presence of the accused and that the accused or his counsel or solicitor (or in the case of a witness called by the accused, the prosecutor or his counsel or solicitor) had an opportunity of cross-examining the witness; (b)the deposition purports to be signed by the resident magistrate or other justice of the peace before whom it purports to be taken; and (c)in the case of a witness conditionally bound over to attend the trial under section 44 no notice has been served upon him requiring his attendance. (2) Subsection (1) shall not have effect if it is proved that the deposition, or, where the proof required by paragraph (a) of that subsection is given by means of a certificate, that the certificate, was not in fact signed by the magistrate or clerk of petty sessions by whom it purports to have been signed. (3) Where notice is given requesting the attendance of a witness conditionally bound over under section 44 at the court of trial and such notice is given so late as to make such attendance impracticable the judge of that court may, unless he is satisfied that such attendance is essential in the interests of justice, disallow the notice and authorise the reading of the deposition of that witness at the trial of an accused. Subs.(4) rep. by 1969 c.15 (NI) s.4(2) sch. (5) The deposition of a dying person taken and purporting to be signed in accordance with section 49 may be read ... at the court of trial if it is proved that (a)the dying person has since died or is unable to travel or give evidence; and (b)reasonable notice of the intention to take the deposition was served upon the person (whether prosecutor or accused) against whom it is proposed to be given in evidence and that he or his counsel or solicitor had or might have had, if he had chosen to be present, an opportunity of cross-examining the dying person making the deposition. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 51 Reading at court of trial deposition taken at preliminary investigation or of a dying person. 51.(1) Where at a preliminary investigation an opening statement is made on behalf of the prosecution, such statement shall not be printed or published. (2) Where at a preliminary investigation objection is taken as to the admissibility of any evidence the court may, if satisfied that the objection is made in good faith, order that such evidence and any discussion relating thereto shall not be printed or published and, if it appears to the court that publication of any part of the evidence adduced before it (whether or not any objection is made thereto) would prejudice the trial of the accused, it may order that such part of the evidence shall not be printed or published. (3) Any person who acts in contravention of subsection (1) or of any order made under subsection (2) shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred pounds, or to both such imprisonment and such fine. (4) A prosecution for an offence under this section shall not be instituted otherwise than by or with the consent of the Attorney-General. Reports of preliminary proceedings. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 52 52.(1) Where an adult is charged before a resident magistrate (whether sitting as a court of summary jurisdiction or out of petty sessions under section 33(2)) with an indictable offence specified in Schedule 3, if at any time the magistrate thinks it expedient to do so having regard to (a)any statement or representation made in the presence of the accused by or on behalf of the prosecutor or the accused; (b)the nature of the offence; (c)the absence of circumstances which would render the offence one of a serious character; and (d)all the other circumstances of the case (including the adequacy of the punishment which the court has power to impose); [(2) A resident magistrate shall not deal summarily under this section with any offence without the consent of the prosecutor.] (3) For the purposes of this section and section 53 "adult" means a person who is, in the opinion of the court, of the age of seventeen years or upwards. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 53 Summary trial of certain indictable offences. 53.(1) A resident magistrate may assume the power to deal with an offence summarily under section 52 at any stage of the proceedings whether any evidence shall then have been given or not and, where such power is assumed, the provisions of any enactment (including this Act) for the time being in force relating to summary offences shall (subject to the succeeding provisions of this section and to magistrates' courts rules) apply as if the offence were a summary offence and not an indictable offence. (2) Notwithstanding that a magistrate has decided to deal summarily with an offence specified in Schedule 3 and that the accused has consented to be dealt with summarily the magistrate shall nevertheless have power to reconsider his decision at any time prior to his determination to convict and sentence the accused, and, if satisfied that it is expedient to do so, he may decide, instead of dealing with the offence summarily, to commit the accused for trial and in such event depositions shall be taken and the offence dealt with in all respects as if the magistrate had not decided to deal with it summarily. (3) Where a resident magistrate deals summarily with an offence specified in Schedule 3 and the offence is such that, had the accused been charged on indictment with that offence, he might lawfully have been convicted of an alternative offence, the magistrate may convict him of such alternative offence. (4) Upon convicting the accused the magistrate may sentence him to be imprisoned for a term not exceeding twelve months or to a fine not exceeding [#1,000] or to both such imprisonment and fine, so, however, that the accused shall not be sentenced to imprisonment for any greater term or to a fine of any greater amount than the term or fine to which he would be liable if tried on indictment. (5) If the magistrate dismisses a charge with which he has dealt summarily under the provisions of section 52 and of this section, the dismissal shall in all cases have effect as though it were an acquittal on a trial of the charge upon indictment. (6) Any enactments in force at the commencement of this Part which relate to the summary trial of indictable offences or which refer to indictable offences which are triable summarily shall be construed as the case may be as referring to the summary trial of indictable offences under section 52 and this section or as referring to indictable offences which are triable thereunder. Powers of court in dealing summarily with an indictable offence. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 54 54.(1) Without prejudice to any other provision of this Act, in adjourning any proceedings for an offence a magistrates' court may remand the accused (a)in custody, that is to say, commit him to custody to be brought at the end of the period of remand before that court or any other magistrates' court for the county [court division] for which the court is acting [or before any other magistrates' court having jurisdiction to conduct the proceedings]; or (b)on bail, that is to say, take from him a recognizance conditioned for his subsequent appearance before such court; [(2) Subject to subsection (3) and section 56, the period for which the accused is remanded in custody shall not exceed (a)in the case where the accused is already detained under a custodial sentence, twenty-eight days; (b)in any other case, eight days; (3) The period for which the accused may be remanded in custody [under subsection (2)(b)] may, where he and the prosecutor have agreed, be extended to a period not exceeding fourteen days commencing on the day following that on which the accused is remanded. (4) Where the accused is admitted to bail and he and prosecutor consent, the period for which the accused is remanded may exceed the period referred to in subsection (2) or, as the case may be, subsection (3). (5) The court may order the accused to be brought before it at any time before the expiration of the period for which he has been remanded. [(6) In this section, "custodial sentence" includes (a)an order for detention in a young offenders centre within the meaning of the Treatment of Offenders Act (Northern Ireland) 1968; (b)a training school order within the meaning of the Children and Young Persons Act (Northern Ireland) 1968; and (c)an order of committal to custody in a remand home within the meaning of the Children and Young Persons Act (Northern Ireland) 1968 where the committal is for more than one month by virtue of section 10(2) of the Northern Ireland (Emergency Provisions) Act 1978.] MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 55 1968 c.34 55. Where a person is remanded on bail the recognizance may be conditioned for his appearance at every time and place to which during the course of proceedings the hearing may from time to time be adjourned, without prejudice, however, to the power of the court to vary the order at any subsequent hearing. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 56 1978 c.5 56. A magistrates' court, on being satisfied that a person accused of an offence who has been remanded on bail or in custody is by reason of illness or accident unable at the expiration of the period for which he is remanded to appear personally before the court, may in the absence of the accused, order him to be further remanded for such time as may be deemed reasonable and any recognizance requiring or conditioned for the appearance of the accused before the court shall be deemed to be varied so as to require the appearance of the accused at every time and place to which he is so remanded. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 57 Continuous bail. 57. The powers of a magistrates' court to adjourn the hearing of a case shall include power, after a person has been convicted and before he has been sentenced or otherwise dealt with, to adjourn the case for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with his case, but such adjournment shall not in any single period exceed [twenty-eight] days commencing on the day after the adjournment or extend beyond the next sitting of the court, whichever is the longer, or if the person convicted is in custody, the period specified in subsection (2) or, as the case may be, subsection (3) of section 54. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 58 Remand in case of illness or accident. 58.(1) Without prejudice to the powers of the court under section 57, where a person is charged before a magistrates' court with an offence punishable on summary conviction with imprisonment or an indictable offence which is tried summarily, and the court is satisfied that the person charged did the act or made the omission charged but is of opinion that an inquiry ought to be made into his physical or mental condition, the court may remand him for such period as the court thinks necessary to enable a medical examination and report to be made so, however, that no single period shall, where the person remanded is on bail, exceed [twenty-eight] days commencing on the day after that on which the person is remanded or extend beyond the next sitting of the court whichever is the longer or, where the person remanded is in custody, exceed the period specified in subsection (2) or, as the case may be, subsection (3) of section 54. (2) Where a person is remanded on bail under this section, it shall be a condition of the recognizance that he shall (a)undergo medical examination by a duly qualified medical practitioner and for the purpose attend at a hospital or place, or on any such practitioner, specified in the recognizance; or (b)where the inquiry is into his mental condition (and the recognizance so specifies) undergo medical examination by two duly qualified practitioners (one of whom shall be a practitioner appointed for the purposes of section 19 of the Mental Health Act (Northern Ireland) 1961) and for the purpose attend at a hospital or place, or upon any duly qualified medical practitioner, specified in the recognizance, and comply with any directions which may be given to him by any practitioner so specified; [(2A) Where a person charged before a magistrates' court with an indictable offence is remanded in custody or committed for trial in custody and the court is of opinion that an inquiry ought to be made into his physical or mental condition the court may order such inquiry to be made.] (3) Where a person charged before a magistrates' court with an indictable offence is admitted to bail on his entering a recognizance conditioned for his appearance at [the Crown Court] and the magistrates' court is of opinion that an inquiry ought to be made as aforesaid, the conditions of the recognizance may, in addition to the condition for his appearance, include the like conditions as could be included in the conditions of the recognizance with respect to the like inquiry by virtue of subsection (2). MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 59 Remand for inquiry into physical or mental condition. 59.(1) Where a person has been convicted of an offence by a court of summary jurisdiction and the case has been adjourned or where a person has been remanded under section 58 he may be sentenced or otherwise dealt with for that offence by any court of summary jurisdiction acting for the same petty sessions district or any other petty sessions district of the same [county court division] as the court by which he was convicted or remanded as aforesaid. Subs.(2) rep. by 1975 c.62 s.23(2) sch.3; 1980 NI 6 art.13 sch.2 1961 c.15 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 60 60. A magistrates' court, in fixing the amount of a sum adjudged to be paid by a conviction shall, amongst other things, take into consideration the means of the offender so far as they appear or are known to the court, [the expedience of allowing such amount to be paid by instalments and the amount and frequency of any such instalments.] MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 61 Power of court to sentence person convicted by another court in same county court division. 61.(1) Without prejudice to any other enactment, where a magistrates' court has power to impose imprisonment for a summary offence and, apart from this section, has not authority to impose a fine for that offence, the court, if it thinks fit, may, subject to subsection (2), instead of imposing a sentence of imprisonment impose a fine not exceeding [#200]. (2) An offender shall not in default of payment of such fine be liable to imprisonment under section 102 for any greater term than that to which he is liable under the enactment authorising the imprisonment. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 62 Fixing sum adjudged to be paid by a conviction with regard to means of offender. 62.(1) A magistrates' court shall have power to reduce the amount of any fine or other pecuniary penalty which it has power to impose for an offence under any enactment to which this section applies, notwithstanding that the amount of the fine or other pecuniary penalty is prescribed under any such enactment. (2) This section applies to any enactment in force upon 1st January 1946, other than an enactment relating to Her Majesty's revenue under the control of the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, except in so far as that enactment has been adapted and applied in relation to duties and taxes in respect of the imposing, charging, levying and collection of which the Parliament of Northern Ireland has, under section 21 of the Government of Ireland Act 1920, power to make laws. (3) Nothing in this section shall prejudice or affect the operation of section 34(2) of the Finance Act 1935 or [section 150(2) of the Customs and Excise Management Act 1979], (which relate to the enactments excluded by subsection (2)). S.63 rep. by 1980 NI 6 art.13 sch.2 1935 c.24 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 64 64.(1) Where a magistrates' court imposes imprisonment on any person, it may order that the term of that imprisonment shall commence on the expiration of any other term of imprisonment imposed by that or any other court; but where a magistrates' court imposes two or more terms of imprisonment to run consecutively the aggregate of those terms shall not, except as provided by this section or any other enactment, exceed [twelve months]. (2) Where two or more terms of imprisonment in respect of indictable offences tried summarily are imposed to run consecutively the aggregate of those terms shall not exceed eighteen months. (3) Without prejudice to [section 149(3) of the Customs and Excise Management Act 1979] or [section 63 of the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972] where a person has been sentenced by a magistrates' court to imprisonment in default of payment of, or in default of sufficient distress to satisfy, a sum adjudged to be paid by a conviction the court may order that the sentence shall begin at the expiration of any term of imprisonment imposed for that offence on that person in addition to such sum, but so that the aggregate term of sentences of imprisonment to which this subsection applies shall not where a person is convicted of a summary offence exceed twelve months or where a person is convicted of an indictable offence tried summarily exceed eighteen months. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 65 1979 c.2 65.