BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Magistrates' Courts (Amendment No. 2) Rules (Northern Ireland) 2004 No. 299
URL: http://www.bailii.org/nie/legis/num_reg/2004/20040299.html

[New search] [Help]


2004 No. 299

MAGISTRATES' COURTS

The Magistrates' Courts (Amendment No. 2) Rules (Northern Ireland) 2004

  Made 6th July 2004 
  Coming into operation in accordance with Rule 1

The Lord Chancellor, in exercise of the powers conferred upon him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981[1], and all other powers enabling him in that behalf, on the advice of the Magistrates' Courts Rules Committee and after consultation with the Lord Chief Justice, hereby makes the following Rules:

Citation, commencement and interpretation
     1.  - (1) These Rules may be cited as the Magistrates' Courts (Amendment No. 2) Rules (Northern Ireland) 2004 and subject to paragraphs (2) to (4) shall come into operation on 26th July 2004.

    (2) Paragraphs (1), (2) and (5)(a) of Rule 2 below shall come into operation on the same day as section 46 of the Youth Justice and Criminal Evidence Act 1999[2] comes into force.

    (3) Paragraphs (3) and (5)(b) of Rule 2 below shall come into operation on the same day as Article 9 of the Criminal Justice (Northern Ireland) Order 2003[3] comes into operation.

    (4) Paragraphs (4) and (5)(c) of Rule 2 below shall come into operation on the same day as Article 10 of the Criminal Justice (Northern Ireland) Order 2003 comes into operation.

    (5) In these Rules, a reference to a Rule, a Schedule or a Form by number means the Rule, Schedule or Form so numbered in the Magistrates' Courts Rules (Northern Ireland) 1984[4].

Amendment to the principal Rules
     2.  - (1) After Rule 2(3)(c) there shall be added:

    (2) After Rule 149AM, there shall be inserted the following new Rules:

    (3) After Rule 153, there shall be inserted the following new Rule:

    (4) After Rule 153A, there shall be inserted the following new Rule:

    (5) Schedule 1 shall be amended as follows:



Signed by authority of the Lord Chancellor


Lord Filkin
Parliamentary Under-Secretary of State, Department for Constitutional Affairs

Dated 6th July 2004



SCHEDULE
Rule 2(5)


FORMS TO BE INSERTED IN THE MAGISTRATES' COURTS RULES (NORTHERN IRELAND) 1984




FORM 15M

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981



(Rule 149AN)

YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999

(Section 46)

Application for a reporting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999

Details required Notes
Details of applicant
Name of applicant:

Name of applicant's solicitor:

Address of solicitor:

Reference:

     
Details of witness
Name of witness:

Date of birth of witness:

     
Case details
Name of PSNI Central Process Office:

Central Process Office or District Command Unit reference number:

DPP reference number:

Defendant(s): Surname:

Forenames:

     
Court venue: The venue of the court hearing the case.
Date of next court appearance:     
Charges Give brief details of those charges to which this application relates
Details of application
State the grounds on which the applicant relies in support of the application for a reporting direction:

 The statement should make clear why, in the applicant's view, if the direction is not given -

    (a) the quality of evidence given by the witness, or

    (b) the level of co-operation given by the witness to any party to the proceedings in the preparation of that party's case,

is likely to be diminished by fear or distress if the witness is identified by members of the public.
Give a description of evidence submitted in support of this application: This requirement is optional.

Examples might be -

    Police report

Medical report
Set out the views of the witness for whom the direction is sought on this application:     
Public interest
State why a reporting direction -

    (a) is in the interests of justice; and

    (b) is in the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of proceedings

     

Dated this      day of      20    .

Applicant

[Solicitor for Applicant]

To the Clerk of Petty Sessions for the petty sessions district of

And to

(insert names and addresses of each of the other parties to the proceedings)

NOTE:
The notice served on the clerk of petty sessions shall be endorsed with the date upon which and the manner in which notice was served on each of the other parties to the proceedings.

NOTE to party who receives a copy of this notice:
If you wish to oppose this application you are required within 7 days to notify the applicant and the clerk of petty sessions in writing of your opposition stating the reasons for such.