(1) Without prejudice to any other enactment, where a magistrates' court has power to impose imprisonment, the court in lieu of imposing imprisonment may, subject to subsection (2), order the offender to be detained within the precincts of the court, or at any constabulary station, till such hour, not later than eight in the evening on the day on which he is convicted, as the court may direct. (2) The court shall, in making an order under this section, take into consideration the distance between the place of detention and the offender's abode (if his abode is known to, or ascertainable by, the court) and shall not make any such order of detention under this section as will deprive the offender of a reasonable opportunity of returning to his abode on the day on which the order of detention is made. 1972 c.11 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 66 66. Subject to any other enactment governing forfeiture or the disposal of things forfeited, anything other than money forfeited on a conviction by a magistrates' court or the forfeiture of which may be enforced by such court shall be sold or otherwise disposed of in such manner as the court may direct; and the proceeds may be applied as if they were a fine imposed under the enactment on which the proceedings for the forfeiture are founded. S.67 rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.II[ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 68 Power to order detention for one day in precincts of the court in lieu of imprisonment. 68. Without prejudice to any other enactment, a person who aids, abets, counsels or procures the commission by another person of a summary offence shall himself be guilty of that offence and may be tried and convicted (whether or not he is charged as a principal) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him and may be tried either together with that other person or before or after that other person has been tried.] MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 69 Disposal of non pecuniary forfeitures. 69.(1) Without prejudice to the provisions of any other enactment, any person who attempts to commit, or incites, ..., another person to commit, any summary offence shall be guilty of an offence punishable on summary conviction and shall be liable to be proceeded against, convicted and punished as if he had committed the summary offence. (2) Where a person is charged before a magistrates' court with a summary offence, and it appears to the court that the person charged did not commit the offence charged but that he was guilty of attempting to commit that offence, the court may convict him of attempting to commit that offence and may punish him in the same manner as if he had been charged with attempting to commit that offence. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 70 Aiders and abettors. 70.(1) [Where (a)any person who has been taken into lawful custody is charged with an offence; or (b)any person not under the age of fourteen appears before a magistrates' court to answer to a complaint charging an offence punishable with imprisonment; (2) Fingerprints taken in pursuance of an order made under this section shall be taken either in the presence of a resident magistrate or other justice of the peace by whom the order was made or, if the person to whom the order relates is remanded in custody and does not consent to his fingerprints being taken, in the presence of a member of the Royal Ulster Constabulary not below the rank of head constable. (3) The provisions of this section shall be in addition to the provisions of any other enactment under which the fingerprints of any person may be taken. (4) Where the fingerprints of any person have been taken in pursuance of an order made under this section, then if that person is acquitted or discharged under section 45, or if the charge against him is dismissed, struck out or withdrawn, the fingerprints and all copies and records thereof shall be destroyed. [(5) In this section, any reference to fingerprints shall be construed as including a reference to palm-prints.] (a)the amount or balance claimed does not exceed [one hundred pounds]; and (b)if the claim is for the balance due on foot of an account, the whole account does not exceed [two hundred and fifty pounds]. (2) Where any sum is declared under any enactment whether passed before or after the commencement of this Part to be a debt or civil debt recoverable summarily, that sum whether it exceeds [one hundred pounds] or not may be recovered in proceedings under this section. (3) A minor may proceed in his own name in a court of summary jurisdiction as if he were of full age for any sum, not exceeding [one hundred pounds], due to him for wages or for work or services. (4) A cause of action shall not be divided into two or more causes of action for the purpose of bringing proceedings before a court of summary jurisdiction. (5) Proceedings under this section are in this Act referred to as "debt proceedings" and shall be commenced by the issue of a process and the person on whose behalf the process is issued is in this Act referred to as the "plaintiff". MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 72 Attempt or incitement to commit summary offences. 72.(1) Subject to this section, debt proceedings shall not be commenced after the expiration of six years from the time when the cause of action arose. (2) Nothing in subsection (1) shall affect a period of limitation prescribed by any enactment for proceedings to recover a sum which is declared by that or any other enactment to be a debt or civil debt recoverable summarily. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 73 Taking of fingerprints. 73.(1) A plaintiff whose cause of action is for a liquidated sum the amount of which is beyond the jurisdiction of a court of summary jurisdiction may abandon the excess and proceed for the balance of the claim and in such case the plaintiff shall forfeit the excess and shall not be entitled to recover it by any other proceedings whatsoever. (2) A defendant shall have the like right in respect of his set-off or counterclaim. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 74 Debt proceedings. 74.(1) Where a counterclaim is beyond the jurisdiction of a court of summary jurisdiction, the court may try the claim and may, if it thinks fit and upon such terms as to security or otherwise as it thinks fit, stay execution until the counterclaim has been disposed of. (2) Where a counterclaim or any part thereof is admitted, the court of summary jurisdiction may direct the amount admitted to be set off pro tanto without prejudice to any proceedings to recover the balance. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 75 Time within which debt proceedings may be commenced. 75.(1) Where a claim is for the payment of the balance of an account, or for part of a sum alleged to be due and the remainder thereof has been abandoned in order to bring the claim within the jurisdiction of a court of summary jurisdiction, a decree for recovery of the sum claimed or part of it or of dismissal shall, subject to the right of any party to appeal under Part XIII, be a full discharge of all demands in respect of the account for the balance of which proceedings were brought or for the whole of the claim as the case may be. (2) In this section "claim" includes a set-off or counterclaim. Abandonment of so much of claim as is in excess of jurisdiction. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 76 76.(1) This section and sections 77 to 81 shall apply to (a)any lands or premises which are let by any landlord from quarter to quarter or for any lesser period of time, at a rent not exceeding the rate of [one hundred and ten pounds] a year; (b)any lands or premises into which any person has been put by permission of the owner as servant, herdsman or caretaker; (c)any lands or premises the possession of which under the provisions of any enactment in force immediately before the commencement of this Part was recoverable summarily under or in accordance with Part IV of the Summary Jurisdiction Act (Northern Ireland) 1935 or under and in accordance with sections 84, 85 and 89 of the Landlord and Tenant Law Amendment Act, Ireland, 1860; (2) For the purposes of this section and any other enactment conferring jurisdiction in ejectment on a court of summary jurisdiction, any attempted letting to which section 1(1) of the Rent Restriction (Defective Tenancies) Act (Northern Ireland) 1944 or section 9(1) of the Rents Tribunals (Extention of Jurisdiction) Act (Northern Ireland) 1954 [applied] shall be deemed to be a valid letting. (3) Where (a)the term or interest of the tenant in any premises is ended or has been determined by a notice to quit, and the tenant, or (if the tenant does not himself occupy the premises or occupies only part thereof) the person by whom the premises or any part thereof are occupied, neglects or refuses to deliver up possession of the same; or (b)any person is put into possession of any premises by permission of the owner as servant, herdsman or caretaker and that person (or any other person claiming through or under him) refuses or omits to quit and deliver up possession of the premises on demand made by the owner thereof or his known agent or receiver; or (c)the landlord or owner of the premises is entitled to recover or take possession of the premises under or in accordance with any of the provisions referred to in subsection (1)(c); (4) If the tenant or occupier does not appear before the court of summary jurisdiction or appears, but does not show to the satisfaction of the court cause why possession should not be given, the court may order the issue of a decree directing that the landlord or owner be put into possession of the premises. (5) Proceedings under this section are in this Act referred to as "ejectment proceedings" and the person on whose behalf the process is issued is in this Act referred to as the "plaintiff". MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 77 1860 c.154 77. Ejectment proceedings before a court of summary jurisdiction shall not be brought after the expiration of six years from the time when the cause of action arose. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 78 1944 c.6 78.(1) Where the tenant or occupier of any premises overholds the premises after the tenancy or occupation has been lawfully determined and the possession has been lawfully demanded of him by the landlord or owner, such tenant or occupier shall be liable to pay the landlord or owner in respect of the period during which he has so overheld an amount equal to the rent or other sum, if any, which would have otherwise accrued due for that period if the tenancy or occupation had not been determined. (2) The provisions of section 76 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 shall not apply to ejectment proceedings before a court of summary jurisdiction. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 79 Time within which ejectment proceedings may be commenced. 79.(1) Where an appeal is made under Part XIII by the tenant or occupier against an order made in ejectment proceedings, he shall upon entering the recognizance referred to in section 149 further undertake according to the condition in the recognizance not to do, or suffer others to do, any waste, injury or dilapidation to the premises pending the appeal and to satisfy all rent, mesne profits or any sum accruing due to the landlord or owner under section 78(1) while the tenant or occupier continues in possession. (2) Where the tenant or occupier fails to observe such undertaking or any other condition of the recognizance, the court of summary jurisdiction which made the order against which the appeal was to be made, may, without prejudice to section 152, in ordering the estreat of the recognizance order that the landlord or owner may receive out of the sum due under the recognizance, an amount sufficient to cover any loss which the landlord or owner appears to the court to have sustained by the failure of the tenant or occupier to observe any condition of the recognizance. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 80 Liability of overholding tenant or occupier. 80. Nothing in the provisions of this Act relating to ejectment proceedings shall (a)prejudice or affect the right of any owner of property entrusted to the care of any servant, herdsman or caretaker peaceably to resume the possession thereof without process of law; (b)affect the operation of the Rent and Mortgage Interest (Restrictions) Acts (Northern Ireland) 1920 to 1961 or the Business Tenancies (Temporary Provisions) Acts (Northern Ireland) 1952 to 1962; (c)affect any proceeding instituted before the commencement of this Part. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 81 1860 c.154 81. References in sections 76 to 80 to the landlord or owner of premises shall include the executors or administrators or assigns of such landlord or owner and his or their agent duly authorised in writing, or the receiver of the rents of his estate and, in relation to premises subject to the enactments referred to in section 76(1) (c), shall include any person entitled under those enactments to recover possession of the premises. Recognizance upon appeal against order for possession of premises. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 82 82.(1) A process issued in debt proceedings shall require the defendant to appear before a court of summary jurisdiction acting for the petty sessions district in which the defendant resides or in which any business premises used or occupied by him are situated. (2) A process issued in ejectment proceedings shall require the defendant to appear before a court of summary jurisdiction acting for the petty sessions district in which the premises, the subject of the proceedings, or any part of those premises are situated. (3) A claim for the recovery of arrears of rent or sums due under section 78 not exceeding [one hundred pounds] due in respect of lands or premises may be joined together with a claim in ejectment proceedings and commenced by the issue of the same process. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 83 Savings for other rights in relation to ejectment proceedings. 83.(1) Subject to this section, in debt or ejectment proceedings, the court shall hear the parties, and evidence in support of the claim or defence or counterclaim, if any. (2) Where the plaintiff appears but the defendant does not appear, the court may, after proof of service of the process upon the defendant, proceed in his absence or adjourn the proceedings. (3) Where neither the plaintiff nor defendant appears, or where the plaintiff does not appear and the defendant though appearing does not apply for a dismissal of the claim, the court may strike out the proceedings. (4) Where the plaintiff informs the court that he does not wish to apply for an order and the defendant does not appear, or if appearing, does not object, the court may allow the proceedings to be withdrawn. (5) The court may, without hearing the parties or any evidence, upon such conditions as may be prescribed, make an order against a defendant upon his consent to the making of such order. (6) The court may dismiss a claim in debt or ejectment proceedings either upon the merits or without prejudice to a further claim in respect of the same matter. References to landlord or owner. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 84 84.(1) Where an order is made in debt proceedings or ejectment proceedings, the court may order that a decree shall issue to give effect to its order (including any order as to costs made in such proceedings). (2) A court of summary jurisdiction in debt or ejectment proceedings may order that a decree shall issue either absolutely or conditionally in as full and ample a manner as might be done in like cases by a county court having jurisdiction but a court of summary jurisdiction shall not grant an injunction. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 85 Issue of process. 85.(1) Where it appears at any stage of debt or ejectment proceedings that a court of summary jurisdiction has not jurisdiction therein because the matters involved are beyond the jurisdiction of the court or that for any other reason the matter is more fit to be tried by the county court, the proceedings need not on that account be dismissed but the court of summary jurisdiction may order the proceedings to be transferred to the county court upon such terms as appear to it to be proper and thereafter the proceedings shall continue in the county court as if they had been commenced in that court and as if the defendant had entered a defence. (2) Where proceedings are transferred under this section to the county court, the county court judge may give such directions as to procedure and as to costs in the court of summary jurisdiction as he may deem proper and the parties shall comply therewith. (3) In this section "the county court" means the county court for the county court division in which the prodeedings would have been tried if originally commenced in the county court. Hearing etc. of proceedings commenced by process. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 86 86.(1) Where an enactment (a)provides for an appeal to be made to a court of summary jurisdiction and neither that enactment nor magistrates' courts rules provide for the procedure to be adopted on such appeal; or (b)authorises an application for a licence, permit, certificate or other authorisation or for the removal of a disqualification or disability to be made to a magistrates' court and either that enactment or magistrates' courts rules direct that the provisions of this Part shall apply; or (c)authorises an application to a magistrates' court for the disposal, destruction or forfeiture of property; (2) A notice under this Part shall be served at such time as may be prescribed before the date upon which the appeal or application is to be made upon (a)the clerk of petty sessions acting for the court to which the appeal or application is to be made; (b)in the case of an appeal from any decision or determination of a public or local authority, that authority, and any other party to the appeal and any person by whom or on whose behalf representations were made to the authority in respect of the subject-matter of the decision or determination; (c)any such person as may be prescribed. (3) The court shall hear the appellant or applicant, and any evidence relevant to the appeal or application and any person (other than the clerk of petty sessions) served with notice under this Part or entitled to be heard thereon who opposes the appeal or application and asks to be heard thereon as well as any relevant evidence such person may adduce. (4) Without prejudice to the foregoing provisions of this section the court may direct that a copy of the notice be served upon any person whom the court may consider a proper person to be served. (5) A magistrates' court may in any case where the public interest requires an immediate order for the destruction of property dispense with the service of a notice under subsection (2) and order immediate destruction of the property in accordance with the enactment under which the order is made. Order that decree shall issue either absolutely or conditionally. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 87 87.(1) For the purposes of this Part "civil matter" means a matter in which proceedings, other than proceedings under Parts VI to VIII, may be brought before a court of summary jurisdiction. (2) Proceedings in a civil matter shall be upon complaint and in accordance with this Part. (3) Without prejudice to section 42(2) of the Interpretation Act (Northern Ireland) 1954, where there is no express provision as to which court of summary jurisdiction shall have jurisdiction to hear and determine a complaint in a civil matter a court of summary jurisdiction shall have jurisdiction to hear the complaint if it relates to anything done within the county [court division] for which the court sits or anything left undone that ought to have been done there, or to anything done or which ought to have been done either there or elsewhere by a person residing or carrying on a business within the county [court division] or relates to any land or premises situated within the county [court division] or to any matter arising within the county [court division]. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 88 Proceedings to be commenced by notice. 88.(1) Subject to this section and section 110(1) [and to Article 35 of the Domestic Proceedings (Northern Ireland) Order 1980] and without prejudice to the provisions of any other enactment as to the time within which proceedings may be commenced, a court of summary jurisdiction shall not have jurisdiction to hear and determine a complaint in a civil matter unless the complaint is made within six months from the time when the cause of complaint arose, or, where the cause of complaint is a continuing one, from the time such cause last ceased to continue. Subs.(2) rep. by 1972 NI 16 art.63(3) sch.19; subs.(3) rep. by 1980 NI 5 art.42(2)(b) sch.4 (4) Nothing in this section shall prevent a court of summary jurisdiction from exercising the powers referred to in section 96 at any time after an order for the periodical payment of money has been made .... Nature of jurisdiction upon civil complaint. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 89 89. Where a complaint in a civil matter is made to a justice of the peace for a county [court division] upon which a court of summary jurisdiction sitting for that county [court division] has power to make an order against any person, the justice may issue a summons directed to that person requiring him to appear before that court to answer to the complaint. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 90 1954 c.33 90.(1) On the hearing of a complaint in a civil matter the court shall, if the defendant appears or is represented, state the substance of the complaint. (2) The court, after hearing the evidence and any such representations as may be made by or on behalf of the parties, may make any order which it has jurisdiction to make upon the complaint or may dismiss the complaint. (3) If the defendant or his representative on his behalf admits the truth of the complaint or consents, the court may, subject to any enactment to the contrary, make the order without hearing evidence. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 91 Time within which civil complaint must be made to give jurisdiction. 91.(1) Where at the time and place appointed for the hearing or adjourned hearing of a complaint in a civil matter, the complainant appears but the defendant does not, the court may, without prejudice to its powers under this Act or any other enactment, adjourn or further adjourn or, subject to subsection (2), proceed in his absence. (2) The court shall not begin to hear the complaint or proceed in the absence of the defendant, unless either it is proved to the satisfaction of the court, upon oath or by affidavit or in such other manner as may be prescribed, that the summons was served on him within what appears to the court to be a reasonable time before the hearing or adjourned hearing or the defendant has appeared on a previous occasion to answer to the complaint. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 92 1980 NI 5 92. Where at the time and place appointed for the hearing or adjourned hearing of a complaint in a civil matter the defendant appears but the complainant does not, the court may dismiss the complaint, order it to be struck out, adjourn, further adjourn, or, if sufficient evidence has been received on a previous occasion, proceed in the absence of the complainant. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 93 Issue of summons upon civil complaint. 93. Where at the time and place appointed for the hearing or adjourned hearing of a complaint in a civil matter neither the complainant nor the defendant appears the court may dismiss the complaint, order it to be struck out or adjourn or further adjourn the hearing, or, if evidence has been received on a previous occasion, proceed in their absence. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 94 Hearing of proceedings upon civil complaint. 94.(1) Where it has been unable for any reason to adjudicate upon the merits of a complaint in a civil matter, the court may order that the complaint be dismissed without prejudice to a further complaint alleging the same cause of complaint. (2) Where the court, having adjudicated upon the merits of a complaint in a civil matter, dismisses the complaint the dismissal shall be expressed to be on the merits. Non-appearance of defendant. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 95 95.(1) Where a court of summary jurisdiction orders money to be paid periodically by one person to another, the court may, subject to any enactment to the contrary, order that payment shall be made through the collecting officer. (2) The collecting officer shall be the clerk of petty sessions or such other person as may be appointed by the [Lord Chancellor]. (3) Where an order is an affiliation order under the Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924 or [an order for the periodical payment of money under the Domestic Proceedings (Northern Ireland) Order 1980] the court shall, unless upon representations expressly made in that behalf by the applicant for the order the court is satisfied that it is undesirable to do so, exercise its powers under this section and where the court does so the collecting officer through whom payments are ordered to be made may be either the collecting officer for the petty sessions district for which the court is sitting or the collecting officer for some other district. Subs.(4) rep. by 1980 NI 5 art.42(2)(b) sch.4 (5) The collecting officer shall receive all payments directed to be made through him under this section and pay forthwith to the person named in the order the sum directed to be paid in the order or such part thereof as he receives, without making any deduction therefrom. (6) Where an order requires payments to be made periodically [through the collecting officer] and any payment, or part thereof, is in arrear for fourteen days, [or such longer period (not exceeding two months) as the collecting officer may in any particular case allow], the collecting officer shall give notice in writing to the person entitled to receive the payments stating the particulars of the arrears and shall if that person requests in writing, and unless it appears to the collecting officer that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of all sums in arrears under the order; but the said person shall have the same liability for all costs properly incurred in or about the proceedings as if the proceedings had been taken by him. (7) Nothing in this section shall affect any right of a person to proceed in his own name for the recovery of sums payable on his behalf under any order made under this section. (8) Where a court of summary jurisdiction makes an order under subsection (1) there may be paid to the collecting officer [(other than a member of the Northern Ireland Court Service)] by the [Lord Chancellor] a sum in respect of his remuneration and expenses not exceeding such percentage of the money actually paid through him as may be fixed by the [Lord Chancellor]. (9) The person against whom an order referred to in subsection (1) has been made shall give notice to the collecting officer or to the person entitled to receive payments under the order of any change of his address and any person failing to give such notice without reasonable excuse shall be liable on conviction by a court of summary jurisdiction to [a fine not exceeding #50]. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 96 Dismissal without prejudice to further complaint as to same matter. 96.(1) Without prejudice to the provisions of any enactment specified in section 110(9) [and subject to Article 25(2) of the Domestic Proceedings (Northern Ireland) Order 1980], where a court of summary jurisdiction has made an order for the periodical payment of money the court or any court of summary jurisdiction acting for the same petty sessions district may at any time on the application of any person by whom or to whom or in respect of whom payments are to be made or on whose complaint the order was made revoke, suspend, revive, vary or discharge the order. (2) The court may exercise its powers of revocation, revival, suspension, variation or discharge, whether under this section or the enactments referred to in subsection (1), at any time and shall do so by order. (3)The power to vary an order shall include power (a)to direct that sums payable under the order shall henceforth be paid to some person other than the person named in the order varied; (b)to add to the order varied any provision authorised by the enactment under which the order was made. Subs.(4) rep. by 1979 NI 3 art.35(3) sch.5; 1980 NI 5 art.42(2)(b) sch.4 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 97 1924 c.27 97.(1) On the hearing of a complaint for the enforcement, revocation, suspension, variation or discharge of an order for the periodical payment of money a court of summary jurisdiction may remit the whole or any part of any arrears due under the order at the time the complaint is heard and determined. Subs.(2) rep. by 1980 NI 5 art.42(2)(b) sch.4 1980 NI 5 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 98 98. In this Act the expression "domestic proceedings" means proceedings (a)under the Maintenance Orders (Facilities for Enforcement) Act 1920 or the Maintenance Orders Act 1950 [or Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972]; (b)under the Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924; [(c)under the Domestic Proceedings (Northern Ireland) Order 1980;] (d)under section 4(3) of the Family Allowances Act (Northern Ireland) 1945, ... section 11 of the Welfare Services Act (Northern Ireland) 1949 [or Article 23 of the Supplementary Benefits (Northern Ireland) Order 1977]; (e)under section 96 or section 110 in relation to orders made under any of the enactments referred to in the foregoing paragraphs; or (f)under any enactment specified in the preceding paragraphs as applied or extended by or for the purposes of any other enactment. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 99 1980 NI 5 99.(1) The business of courts of summary jurisdiction shall, so far as is consistent with the due despatch of business, be arranged in such manner as may be requisite for separating the hearing or determination of domestic proceedings from other business. (2) No person shall be present during the hearing or determination by a court of summary jurisdiction of any domestic proceedings except (a)members and officers of the court; (b)parties to the proceedings before the court, their solicitors and counsel, witnesses and other persons directly concerned in those proceedings; (c)solicitors and counsel in attendance for other proceedings; (d)representatives of newspapers or news agencies; and (e)any other person who appears to the court to have adequate grounds for attendance. (3) For the purposes of taking any evidence of an indecent character in any domestic proceedings, the court may, if it thinks necessary in the interest of the administration of justice or of public decency, direct that all or any persons not being members or officers of the court or parties to the proceedings, their solicitors or counsel, or other persons directly concerned in the proceedings, be excluded from the court during the taking of that evidence. (4) The powers conferred on a court of summary jurisdiction by this section shall be in addition and without prejudice to any other powers of the court to hear proceedings in camera or to exclude a witness until his evidence is required. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 100 1945 c.19 100.(1) The proprietor, editor or publisher of a newspaper or periodical shall not print or publish therein, or cause or procure to be printed or published therein, in relation to any domestic proceedings, any particulars other than the following, that is to say: (a)the names, addresses, and occupations of the parties and witnesses; (b)the grounds of the application, and a concise statement of the charges, defences and countercharges in support of which evidence has been given; (c)submissions of any point of law arising in the course of the proceedings and decisions of the court thereon; and (d)the decisions of the court, and any observations made by the court in giving its decision. (2) If any person acts in contravention of the provisions of this section he shall be liable on conviction by a court of summary jurisdiction to imprisonment for a term not exceeding four months or to a fine not exceeding one hundred pounds, or to both such imprisonment and such fine. (3) A prosecution for an offence under this section shall not be instituted otherwise than by or with the consent of the Attorney-General. (4) Nothing in this section shall apply to the printing or publishing of any matter in any newspaper or periodical of a technical character bona fide intended for circulation among members of the legal or medical profession. 1949 c.1 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 101 101.(1) Where a person has been adjudged to pay a sum by a conviction of a magistrates' court, the court may, subject to section 103, order that person to pay that sum forthwith [, allow time for payment or order payment by instalments.] (2) The court shall consider any representations made by such person as to the time to be allowed under subsection (1) but that time shall not be less than [twenty-eight] days commencing with the day ... on which the sum is adjudged to be paid. [(3) Where the person ordered to pay the sum makes an application for permission to pay the sum by instalments the court shall allow such payment unless the court is satisfied that it would not be reasonable in all the circumstances to do so. (4) The court may, on the application of the person ordered to pay the sum, allow further time for payment or vary an order for payment by instalments. (4A) Subject to subsection (4C), the court may, in determining an application under subsection (4) remit the whole or any part of the sum if the court thinks it just to do so having regard to any change in the circumstances of that person since the conviction, and where the court remits part of the sum after a period of imprisonment has been imposed in default of payment, the court shall also reduce that period by an amount which bears the same proportion to that period as the amount remitted bears to that sum. (4B) In calculating the reduction required under subsection (4A) any fraction of a day shall be left out of account. (4C) In considering whether to remit under subsection (4A) the whole or any part of (a)a sum to which section 143(3) of the Social Security (Northern Ireland) Act 1975 applies; or (b)any compensation awarded to any person; (i)in the case of a sum mentioned in paragraph (a), by the Department of Health and Social Services; (ii)in the case of any compensation, by the person to whom the compensation was awarded.] (5) Where before the expiration of the time allowed or of the period during which payment by instalments is allowed the person ordered to pay the sum indicates that he prefers immediate committal to awaiting the expiration of the time allowed for payment of the sum or of the remaining instalments, a warrant may be issued committing him to prison forthwith. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 102 Sitting of court for domestic proceedings. 102.(1) Subject to this section and section 103, where default is made by a person in paying a sum adjudged to be paid by a conviction or any instalment of or part of such sum the order of the court may be enforced by the issue of (a)a warrant of distress for the purpose of levying so much of the sum as remains unpaid; or (b)a warrant committing that person to prison; (c)a warrant committing him to prison in default of sufficient distress. (2) Where it appears on the return to a warrant of distress that the money and goods of the defaulter are insufficient to satisfy the sum together with the costs of levying the sum, the court may issue a warrant of commitment. (3) Where the court has issued a warrant of commitment in the first instance in default of payment of the sum and it is found impossible to execute the warrant, a warrant of distress may be issued. (4) Where a court has allowed payment of the sum by instalments and default is made in the payment of any one instalment, a warrant may be issued as if the default had been made in the payment of all the instalments then unpaid. (5) The period for which a person may be committed to prison under this section in default of payment or levy of any sum or part of such sum shall not exceed the period specified in Schedule 4. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 103 Newspaper reports of domestic proceedings. 103. A warrant committing a person to prison in respect of non-payment of a sum adjudged to be paid by a conviction of a magistrates' court shall not be issued at the time of his conviction unless (a)he appears to the court to have sufficient means to pay the sum forthwith; or (b)on being asked by the court whether he wishes to have time for payment he does not ask for time; or (c)the court is satisfied that he has no fixed abode in Northern Ireland; or (d)there is some other special circumstance appearing to the court to justify immediate committal; Payment of sums adjudged to be paid by a conviction. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 104 104.(1) [Where a person is allowed time for payment of a sum adjudged to be paid by a conviction or to pay such sum by instalments], the court may order that until the sum is paid he be placed under the supervision of such person as may be appointed by the court. (2) Before issuing a warrant to commit a person placed under supervision to prison in respect of non-payment of the sum the court shall consider any report as to his conduct and means which may be made by the person under whose supervision he has been placed.[ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 104A 1975 c.15 104A.(1) Where a magistrates' court has, or is treated by any statutory provision as having, adjudged a person by a conviction to pay a sum and it appears to the court that he is residing (a)in any petty sessions area in England and Wales, or (b)within the jurisdiction of a court of summary jurisdiction in Scotland, (2) An order under this section shall specify the petty sessions area in which or the court by which payment of the sum in question is to be enforceable; and if (a)that sum is more than #100 or is a fine originally imposed by the Crown Court or the sheriff court, and (b)payment is to be enforceable in Scotland, (3) Where an order is made under this section with respect to any sum, any functions under any statutory provision relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order or by the clerk of that court shall cease to be so exercisable.][ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 104B Enforcing payment of a sum adjudged to be paid by a conviction. 104B.(1) Where a transfer of fine order under [section 72A of the Magistrates' Courts Act 1952] [section 90 of the Magistrates' Courts Act 1980] or section 403 of the Criminal Procedure (Scotland) Act 1975 provides that payment of a sum shall be enforceable in a petty sessions district in Northern Ireland, a court of summary jurisdiction acting for that district and the clerk of that court shall, subject to subsection (2), have all the like functions under any statutory provision in respect of the sum (including power to make an order under section 104A) as if the sum were a sum adjudged to be paid by a conviction of that court and as if any order made under [the said Act of 1952] [the said Act of 1980] or, as the case may be, 1975 in respect of the sum before the making of the transfer of fine order had been made by that court. (2) Where a transfer of fine order under [section 72A of the Magistrates' Courts Act 1952] [section 90 of the Magistrates' Courts Act 1980] or section 403 of the Criminal Procedure (Scotland) Act 1975 provides for the enforcement of a fine originally imposed by the Crown Court, the term of imprisonment which may be imposed under this Act shall be (a)the term fixed in pursuance of section 31 of the Powers of Criminal Courts Act 1973 by the Crown Court, or (b)a term which bears the same proportion to the term so fixed as the amount of the fine remaining due bears to the amount imposed by that court, Ss. 105107 rep. by 1969 c.30 (NI) s.132 sch.6 1952 c.55 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 108 108. A person ordered to pay any sum in proceedings upon complaint otherwise than [on] conviction may be ordered to pay that sum forthwith or may be allowed time to pay, or where necessary, further time and either in addition to or in lieu of being allowed such time, may ... be ordered to pay the sum by instalments. S.109 rep. by 1972 NI 16 art.63(3) sch.19 Pt.I; 1980 NI 5 art.42(2)(b) sch.4 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 110 1980 c.43 110.(1) Where an order to which this section applies is made by a court of summary jurisdiction directing the periodical payment of money and default is made in such payment or part thereof [or in payment of any costs awarded on the making of such order], a resident magistrate or other justice of the peace may upon complaint made to him at any time after the expiration of fourteen days from the date of such default and before the expiration of three years from that date (a)issue a summons for the appearance of the person by whom such payments are to be made before a court of summary jurisdiction acting for the same petty sessions district as the court which made the order; or (b)by warrant cause such person to be brought before a resident magistrate acting for the same petty sessions district as the court which made the order or for any other petty sessions district in same [county court division]. (2) A warrant shall not be issued under subsection (1) unless the complaint is in writing and substantiated on oath. (3) Where a person has been taken into custody in pursuance of a warrant issued under subsection (1) for the purpose of causing him to be brought before a resident magistrate he shall, if it will not be practicable to bring him before a resident magistrate within twenty-four hours after he was so taken into custody, be brought, as soon as practicable, before a justice of the peace who may, if he thinks fit, discharge such person upon his entering into a recognizance for a reasonable amount to appear before a resident magistrate at the time and place named in the recognizance; but where such person is not so discharged the justice of the peace shall commit him to prison and direct that he shall be brought before a resident magistrate as soon as practicable thereafter and in any case not later than eight days from the date of such commitment. (4) [Without prejudice to subsection (5)] upon the appearance of a person summoned before a court of summary jurisdiction or on proof that the summons was duly served on him, the court, or where a person is brought before a resident magistrate pursuant to a warrant issued under subsection (1), the resident magistrate (a)may by order direct that any sum appearing to be due by reason of such default, together with the costs attending the issue and service of the summons, or the warrant, apprehension and bringing up of such person, as the case may be, and the making of the order [and all reasonable charges of the distress] shall be recovered by distress; and, in addition; (b)may order that such person be detained and kept in custody, or, if he is not present that he be arrested and kept in custody until the day appointed for the return of the warrant of distress (not being later than a period of eight days commencing with the day after that on which the warrant is issued) unless he enters into a recognizance to the satisfaction of the court or magistrate for his appearance before the court or magistrate on that day. [(5) Upon the appearance of a person or proof of service of the summons on him as mentioned in subsection (4), the court or resident magistrate may (a)instead of making an order under paragraph (a) of that subsection make an order committing the person to prison until the sum and costs in question are paid; or (b)as well as making an order under that paragraph make an order committing him to prison in default of sufficient distress until so much of the sum and costs as is not defrayed by the distress, and all reasonable charges of the distress, are paid; (5A) Subsections (2) and (3) of section 102 shall have effect for the purposes of the recovery of any sum, costs or charges under this section as they have effect for the recovery of a sum under that section. (5B) The court or a resident magistrate may make an order of commitment under subsection (5), or issue a warrant of commitment under section 102(2) as applied by subsection (5A), unless it or he is satisfied that the default is not due to the wilful refusal or culpable neglect of the person who is liable to pay the sum and costs in question and the charges of distress, if any. (5C) The term for which a person is committed to prison on any occasion by an order made under subsection (5), or a warrant issued under section 102(2) as applied by subsection (5A), in default of payment of a sum (including any costs and charges) shall not exceed the period mentioned in Schedule 4 in relation to that sum and, in any event, shall not exceed six weeks. (5D) Where a person is committed to prison under this section for failure to pay a sum due under an order to which this section applies, then, unless the court or resident magistrate who commits him otherwise directs, no arrears shall accrue under the order while he is in custody.] (6) Where on an application to enforce the payment of any sum due under an order for periodical payment to which this section applies, no order of commitment is made, the application may be renewed at any time on the ground that the circumstances of the person from whom the payment is due have changed. Subs.(7)(8) rep. by 1979 NI 3 art.35(3) sch.5; 1980 NI 5 art.42(2)(b) sch.4 (9) This section shall apply to the following orders for the periodical payment of money (a)maintenance orders made outside the United Kingdom and registered in a court of summary jurisdiction in Northern Ireland under the Maintenance Orders (Facilities for Enforcement) Act 1920 or confirmed by such a court under that Act; (b)affiliation orders under the Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924 whether as originally enacted or as applied or extended by or for the purposes of any other enactment; [(c)orders for the periodical payment of money under the Domestic Proceedings (Northern Ireland) Order 1980;] Para.(d) rep. by 1966 c.28 (NI) s.42(3) sch.7 (e)orders under section 11 of the Welfare Services Act (Northern Ireland) 1949; Para.(f) rep. by 1968 c.34 (NI) s.181(3) sch.8 (g)maintenance orders made in another part of the United Kingdom and registered in a court of summary jurisdiction in Northern Ireland under Part II of the Maintenance Orders Act 1950; [(h)orders under Article 23 of the Supplementary Benefits (Northern Ireland) Order 1977;] [(i)orders registered in a court of summary jurisdiction under Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966;] [(j)contribution orders under Part X of the Children and Young Persons Act (Northern Ireland) 1968.] (10) The provisions of this section shall have effect in lieu of any other provision for the enforcement before a court of summary jurisdiction of orders to which this section applies.[ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 110A 1950 c.37 110A.(1) Where a court of summary jurisdiction in proceedings upon complaint otherwise than on conviction has ordered the payment of a sum of money (not being a sum to which section 110 applies) and a person defaults in paying that sum within the time specified in the order or (if no time is so specified) forthwith, subsections (1) to (5C) of section 110 shall apply as if in subsection (1) the word "periodical" were omitted and in paragraph (a) of that subsection for the words "payments are" there were substituted the words "payment is". (2) The commitment to prison of a person under section 110(5), or under section 102(2) as applied by section 110(5A), for the purposes of this section shall not operate to discharge him from liability to pay the sum in respect of which the order of commitment was made or the warrant of commitment was issued; but where a person has been imprisoned under an order of commitment made for the purposes of this section in respect of his failure to pay any sum, then, notwithstanding anything in this Act, no such order shall thereafter be made in respect of that sum or any part of it. (3) Where a sum such as is mentioned in subsection (1) has been ordered by the court to be paid by instalments and default is made in the payment of any one instalment, this section shall apply as if the default had been made in the payment of all the instalments then unpaid. (4) Where proceedings have been taken in the Enforcement of Judgments Office for the payment of a lump sum ordered to be paid under Article 4(1)(b) or (d), 8(5), 13(2)(b) or (3)(b) or 22(2) or (8) of the Domestic Proceedings (Northern Ireland) Order 1980, no order shall be made under this section to enforce such payment.] 1966 c.35 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 111 111. Any sum (including costs) recoverable in proceedings before a magistrates' court commenced by notice under Part VIII or under any other enactment shall, except where that other enactment provides to the contrary, be recoverable in the same manner as a sum recoverable in proceedings upon complaint [otherwise than on conviction] .... 1968 c.34 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 112 112.(1) Where a person has been adjudged to pay a sum by a conviction of a magistrates' court or in proceedings under section 110, the court may order him to be searched. (2) Subject to subsection (3), any money found on such person on apprehension, or on such search as aforesaid, or on his being taken to prison or other place of detention in default of payment of the sum, may, unless the court otherwise directs, be applied towards payment of the sum and the balance, if any, shall be returned to him. (3) The money found on such person shall not be so applied if the court is satisfied that the money does not belong to him or that such application of the money would be more injurious to his family than his detention. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 113 Enforcement of orders for payment of money other than periodical payments. 113.(1) Where imprisonment has been imposed on any person by the conviction or order of a magistrates' court in default of payment of any sum or for want of sufficient distress to satisfy such sum, then, on the payment of the sum to a person authorised to receive it, together with the costs and charges, if any, of the commitment and distress, the order shall cease to have effect; and if the person has been committed to custody he shall be released unless he is in custody for some other cause. (2) Where, after a period of imprisonment has been imposed on any person in default of payment of any sum adjudged to be paid by the conviction or order of a magistrates' court or for want of sufficient distress to satisfy such a sum, payment of part of the sum is made to a person authorised to receive it, the period of imprisonment shall, subject to subsection (3), be reduced by such number of days as bears to the total number of days in that period less one day the same proportion as the amount so paid bears to so much of the said sum, and the costs of any distress levied to satisfy that sum, as was due at the time the period of imprisonment was imposed. (3) In calculating the reduction required under subsection (2) any fraction of a day shall be left out of account. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 114 1980 NI 5 114.(1) Where power is conferred under any enactment upon a magistrates' court to require any person to do or to abstain from doing anything other than the payment of money and no mode is provided for the exercise of such power, the court may, subject to the provisions of this Act, exercise such power by order. (2) The court may annex to any order requiring any person to do or abstain from doing anything other than the payment of money any condition as to time or mode of action and may by order on complaint suspend or rescind such order on any undertaking being given or upon the condition being performed. [(3) Where a person fails to comply with an order such as is mentioned in subsection (2) and the enactment under which the order was made prescribes no punishment for such failure, (a)section 110(1) to (3) shall apply as if in subsection (1) for the words from the beginning to "the making of such order" there were substituted the words "Where an order is made by a magistrates' court requiring any person to do or abstain from doing anything other than the payment of money and that person defaults in complying with the order by either failing to do, within the time specified in the order or (if no time is so specified) forthwith, the thing he is required to do or, as the case may be, doing the thing he is required to abstain from doing", for the words from "after the expiration of fourteen days" to "from that date" there were substituted the words "before the expiration of one year from the date of such default" and, in paragraph (a) of that subsection, for the words "such payments are to be made" there were substituted the words "that thing is required to be done or not done"; and (b)upon the appearance of a person summoned before a court of summary jurisdiction under subsection (1) of section 110 as applied by paragraph (a) or on proof that the summons was duly served on him, the court or, where a person is brought before a resident magistrate pursuant to a warrant issued under that subsection as so applied, the resident magistrate (ii)may commit him to prison for a period not exceeding two months or until he either complies with the order or satisfies a court of summary jurisdiction that he intends to comply with it (and the court may issue a warrant to enforce the order of commitment); (b)but a person who is ordered to pay a sum for every day during which he has failed to comply with the order or who is committed to prison until he complies or satisfactorily indicates his intention to comply with the order shall not by virtue of this section be ordered to pay more than #1,000 or be committed for more than two months in all for doing or abstaining from doing the same thing contrary to the order (without prejudice to the operation of this section in relation to any subsequent failure to comply with the order). (3A) In relation to an order made by a resident magistrate or justice of the peace sitting out of petty sessions, the references in paragraphs (a) and (b) of section 110(1) to the same petty sessions district as the court which made the order acted for shall for the purposes of subsection (3) be construed as references to the petty sessions district in which the order was made.] (4) Payment of any sum ordered to be paid under subsection (3) shall be enforceable in the same manner as payment of a sum adjudged to be paid by a conviction.[ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 114A Recovery of sums awarded in proceedings commenced by notice. 114A.(1) A person imprisoned under a warrant of commitment issued under section 114 who is not detained otherwise than under that section may make an application in the prescribed manner requesting that the warrant be cancelled and stating the grounds of the application. (2) An application under subsection (1) shall be made to a resident magistrate who shall, after considering the statements contained in the application, (a)if he is of opinion that the application should be further considered, refer it to the court; or (b)if he is not of that opinion, refuse the application. (3) When an application is referred to the court under subsection (2), the clerk of the court shall serve on the person in charge of the place in which the applicant is detained and the person in whose favour the order which is being enforced under section 114 was made notice of the time and place appointed for the consideration of the application by the court and shall also serve on the second-mentioned person a copy of the application. (4) On considering an application referred to it under subsection (2)(a), the court may (a)refuse the application; or (b)if the applicant satisfies the court that he has complied with the order in question or intends to comply with it, order that the warrant shall cease to have effect when the person in charge of the place in which the applicant is detained is served by the clerk of the court with a copy of the order. (5) Where the court makes an order under subsection (4)(b) it may (a)fix a term of imprisonment in respect of any continued or future failure to comply with the order in relation to which the warrant was issued, being a term not exceeding so much of the term of the previous warrant as remained to be served at the date of the order; and (b)postpone the issue of the warrant for the commitment of the applicant for that term until such time and on such conditions, if any, as the court thinks just. (6) Where under subsection (3) notice of the time and place appointed for the consideration of the application by the court is served by post on the person in whose favour the order which is being enforced under section 114 was made, (a)the notice shall be deemed to have been served on him notwithstanding that it is returned as undelivered or is for any other reason not received by that person; and (b)if that person does not appear at that time and place, the court may proceed with the consideration of the application in his absence. (7) In this section "the court" means a court of summary jurisdiction sitting for the same petty sessions district as the court which issued the warrant of commitment or for any other petty sessions district in the same county court division. (8) This section does not prejudice section 44 of the Judicature (Northern Ireland) Act 1978 (appeal to Court of Appeal from order or decision of a magistrates' court under section 114).] MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 115 Release from custody and reduction of period of imprisonment on payment. 115.(1) Subject to this Act or any other enactment, where a magistrates' court makes an order upon conviction which is to have immediate effect it shall issue the proper warrant for executing the order forthwith or, if for any reason and subject to any enactment, the order is not to have immediate effect the court may postpone the issue or stay the execution of the warrant. (2) A magistrates' court may postpone the issue of any other warrant or stay the execution thereof until such time and on such conditions as it thinks just. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 116 Enforcement of orders other than for the payment of money. 116.(1) The provisions of any enactments regulating the duties of the Royal Ulster Constabulary with respect to warrants and the execution thereof shall apply in relation to warrants issued under this Act to members of the Royal Ulster Constabulary. (2) Without prejudice to subsection (1), where for any reason the person to whom a warrant is addressed is unable to execute it within the time fixed by the warrant (or if no time has been so fixed, within a reasonable time), he shall return the warrant to the resident magistrate or other justice of the peace who issued it or who made the conviction or order upon which it was issued together with a certificate in the prescribed form of the reasons why the warrant has not been executed. (3) The resident magistrate or other justice of the peace by whom a warrant has been issued or who made the conviction or order upon which it was issued may examine on oath the person to whom a warrant has been addressed concerning the reasons why it has not been executed and may re-issue the warrant or may issue any other warrant for the same purpose. [(4) Without prejudice to sections 157 and 159, where the resident magistrate or other justice of the peace who issued the warrant or made the conviction or order upon which it was issued is unable to exercise his functions under subsection (3) by reason of his having died, ceased to hold office or become disqualified for holding office, or is for any other reason unable to perform the functions of his office, his functions under that subsection shall be exercisable by any resident magistrate.] MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 117 Review of commitment under section 114. 117.(1) Unless the court for any special reason otherwise orders, a decree in debt or ejectment proceedings shall not issue until after the expiration of fourteen days from the date of the order under which it was issued, but the court may, subject to any terms it may see fit to impose, postpone the issue of a decree for such further period or periods as it thinks fit so, however, that (except as provided by section 118) the court shall not postpone for more than four weeks the issue of a decree in ejectment proceedings for possession of premises which are required for the purposes of the execution of the statutory powers and duties of a local or other public authority. Subs.(2) rep. by 1969 c.30 (NI) s.132 sch.6 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 118 1978 c.23 118.(1) Subject to subsection (2) where a person has given notice of appeal to the county court or has applied for a case to be stated for the opinion of the Court of Appeal and where he is required to enter into a recognizance under section 149 he has entered into that recognizance, a decree or warrant for the purpose of enforcing the order shall not be issued until (a)the order has been affirmed, amended or varied on appeal; or (b)it appears to the court that the appellant has failed to perform the conditions of a recognizance entered into under section 149; or (c)the appellant has abandoned the appeal in accordance with section 150. (2) Nothing in this section shall apply to a person sentenced to imprisonment or other form of detention in custody or prejudice the operation of any enactment which expressly authorises or directs the levy of any sum notwithstanding the appeal or of section 148 respecting persons in custody. S.119 rep. by 1969 c.30 (NI) s.132 sch.6 Issue, postponement and stay of execution of warrants. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 120 120.(1) Where a justice of the peace is satisfied that any person is able to give material evidence or produce any document or thing before a magistrates' court, he may issue a summons directed to such person requiring him to attend before the court at the time and place appointed in the summons to give evidence or to produce the document or thing. (2) Where a justice of the peace is satisfied by evidence on oath that it is probable that a person will not attend to give evidence at a preliminary investigation, the complaint being in writing and on oath, he may, instead of issuing a summons to such person under subsection (1), issue a warrant for his arrest. (3) Upon failure of any person to attend before a magistrates' court in answer to a summons under subsection (1), if (a)the court is satisfied by evidence on oath that he is likely to be able to give material evidence or produce any document or thing likely to be material evidence in the proceedings; and (b)it is proved on oath or by affidavit or in such other manner as may be prescribed that such summons was duly served upon such person or that he is evading service and that he is able to give material evidence; and (c)no just excuse has been shown for such failure to attend; (4) Where a person is arrested upon a warrant issued under this section he shall be brought, as soon as practicable, before a magistrates' court which may, if desirable, discharge such person upon his entering a recognizance to appear before that or any other magistrates' court at the time and place specified in the recognizance and, if necessary, to appear at every time and place to which during the proceedings the hearing may from time to time be adjourned. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 121 Duties of Constabulary and others with respect to warrants. 121.(1) Any person who (a)was duly served with a summons under section 120 and who fails, without reasonable excuse, to appear at the time and place appointed by the summons; or (b)fails to comply with the provisions of sub-section (2) or with any direction given thereunder; (2) Where in any proceeding before a magistrates' court it appears to the court desirable in the interests of justice so to do, the court may direct that any witness in that proceeding be excluded from the court during the proceeding until he is required for the purpose of giving evidence therein; and where such direction is given, the witness shall attend on the court and give his evidence when so required. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 122 Issue, postponement or stay of execution of decrees in debt and ejectment proceedings. 122.(1) If any person attending or brought before a magistrates' court refuses without just excuse to be sworn or give evidence, or to produce any document or thing, the court may commit him to custody until the expiration of such period not exceeding eight days as may be specified in the warrant or until he sooner gives evidence or produces the document or thing. (2) Nothing in this section shall prevent the court from disposing of a case in any manner in which it has power to do so. (3) Where after being committed to custody a witness still refuses to be sworn or give evidence or produce any document or thing he may be recommitted where necessary from time to time for a further period not exceeding eight days provided that no witness in summary proceedings shall be imprisoned for longer than a total period of one month. Postponement of issue of warrants or decrees until appeal determined. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 123 123. Subject to this Part and to the provisions of any enactment or rule of law authorising the reception of unsworn evidence, evidence given before a magistrates' court shall be given on oath. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 124 Summons to witness or warrant for his arrest. 124. A statement in writing that wages of any amount have been paid to a person during any period, purporting to be signed by or on behalf of his employer, shall, without further proof, be evidence of the facts alleged in the statement (a)for the purpose of ascertaining the means of such person where a magistrates' court is determining the amount of a sum adjudged to be paid by a conviction or order of a magistrates' court; (b)on any application made by or against such person for the making of an order for the periodical payment of money such as is specified in section 110(9) or for the variation, revocation, discharge, suspension or revival of such an order or in any proceedings under that section for its enforcement. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 125 Penalty for witness failing to appear or obey direction of court excluding him. 125. In any summary proceedings to enforce the payment of a sum of money ordered to be paid by one person to another, then (a)if the sum was payable under the order to the clerk of petty sessions or collecting officer, the production of a certificate purporting to be signed by the clerk or collecting officer that the sum has not been paid to him; and (b)in any other case the production of a statutory declaration to a like effect purporting to be made by the person to whom the sum is payable under the order or, where the person to whom the sum is payable is a public or local authority or board, any authorised officer thereof; Refusal of witness to testify. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 126 126.(1) When the defendant to a complaint relies for his defence on any exception, exemption, proviso, excuse or qualification, the burden of proving such exception, exemption, proviso, excuse or qualification shall be on him. (2) This section shall have effect whether the exception, exemption, proviso, excuse or qualification relied on (a)accompanies or does not accompany the description of the offence or matter of complaint in the enactment creating the offence or on which the complaint is founded; or (b)is or is not expressly specified or negatived in the complaint. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 127 Evidence on oath. 127.(1) Without prejudice to any other mode of proof, service on a person of any summons, notice, process or document required or authorised to be served in any proceedings before a magistrates' court and the handwriting or seal of any resident magistrate or other justice of the peace [, clerk of petty sessions] or other officer or person on any warrant, summons, notice, process [, recognizance or other document], may be proved by affidavit. (2) Any affidavit purporting to be made and attested in the prescribed form shall be received in evidence and shall be deemed to be duly made and attested until the contrary is shown. Statement of wages to be evidence. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 128 128.(1) Subject to this section, the power to order a person to enter into a recognizance to keep the peace or to be of good behaviour or to keep the peace and be of good behaviour may be exercised by a magistrates' court (a)upon a complaint that such person should be called upon to show cause why he should not be ordered to be so bound; or (b)upon convicting a person of an offence and [in lieu of or] in addition to any ... sentence which the court may lawfully impose; or (c)in the case of a person present before such court without any formal application to the court to make such order. (2) The period during which a person may be ordered to be bound by a recognizance under sub-section (1) shall not exceed two years. (3) A complaint under sub-section (1)(a) may be laid before a justice of the peace where the person against whom the complaint is made resides or is found or is believed to be within the jurisdiction of such justice or where the conduct to which the complaint relates has occurred or is expected to occur within that jurisdiction. (4) Subject to sub-section (3), a summons to the person against whom such complaint is made or a warrant for his arrest (whether in the first instance or in default of appearance) may in all respects be issued as if the complaint were one alleging the commission of a summary offence. (5) Without prejudice to section 33(4), proceedings upon the hearing of a complaint under this section shall be conducted, and the person against whom the complaint is made and such witnesses as he may call may give evidence and be cross-examined, in the same manner as in proceedings for a summary offence and the court may remand such person, whether in custody or on bail, for the same period and subject to the same conditions as in such last-mentioned proceedings and any order against such person for the payment of costs made in proceedings under this section shall be enforceable in the same manner as an order for the payment of a sum adjudged to be paid by a conviction of a magistrates' court. (6) If any person ordered to enter into a recognizance by a magistrates' court under this section fails to comply with the order, the court may commit him to prison for a period not exceeding six months or until he complies with the order, whichever is the shorter. (7) Nothing in this section shall derogate from the provisions of [section 76(2)] of the Children and Young Persons Act (Northern Ireland) [1968] or section 7(1) of the Probation Act (Northern Ireland) 1950 or any other enactment authorising a magistrates' court to require a person to give security for good behaviour or for keeping the peace. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 129 Proof by affidavit of service of summons, handwriting, etc. 129.(1) Where a surety to a recognizance to keep the peace or to be of good behaviour, or to keep the peace and to be of good behaviour, has reason to suspect that the person bound as principal has been or is about to be guilty of conduct which was or would be a breach of the conditions of the recognizance, he may make a complaint to any justice of the peace having jurisdiction either in the place in which the said person resides or is believed by the complainant to be, or in the petty sessions district in which the recognizance was ordered to be entered into, and that justice may thereupon, if he thinks fit, either issue a warrant against the said person to bring him before a resident magistrate out of petty sessions, or issue a summons to him to appear before a court of summary jurisdiction. (2) The resident magistrate before whom the said person is brought under any such warrant or the court of summary jurisdiction before which he appears in answer to any such summons may order him to enter into a new recognizance or deal with him as if he were a person who had failed to comply with an order to enter into a recognizance and may in any case order that the first-mentioned recognizance shall be discharged. (3) A warrant shall not be issued under this section unless the complaint is in writing and substantiated on oath. Exercise of power to bind over. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 130 130.(1) A justice of the peace on issuing a warrant for the arrest of any person may, if he thinks fit, by endorsement on the warrant, direct that the person named, described or otherwise identified in the warrant shall on arrest be released on his entering into such a recognizance as may be specified in the endorsement; and the endorsement shall fix the amounts in which the principal and the sureties, if any, are to be bound or the amount of any security permitted to be deposited in lieu of sureties. (2) Where such an endorsement is made, the member of the Royal Ulster Constabulary for the time being in charge of the constabulary station to which the arrested person is brought shall discharge him on his entering into a recognizance with sureties approved by that member or without sureties or accompanied by the deposit of a security in lieu of such sureties or without such security, in accordance with the terms of the endorsement, conditioned for his appearance before the court named and at the time and place specified in the recognizance. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 131 1968 c.34 131.(1) Where any person is arrested without a warrant for any offence the member of the Royal Ulster Constabulary for the time being in charge of the constabulary station to which such person is brought shall inquire into the complaint and (a)where he is satisfied that the offence is not of a serious nature and that the release of such person would not tend to defeat the ends of justice or to cause injury or danger to any person, may, without prejudice to further proceedings being brought against such person by way of summons or otherwise, release him from custody, without requiring him to enter into a recognizance, or may release him upon his entering into a recognizance to appear before a magistrates' court at a time and place specified in the recognizance and to answer to the complaint and a person entering into such recognizance shall be deemed for the purpose of sections 55 and 56 to have been remanded on bail; (b)where he is satisfied that the inquiry into the complaint cannot be completed forthwith, may release such person from custody upon his entering into a recognizance to appear at such constabulary station at such time as is named in the recognizance unless he previously receives notice from a member of the Royal Ulster Constabulary not below the rank of head constable that his attendance is not required. (2) A recognizance entered into for the purposes of this section may be taken before the member of the Royal Ulster Constabulary for the time being in charge of the constabulary station and the time to be specified in any such recognizance shall, subject to subsection (3), be either the date of the next petty sessions or a date not later than [twenty-eight] days from the date of such recognizance. (3) Where it appears to any such member that a person who has entered into a recognizance to appear at a constabulary station is, by reason of illness or other unavoidable cause, unable to appear at the time named in the recognizance, such member may extend the time named in the recognizance for such further period as may appear to be reasonable in the circumstances. (4) Nothing in this section shall affect the operation of [section 31(5)] of the Children and Young Persons Act (Northern Ireland) [1968]. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 132 Discharge of recognizances to be of good behaviour, etc., on application by surety. 132. Where a person arrested without warrant is not, within twenty-four hours of his arrest, released from custody the member of the Royal Ulster Constabulary in charge of the constabulary station where such person is in custody shall bring him or have him brought before a magistrates' court as soon as practicable thereafter but in any event not later than forty-eight hours after his arrest. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 133 Endorsement on warrant as to release on bail. 133. Without prejudice to any other provision of this Act, any resident magistrate or other justice of the peace before whom a person arrested for any offence is brought, where he is satisfied that the offence is not of a serious nature, may, without prejudice to further proceedings being brought against such person by way of summons or otherwise, release such person from custody without requiring him to enter into any recognizance.[ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 133A Power of Constabulary to release person arrested without a warrant. 133A. Without prejudice to any other power to impose conditions on admission to bail, a magistrates' court may impose such conditions on admitting a person to bail as appear to the court to be likely to result in that person's appearance at the time and place required or to be necessary in the interests of justice or for the prevention of crime.] 1968 c.34 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 134 134.(1) Where a person has [entered into a recognizance to appear before a magistrates' court or] been committed for trial on bail, a surety for such person may make a complaint in writing and upon oath before a justice of the peace that he suspects that such person is about to abscond for the purpose of evading [that appearance or] trial and the justice may thereupon issue a warrant for the arrest of that person and requiring him to be brought before a resident magistrate. (2) The resident magistrate before whom a person is brought under subsection (1) may, if he thinks fit, commit such person to prison until his [next appearance before a magistrates' court or his] trial or until he finds another surety and ... the recognizance entered into by the original surety shall be discharged. Duty of Constabulary where person arrested without warrant is not released. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 135 135. A recognizance shall be in such amount as appears sufficient to ensure the performance of its conditions. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 136 Powers of resident magistrate or other justice in relation to persons not released on bail. 136. Any power of a magistrates' court or of a member of the Royal Ulster Constabulary to require or authorise a recognizance of any kind to be entered into or to fix the amount of any recognizance shall include the power to require or, as the case may be, authorise the recognizance to be entered into with a surety or sureties. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 137 Conditions on admission to bail. 137.(1) Any magistrates' court or member of the Royal Ulster Constabulary may accept or authorise the acceptance of the deposit of a sum of money or other valuable security in lieu of sureties for the due performance of the conditions of a recognizance. (2) Where a court of summary jurisdiction estreats the recognizance, it may order the forfeiture of the whole or any part of any sum of money or other valuable security deposited under subsection (1). (3) The amount of the sum deposited or the valuable security shall be specified in the recognizance. (4) Where the condition of the recognizance is duly performed the sum or security shall be repaid or returned to the person who deposited it. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 138 Provision where person committed for trial on bail about to abscond. 138.(1) Without prejudice to section 152, where the condition of a recognizance is to appear at [the Crown Court] or county court the recognizance shall be liable upon breach of that condition to be estreated by that court; otherwise recognizances entered into before, or in connection with, proceedings pending in or before a magistrates' court may, without prejudice to any other mode of enforcement, be enforced by a court of summary jurisdiction. (2) Where the condition of a recognizance is to keep the peace or to be of good behaviour or to keep the peace and to be of good behaviour or to appear before a magistrates' court or at a constabulary station or where any other recognizance may be enforced by a court of summary jurisdiction, a court of summary jurisdiction may, subject to subsection (3), upon proof in open court of non-performance of the condition of the recognizance, order the estreat of the recognizance to such amount as it sees fit [or remit payment of the amount due under the recognizance.] (3) A court of summary jurisdiction shall not order the estreat of a recognizance unless either (a)proof is given on oath that notice in writing (stating the general grounds upon which the application to estreat the recognizance is made) was served personally on, or left at the usual place of abode of, the party (or each of the parties if more than one) against whom it is sought to put such recognizance in force, at least seven days before the application is made; or (b)where a party entering into a recognizance resides outside Northern Ireland, such a notice as is referred to in paragraph (a) is served upon the party within the time specified by that paragraph, by the recorded delivery service or by registered post in accordance with section 24(1) of the Interpretation Act (Northern Ireland) 1954 or, if neither of those methods is available, by ordinary post and proof of such posting shall be deemed to be proof of the service of such notice. (4) Upon ordering the estreat of a recognizance the court may issue a warrant to levy the amount forfeited by distress and sale of the property of any person bound by the recognizance and in default of distress to commit such person to prison as if for default in the payment of a sum adjudged to be paid by a conviction and accordingly the period for which such person may be committed shall not exceed that specified in Schedule 4. (5) Nothing in this section shall prejudice the power of a magistrates' court to issue a warrant for the arrest of a person who, in breach of his recognizance, has failed to appear before the court. General power to order sureties to any recognizance. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 139 139.(1) Nothing in this Part shall operate (a)so as to prejudice any existing right of appeal for which no provision is made by this Part; (b)so as to remove any existing restriction on a right of appeal. (2) In subsection (1) "existing" means existing at the commencement of this Part by virtue of an enactment not repealed by this Act. Acceptance of deposit of money or valuable securtiy in lieu of sureties to a recognizance. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 140 140.(1) Subject to this section, a person convicted by a magistrates' court may appeal to a county court, (a)whether or not he pleaded guilty, against his sentence; (b)if he did not plead guilty, against the conviction. (2) In subsection (1) the expression "sentence" includes any order made on conviction, not being (a)a probation order or an order for conditional or absolute discharge; or (b)an order for the payment of costs; or (c)any other order subject to a restriction referred to in section 139(1)(b). (3) A person sentenced by a court of summary jurisdiction for an offence in respect of which a probation order or an order for conditional discharge has been previously made or upon whom a fine has been imposed for breach of the requirement of a probation order may appeal to a county court against the sentence or fine. (4) A person ordered under section 7(1) of the Probation Act (Northern Ireland) 1950 to give good security for the good behaviour of an offender ... may appeal to the county court. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 141 1954 c.33 141.(1) A person ordered by a magistrates' court to enter into a recognizance to keep the peace or to be of good behaviour or to keep the peace and be of good behaviour may appeal to the county court and the order appealed against shall not be suspended pending the determination of the appeal but shall, pending such determination, have full force and effect. (2) A party bound by a recognizance which is estreated by a court of summary jurisdiction may appeal to the county court. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 142 Saving for existing right of and restrictions upon appeals. 142.(1) A person committed to prison or upon whom a fine is imposed under section 161 may appeal to the county court. (2) Nothing in this Part shall affect [section 44 of the Judicature (Northern Ireland) Act 1978] in so far as it confers a right of appeal to the Court of Appeal from an order under section 114(3). MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 143 1950 c.7 143.(1) Subject to subsection (2) [and to Articles 29 and 31(1) of the Domestic Proceedings (Northern Ireland) Order 1980], an appeal shall lie to the county court from any order of a magistrates' court in proceedings to which this section applies, by any party to the proceedings. (2) No appeal shall lie from an order under [section 110(4) or (5)]. (3) This section applies to the following proceedings (a)debt proceedings; (b)ejectment proceedings; (c)proceedings commenced by notice of application or appeal (whether under Part VIII or otherwise); (d)proceedings upon a complaint to which Part IX applies. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 144 Appeals against imprisonment or fine for misbehaviour in court or against an order under s.114(3). 144.(1) Where an appeal is made to the county court under this Part, the appellant shall, in addition to complying with the provisions of this Part as to recognizances, within fourteen days commencing on the day on which the decision of the magistrates' court was made, give to the other party notice in writing of his appeal and shall within the said period lodge a copy of such notice so given with the clerk of petty sessions. (2) For the purposes of subsection (1) the day on which the decision of the magistrates' court is given shall, where the court has adjourned the hearing of a complaint after conviction or under section 58 be the day on which the court sentences or otherwise deals with the offender. (3) An appeal from the decision of a magistrates' court shall, without prejudice to any power to adjourn proceedings in the county court and subject to subsection (4), be heard at the sitting of the county court having jurisdiction in the county court division in which the magistrates' court sat which commences next after the expiration of seven days from the day on which the copy of the notice is lodged with the clerk of petty sessions under subsection (1). (4) Where the appellant remains in custody pending the hearing of his appeal, the appeal may be heard at the sitting of the county court which commences next after the day on which the copy of the notice is lodged with the clerk of petty sessions under subsection (1). (5) Without prejudice to section 24, magistrates' courts rules may provide for the transmission of documents to and from the county court. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 145 1978 c.23 145. On an appeal made to it under this Part the county court may exercise all or any of the powers specified in [Article 28 of the County Courts (Northern Ireland) Order 1980] and where an appellant who has not given due notice of abandonment in accordance with section 150 does not appear to prosecute his appeal the county court may without rehearing any evidence affirm the order appealed from or may otherwise deal with the appeal in the absence of the appellant [and in either case may, subject to county court rules, order the payment of costs by the appellant.] 1980 NI 5 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 146 146.(1) Any party to a summary proceeding dissatisfied with any decision of the court upon any point of law involved in the determination of the proceeding or of any issue as to its jurisdiction may apply to the court to state a case setting forth the relevant facts and the grounds of such determination for the opinion of the Court of Appeal. (2) An application under subsection (1) shall be made in writing by delivering it to the clerk of petty sessions within fourteen days commencing with the day on which the decision of the magistrates' court was given and a copy shall be served on the other party within the same period. (3) For the purpose of subsection (2) the day on which the decision of the magistrates' court is given shall, where the hearing of the charge has been adjourned after conviction or under section 58, be the day on which the court sentences or otherwise deals with the offender. (4) If the magistrates' court is of opinion that an application under this section is frivolous, but not otherwise, it may, subject to subsection (5), refuse to state a case, and, if the applicant so requires, shall give him a certificate stating that the application has been refused. (5) The court shall not refuse to state a case if the application is made by or under the direction of the Attorney-General. (6) Subject to the preceding provisions of this section it shall be the duty of the magistrates' court upon application made under subsection (1) to state a case within three months from the date of the application and where such court refuses or fails to state a case, the applicant may apply to a Judge of the Court of Appeal for an order directing the magistrates' court to state a case within the time limited by the order and where the Judge of the Court of Appeal makes such order the magistrates' court shall state the case upon the applicant entering into any recognizance required by section 149. (7) Where an application for a case to be stated under this section has been granted any other right of the applicant to appeal against the decision shall cease. (8) Within fourteen days from the date on which the clerk of petty sessions despatches the case stated to the applicant (such date to be stamped by the clerk of petty sessions on the front of the case stated), the applicant shall transmit the case stated to the Court of Appeal and serve on the other party a copy of the case stated with the date of transmission endorsed thereon. (9) Where two or more parties to the same proceedings apply under this section to the court to state a case, the court shall, subject to subsection (4) state a single case only. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 147 Procedure on appeal. 147.(1) Without prejudice to the generality of section 22 of the Interpretation Act (Northern Ireland) 1954, where a case is stated under section 146 for the opinion of the Court of Appeal, that Court may exercise all the powers, authority and jurisdiction of the magistrates' court stating the case and, in addition may (a)affirm, reverse or vary the decision of the magistrates' court; (b)remit the case stated, with such declarations or directions as the Court of Appeal may think proper, for hearing and determination by the magistrates' court or for re-statement or amendment or for a supplemental case to be stated thereon; or (c)make such order as to costs and expenses as the Court of Appeal may think proper; (2) Except as provided by [section 41 of the Judicature (Northern Ireland) Act 1978], the decision of the Court of Appeal upon a case stated under this Part shall be final. Cases stated by magistrates' courts. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 148 148.(1) Where a person has given notice of appeal to the county court against the order of a magistrates' court or has applied to a magistrates' court to state a case for the opinion of the Court of Appeal, then, if he is in custody, the magistrates' court or any justice of the peace having jurisdiction in the petty sessions district for which the court acted may order him to be released on his entering into a recognizance conditioned (a)if he has given notice of appeal, for his appearance at the hearing of the appeal; (b)if he has applied for the statement of a case, for his due appearance before the magistrates' court after the judgment of the Court of Appeal has been given, [if and when he is so directed by the Court of Appeal]; (c)and in either case for the due prosecution of the appeal in the same terms as the recognizance required by section 149(1). (2) Where the appellant in custody is unable to obtain his release because a magistrates' court has refused to release him from custody under sub-section (1) or fixed the amount of the recognizance to be entered by the appellant or of the recognizance of a surety under section 136 or the amount of any security to be given under section 137 in lieu of sureties at an excessive sum, the appellant may apply to the High Court or to a Judge thereof to release him from custody, or to reduce the amount of the recognizance or security as the case may be. (3) Any application under sub-section (2) shall be made in like manner as an application for bail by a person who has been returned for trial in custody in respect of an indictable offence and on any such application the High Court or Judge may order the release of the appellant on such conditions, and fix the amount of the recognizance or other security at such sum, as the High Court or Judge thinks fit. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 149 Powers of Court of Appeal. 149.(1) Subject to sub-section (3), an appellant shall within three days commencing on the day on which [a copy of the notice of appeal is lodged with the clerk of petty sessions] or the application for a case stated is made enter into a recognizance in such amount as may be fixed by the court from whose decision the appeal is brought or by any justice of the peace having jurisdiction in the petty sessions district for which that court acted conditioned to prosecute the appeal or case without delay and to abide by the judgment of the county court or of the Court of Appeal, as the case may be, and to pay such costs as the court may award. (2) The clerk of petty sessions shall not be required to deliver a case stated to the appellant until the appellant has, where necessary, complied with sub-section (1) and has paid to him such fees payable for the case and for the recognizance as may be prescribed and if the appellant fails or neglects to pay the fees within fourteen days after being notified that the case stated is ready for delivery he shall be deemed to have abandoned his appeal. (3) Sub-section (1) shall not apply to an appellant who (a)pending the hearing of the appeal or case stated remains in custody; or (b)has been released from custody upon his entering into a recognizance under section 148; or (c)is a public or local authority or an officer of a public or local authority acting as such or is a constable acting as such; or (d)is appealing to the county court against an order made in debt proceedings; or (e)is a plaintiff appealing to the county court in ejectment proceedings. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 150 1954 c.33 150.(1) An appellant may at any time, not less than seven days before the date fixed for the hearing, abandon an appeal to the county court by giving notice in writing [to such member of the Northern Ireland Court Service as the Lord Chancellor may designate and such person shall forthwith give notice to the other party to the appeal.] (2) Where an appeal is by way of case stated the applicant for the case may at any time before the date on which he is required to transmit the case to the Court of Appeal abandon the appeal by giving notice in writing [to such member of the Northern Ireland Court Service as the Lord Chancellor may designate and such person shall forthwith give notice to the other party to the appeal.] S.151 rep. by 1978 c.23 s.122(2) sch.7 Pt.II MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 152 1978 c.23 152.(1) Where it appears that an appellant has failed to comply with the conditions of a recognizance entered into under section 148 or section 149, because (a)a notice of abandonment has been duly served under section 150; or (b)... the appeal has not been duly prosecuted; or (c)being the applicant for a case stated, he has failed to take delivery of it or to transmit it as required by section 146(8); (2) In addition, the court of summary jurisdiction may, on the application of the other party to the appeal, order to be paid to him out of the amount forfeited on the estreat of the recognizance such sum as appears to the court to be just and reasonable in respect of expenses properly incurred by such other party in connection with the appeal and the balance of the sum so forfeited, if any, shall be [paid into the Consolidated Fund of the United Kingdom so, however] that where the appeal is abandoned pursuant to notice duly served under section 150 the said balance shall be repaid to the party or parties from whom it was forfeited. (3) Where an appeal has been abandoned by a public or local authority or by an officer of a public or local authority acting as such or by a constable acting as such by notice of abandonment under section 150 or where such an appeal has not been duly prosecuted, a court of summary jurisdiction such as is referred to in subsection (1) may upon complaint order it or him to pay such costs as appear to the court to be just and reasonable in respect of expenses properly incurred by any other party in connection with the appeal. (4) The provisions of this section are in addition to and not in derogation of any provision made by rules of court for the enforcement of the recognizances referred to in subsection (1). MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 153 Bail on appeal to county court or by way of case stated. 153. Without prejudice to section 147, or, in the case of an appeal to the county court, to [Article 28 of the County Courts (Northern Ireland) Order 1980], after an appeal has been decided by the Court of Appeal or county court or, where an appeal has been abandoned (including where an applicant for a case stated has failed to take delivery of it or to transmit it to the Court of Appeal), an order, decree or warrant to enforce the order made on appeal, affirming, reversing or varying the original order, or (as the case may be) to enforce the original order, may be issued by any resident magistrate or other justice of the peace having jurisdiction in the same petty sessions district as the court which made the original order and, in the case of an appeal to the county court, by the [chief clerk.][ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 154 Abandonment of appeal to county court or by way of case stated. 154.(1) Where a person who has been sentenced to imprisonment by a magistrates' court appeals to the county court or, by way of case stated under this Part or under section 2 of the County Court Appeals Act (Northern Ireland) 1964, to the Court of Appeal (a)the time during which the appellant, pending the determination of his appeal, is not detained in custody shall not count as part of any term of imprisonment under his sentence; (b)the time during which the appellant is in custody pending the determination of his appeal shall subject to any direction which the county court or, as the case may be, the Court of Appeal may give to the contrary, be reckoned as part of any sentence to which he is for the time being subject. (2) When the county court or the Court of Appeal gives a direction under subsection (1)(b), it shall state its reasons for giving it. (3) The term of any sentence passed by the county court or the Court of Appeal in exercise of its powers under this Part or under any other statutory provision (as defined in section 1 (f) of the Interpretation Act (Northern Ireland) 1954) shall, unless the county court or, as the case may be, the Court of Appeal otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.] 1980 NI 3 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 155 155.(1) No objection shall be allowed in any proceedings before a magistrates' court to any complaint, summons, warrant, process, notice of application or appeal or other document for any alleged defect therein in substance or in form or for variation between any complaint, summons, warrant, process notice or other document and the evidence adduced on the part of the complainant, plaintiff, applicant or appellant at the hearing, unless the defect or variance appears to have misled the other party to the proceeding. (2) Without prejudice to the generality of section 162 or 164, where a party to the proceeding has been misled by such defect or variance as is mentioned in subsection (1) the court may, if necessary and upon such terms as it thinks fit, adjourn the proceedings. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 156 Computation of sentence on appeal. 156. A magistrates' court may during any proceeding, upon such terms as it thinks fit, make any amendment in any complaint, summons, warrant, process, notice of application or appeal or other document which is necessary for the purpose of raising the real questions at issue and arriving at a just decision. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 157 1964 c.3 157. A summons, warrant, decree or other document issued by a resident magistrate or other justice of the peace shall not be void by reason of the magistrate, justice or clerk of petty sessions who signed the document subsequently dying or ceasing to hold or becoming disqualified for holding office. 1954 c.33 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 158 158. Any summons, notice or other process lawfully issued in connection with any proceedings before a magistrates' court may be served in any part of Northern Ireland upon the person to whom it is addressed. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 159 Objections as to want of form or variance between complaint etc. and evidence adduced. 159.(1) A warrant issued in connection with proceedings before a magistrates' court by a resident magistrate or other justice of the peace shall remain in force until it is executed or until it is withdrawn by the person who issued it, or if he is unable to act, by any resident magistrate. (2) Notwithstanding any other enactment, any warrant for arrest or search or of commitment or distress lawfully issued in connection with proceedings before a magistrates' court may be executed in any part of Northern Ireland and it may be executed either by any person to whom the warrant was originally directed or ... by any constable. (3) Where the person against whom any such warrant or his property, as the case may be, is to be found in Northern Ireland, the provisions of the Petty Sessions (Ireland) Act 1851 relating to the certifying and endorsing of warrants shall not apply. (4) Any warrant [for the arrest of any person or any warrant of commitment lawfully issued] in connection with proceedings before a magistrates' court may be executed by any constable at any time notwithstanding that the warrant is not in his possession at that time, but the warrant shall, on demand of the person arrested [or committed], be shown to him as soon as practicable. (5) The issue or execution of any warrant for arrest or search or of commitment in connection with proceedings before a magistrates' court shall be as effectual on Sunday as on any other day. Validity of documents issued in proceedings. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 160 160. Without prejudice to [section 25 of the Judicature (Northern Ireland) Act 1978], where (a)on the hearing of any application to the High Court to quash the order (including a conviction) of a magistrates' court there appears to be an omission or mistake in the order; and (b)the High Court is satisfied that such omission or mistake is of an obvious or clerical nature and that the magistrates' court ought to have caused the order to be drawn up free from that omission or mistake Execution of warrants. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 161 161.Where a person wilfully insults a magistrates' court or otherwise misbehaves towards the court while it is sitting, the court may either direct such person to be removed from the court or to be taken into custody and, at any time before the rising of the court, may commit such person to prison for a period not exceeding [three months] or impose upon him a fine not exceeding [#200 or may so commit such person and impose upon him such fine] and an order for the payment of such fine may be enforced as though the fine were a sum adjudged to be paid by a conviction. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 162 1851 c.93 162.(1) A magistrates' court may at any time adjourn proceedings before it. [(1A) Where a court of summary jurisdiction adjourns the hearing of a complaint any day on which a resident magistrate resumes the sitting to hear that complaint shall be deemed to be a day directed for the holding of petty sessions.] (2) The court may when adjourning either fix the time and place at which the proceedings are to be resumed or, unless it is remanding a person in custody or on bail, leave the time and place to be determined later by the court; but the proceedings shall not be resumed at that time and place unless the court is satisfied that the parties and witnesses had adequate notice thereof. (3) Persons whose attendance has been required by summons shall, without the issue of further summons, attend on the day to which the hearing is adjourned. (4) Where a magistrates' court is for any reason unable to sit at the time appointed for such sitting, the clerk of petty sessions may adjourn the sitting and any summons, process, notice or recognizance requiring or conditioned for the appearance of a person at such sitting shall be deemed to be varied so as to require the appearance of that person at the time and place to which the sitting is so adjourned. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 163 Amendment of order of magistrates' court on application to quash it. 163.(1) Where any person fails to pay any [court] fee, a court of summary jurisdiction may, on complaint of the clerk of petty sessions to whom such payment is due, make an order requiring the payment to be made and such order shall be enforceable in the same manner as an order for the payment of a sum adjudged to be paid by a conviction. (2) A magistrates' court may, if satisfied of the inability of a party in any proceedings or on whose behalf any proceedings are brought to pay any [court] fees, remit such fees wholly or in part. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 164 1978 c.23 164.(1) Subject to magistrates' courts rules, a magistrates' court may order that a successful complainant, plaintiff, applicant or appellant in any summary proceeding shall recover costs from a defendant or respondent. (2) Where a complaint, debt or ejectment proceeding, application, appeal or other summary proceeding is dismissed, withdrawn or ordered to be struck out or where an order in any such proceeding is refused, the court may order that a defendant or respondent shall recover costs from the complainant, plaintiff, applicant or appellant. (3) The court when making an order for adjournment may order that one party shall recover from another the costs of the adjournment. Misbehaviour in court. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 165 165.(1) A party to any proceedings before a magistrates' court may be represented by counsel or solicitor; and an absent party so represented shall, except where any provision in any enactment (including this Act) or any condition of a recognizance expressly requires his presence, be deemed not to be so absent. (2) Where a magistrates' court is satisfied that a party to proceedings is unable through illness or other reasonable cause to appear, the court may grant special leave to the father, son, mother, daughter, husband, wife, brother or sister of such party to appear and be heard. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 166 Adjournment. 166. Where in proceedings before a magistrates' court the complainant is a member of the Royal Ulster Constabulary, the court may allow an officer or a head constable of the Royal Ulster Constabulary to conduct proceedings on behalf of the complainant. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 167 Recovery and remission of fees. 167. The provisions of Schedule 5 shall apply where a corporation is charged with an indictable offence before a magistrates' court. Costs. [ MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 168 168.(1) Any expenses incurred by the Lord Chancellor in performing his functions under this Act or any increase in the expenses of the Lord Chancellor in defraying any sums authorised by this Act to be paid, or which are attributable to the performance of any function conferred by this Act, shall be defrayed out of moneys provided by the Parliament of the United Kingdom. (2) There shall be charged on and paid out of the Consolidated Fund of the United Kingdom the salaries payable to resident magistrates under this Act or the Resident Magistrates (Belfast) Act 1911. (3) Any expenses incurred by or in connection with the Rules Committee shall be defrayed as part of the expenses incurred by the Lord Chancellor in performing his functions under this Act.] MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 169 Conduct of proceedings by police officer. 169.(1) In this Act the following expressions have the meaning hereby assigned to them "accused" includes an accused person who has been convicted of an offence; "children or young persons" has the same meaning as in [Part IV of the Children and Young Persons Act (Northern Ireland) 1968;] "clerk of petty sessions" has the meaning assigned to it by section 30; "complaint" includes information; "complainant" includes informant; ["county court division" means a division specified under [Article 3 of the County Courts (Northern Ireland) Order 1980]]; "court of summary jurisdiction" has the meaning assigned to it by section 1(1); "debt proceedings" has the meaning assigned to it by section 71(5); "decree" includes a dismiss, a decree on a counterclaim and an order under [Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981]; "domestic proceedings" has the meaning assigned to it by section 98; "ejectment proceedings" has the meaning assigned to it by section 76(5); "impose imprisonment" means pass a sentence of imprisonment or fix a term of imprisonment for failure to pay any sum of money or for want of distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone; "magistrates' court" has the meaning assigned to it by section 1(2); "magistrates' courts rules" has the meaning assigned to it by section 23(4); Definitions rep. by 1978 c.23 s.122(2) sch.7 Pt.II "order" includes a decree or refusal to make an order; "prescribed" means prescribed by magistrates' courts rules; "Rules Committee" has the meaning assigned to it by section 23(2); "summary offence" means an offence which is punishable upon summary conviction, whether or not it is also triable upon indictment, except an offence which may be dealt with summarily in accordance with sections 52 and 53 of this Act or section 5 of the Newspaper Libel and Registration Act 1881 or, in the case of a child or young person, under [section 79 of the Children and Young Persons Act (Northern Ireland) 1968] with the consent of the accused; "summary proceeding" means any proceeding before a magistrates' court other than a preliminary investigation or, except where an indictable offence is being tried summarily, connected with such an investigation. (2) Any reference in this Act to a sum adjudged to be paid by a conviction or order of a magistrates' court shall be construed as including a reference to any costs, damages or compensation adjudged to be paid by a conviction or order of which the amount is ascertained by the conviction or order. Subs.(3) rep. by 1978 c.23 s.122(2) sch.7 Pt.II MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 170 1980 NI 3 170.(1) Where any enactment provides that proceedings may be taken, offences may be prosecuted or sums recovered in a summary manner or summarily without further provision such proceedings may be taken, offences may be prosecuted or sums recovered in accordance with this Act and magistrates' courts rules. (2) In any enactment relating to proceedings before a magistrates' court any reference to a penal sum shall be construed as including a reference to a sum adjudged to be paid by a conviction of such court. MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 171 1981 NI 6 171.Subs.(1), with Schedule 6, effects amendments (2) Nothing in this section or in Schedule 6 shall prejudice the operation of section 29 of the Interpretation Act (Northern Ireland) 1954 (with relation to the effect of substituting provisions). S.172 rep. by SLR 1973 MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 173 1968 c.34 173.(1) This Act may be cited as the Magistrates Courts Act (Northern Ireland) 1964 and shall be included among the Acts which may be cited to gether as the Summary Jurisdiction Acts (Northern Ireland). Subs.(2) rep. by 1978 c.23 s.122(2) sch.7 Pt.II Schedule rep. by 1975 NI 7 art.13 sch.2; SI 1973/2163 art.14(2) sch.6; 1978 c.23 s.122(2) sch.7 Pt.II 1. The Justices of the Peace Act 1361 in so far as it authorises the taking of security for good behaviour or keeping the peace. 2. Any enactment authorising a justice of the peace to sign summonses, warrants, certificates or other documents or make or sign declarations, administer oaths or take affidavits, declarations, affirmations, informations, bonds or recognizances. 3. Section 5(1) of the General Dealers (Ireland) Act 1903. Para.4 rep. by 1966 c.17 (NI) s.211 sch.8 5. Section 2 and section 6(2A) of the Game Preservation Act (Northern Ireland) 1928. 6. Section 15(3)(b) of the Wild Birds Protection Act (Northern Ireland) 1931. 1. Offences under section 4(a), (b), (e), (f), (j) or (k) of the Vagrancy Act 1824. 2. Offences under section 3 of the Vagrancy (Ireland) Act 1847. 3. Offences under the following provisions of the Summary Jurisdiction (Ireland) Act 1851: Para.(a) rep. by 1980 NI 11 art.64(2) sch.9 (b)paragraphs 1 and 4 of section 12; (c)..., paragraph 4 so far as it relates to any person riding a horse or other animal or driving any sort of carriage drawn by a horse or other animal, and paragraph 5 of section 13. 4. Offences under section 20 of the Dogs Regulation (Ireland) Act 1865. 5. Offences under [Article 10(1) and (2) of the Criminal Justice (Northern Ireland) Order 1980.] 6. Offences under section 9 of the Summary Jurisdiction (Ireland) Act 1908. 7. Offences under [section 24] of the Children and Young Persons Act (Northern Ireland) [1968]. 1. Offences under sections 20, 27 or 47 of the Offences Against the Person Act 1861. 2. Offences of indecent assault under section 52 or 62 of the Offences Against the Person Act 1861. 3. An offence under section 60 of the Offences Agains the Person Act 1861 of concealing the birth of a child but only where it is not alleged that the child died other than from natural causes. Para.4 rep. by 1969 c.29 (NI) s.6(2); para.5 rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.II 6. Offences under section 20 of the Telegraph Act 1868. 7. Offences under [Part II] of the Debtors Act (Ireland) 1872. Para.8 rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.II 9. Offences under section 13 of the Stamp Duties Management Act 1891. 10. Offences under any of the following provisions of the Forgery Act 1913 where the value of the property or the amount of money involved does not in the opinion of the court, exceed [#1,000]: (a)section 2(2)(a) in relation to any document being an authority or request for the payment of money or for the delivery or transfer of goods and chattels; (b)section 6 in relation to the uttering of any forged document; (c)section 7(a). [11. Any indictable offence under the Theft Act (Northern Ireland) 1969 except (a)robbery, aggravated burglary, blackmail and assault with intent to rob; (b)burglary comprising the commission of, or an intention to commit, an offence which is not included in this Schedule; (c)burglary in a dwelling, if entry to the dwelling or the part of it in which the burglary was committed, or to any building or part of a building containing the dwelling, was obtained by force or deception or by the use of any tool, key or appliance, or if any person in the dwelling was subjected to violence or the threat of violence; and (d)handling stolen goods the subject of an offence committed outside the United Kingdom and outside the Republic of Ireland.] [11A. Offences under Part IV of the Bankruptcy Amendment Act (Northern Ireland) 1929.] 12. Misdemeanours under the Coinage Offences Act 1936. 13. Offences under [Article 10 of the Perjury (Northern Ireland) Order 1979]. [14. Offences under sections 53 and 55 to 58 of the Post Office Act 1953.] Para.15 rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.II 16. Any offence which by virtue of section 105 of the Electoral Law Act (Northern Ireland) 1962 may be tried summarily. [17. Publishing, exhibiting or selling, any indecent or obscene book, writing, picture, or model, or any other indecent or obscene article or thing whatever, whether similar to the things mentioned or not. 18. Any person alleged to be guilty of an offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967 by reason of his having done any act with intent to impede the apprehension or prosecution of a person who has committed an offence which may be dealt with summarily (either under the provisions of this Act or otherwise). 19. Any person alleged to be guilty of an offence under section 5(1) of the Criminal Law Act (Northern Ireland) 1967 by reason of his not disclosing any information connected with an offence which may be dealt with summarily (either under the provisions of this Act or otherwise). 20. Any indictable offence which may be tried by a magistrates' court by virtue of section 9 of the Criminal Law Act (Northern Ireland) 1967.] 1. Subject to the following provisions of this Schedule, the periods set out in the second column of the following Table shall be the maximum periods of imprisonment which may be imposed in default of payment of a sum adjudged to be paid by a conviction due at the time imprisonment is imposed: 2. Where the amount of the sum due at the time imprisonment is imposed is such part of the sum adjudged to be paid by the conviction of the court as remains due after part payment, the maximum period applicable to the amount shall, subject to paragraph 3, be the period applicable to the whole sum reduced by such number of days as bears to the total number of days therein the same proportion as the part paid bears to the whole sum. 3. In calculating the reduction required under paragraph 2 any fraction of a day shall be left out of account. 1. Where a corporation is charged, whether alone or jointly with some other person, with an indictable offence, a magistrates' court may, on the preliminary investigation of such offence and if it is satisfied that the evidence offered on the part of the prosecution is sufficient to put the accused corporation on trial, make an order empowering the prosecutor to present to [the Crown Court], an indictment in respect of the offence named in the order or in respect of any offence founded on the same facts or evidence, and for the purpose of any enactments referring to the committal of persons for trial (including this Act) any such order shall be deemed to be a committal for trial. 2. If the corporation appears before a magistrates' court by a representative, any answers to the prescribed questions to be put, may be made on behalf of the corporation by that representative, but if the corporation does not so appear it shall not be necessary to put the questions, and the court may, notwithstanding, make an order under paragraph 1. 3. Subject to paragraph 4, where the preliminary investigation of the offence is conducted before a resident magistrate and the offence is an offence which in the case of an adult may with his consent be dealt with summarily, then, if the corporation does not appear before the resident magistrate by a representative or, if he does so appear and consents by such representative that the offence should be so dealt with, the resident magistrate may deal with the offence summarily as if the corporation were an adult who had consented to summary trail. 4. Where any person is charged jointly with a corporation with an indictable offence which may be dealt with summarily and either that person or the corporation by its representative does not consent that the offence should be dealt with summarily, the resident magistrate shall not have power to deal summarily with the offence in the case of the other party charged. 5. In this Schedule the expression "representative" in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this Schedule authorised to do, but a person so appointed shall not, by virtue only of being so appointed, be qualified to act on behalf of the corporation for any purpose other than those referred to in this Schedule or section 18(3) of the Criminal Justice Act (Northern Ireland) 1945. 6. A representative for the purposes of this Schedule need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section shall be admissible without further proof as prima facie evidence that that person has been so appointed. 7. For the purposes of this Schedule the expression "adult" has the same meaning as in section 52(3). Schedule 6Amendments. Schedule 7 rep. by SLR 1973 1962 c.14 1967 c.18 Section 102. Section 167. 1945 c.15

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	Statutes of Northern Ireland
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Statutes of Northern Ireland