FORM 15N

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981



(Rule 149AO)

YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999

(Section 46)

Application for an excepting direction under section 46(9) of the Youth Justice and Criminal Evidence Act 1999

Details required Notes
Details of applicant
Name of applicant:

Name of applicant's solicitor:

Address of solicitor:

Reference:

     
Details of witness
Name of witness:

Date of birth of witness:

     
Case details
Defendant(s): Surname:

Forenames:

     
Court venue: The venue of the court hearing the case.
Date of next court appearance:     
Charges Give brief details of those charges to which this application relates
Reference number of reporting direction:

    

Court which gave the reporting direction:

Date on which reporting direction given:

     
Is a copy of the reporting direction attached: The applicant should attach a copy of the reporting direction if available
Details of application
State the grounds on which the applicant relies and in particular state why a reporting direction is or would be a substantial and unreasonable restriction on the reporting of the proceedings:

State why it would be in the public interest to remove or relax reporting restrictions:

     

Dated this      day of      20    .

Applicant

[Solicitor for Applicant]

To the Clerk of Petty Sessions for the petty sessions district of

And to

(insert names and addresses of each of the other parties to the proceedings)

NOTE:
The notice served on the clerk of petty sessions shall be endorsed with the date upon which and the manner in which notice was served on each of the other parties to the proceedings.

NOTE to party who receives a copy of this notice:
If you wish to oppose this application you are required within 7 days to notify the applicant and the clerk of petty sessions in writing of your opposition stating the reasons for such.



FORM 15O

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981



(Rule 149AP)

YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999

(Section 46)

Application for [revocation of a reporting direction] [variation of an excepting direction] [revocation of an excepting direction] under section 46 of the Youth Justice and Criminal Evidence Act 1999

Details required Notes
Details of applicant
Name of applicant:

Name of applicant's solicitor:

Address of solicitor:

Reference:

     
Details of witness
Name of witness:

Date of birth of witness:

     
Case details
Defendant(s): Surname:

Forenames:

     
Court venue: The venue of the court hearing the case.
Date of next court appearance:     
Charges Give brief details of those charges to which this application relates
Reference number of [reporting] [excepting] direction:     
Court which gave the [reporting] [excepting] direction:     
Date on which [reporting] [excepting] direction given:     
Is a copy of the [reporting] [excepting] direction attached: The applicant should attach a copy of the [reporting] [excepting] direction if available
Details of application
The application is for:

    [the revocation of a reporting direction]*

[the variation of an excepting direction]*

[the revocation of an excepting direction]*

 * Delete as appropriate
The grounds on which the applicant relies are as follows -     

Dated this      day of      20    .

Applicant

[Solicitor for Applicant]

To the Clerk of Petty Sessions for the petty sessions district of

And to

(insert names and addresses of each of the other parties to the proceedings)

NOTE:
The notice served on the clerk of petty sessions shall be endorsed with the date upon which and the manner in which notice was served on each of the other parties to the proceedings.

NOTE to party who receives a copy of this notice:
If you wish to oppose this application you are required within 7 days to notify the applicant and the clerk of petty sessions in writing of your opposition stating the reasons for such.



FORM 15P

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981



(Rule 149AQ)

YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999

(Section 46)

Notice of decision on application for [reporting direction][excepting direction] [revocation of reporting direction] [variation or revocation of excepting direction] made in accordance with section 46 of the youth justice and criminal evidence act 1999

     Notes
Details of applicant
Name of applicant:

Name of applicant's solicitor:

Address of solicitor:

Reference:

     
Details of witness
Name of witness:

Date of birth of witness:

     
Case details
Defendant(s): Surname:

Forenames:

Court venue:

Charges:

     
Upon the hearing of an application on (date)      at (place)      the court made an order to the following effect, viz:-

Reporting Direction
If a reporting direction has been given by the court, give the following details -

Reference number of reporting direction:

Court which gave the reporting direction:

Date on which reporting direction given:

Give details of restrictions imposed by the direction:
Excepting Direction
If an excepting direction has been given by the court, give the following details -

Reference number of the excepting direction:

Court which gave the direction:

Date on which direction given:

Give details of the exception granted by the court:
Revocation of a reporting direction
If a reporting direction has been revoked, give the following details -

Reference number of the reporting direction:

Court which gave the reporting direction:

Date on which the reporting direction was given:

Date on which the reporting direction was revoked:
Variation or revocation of an excepting direction
If an excepting direction has been varied or revoked, give the following details -

Reference number of the excepting direction:

Court which gave the excepting direction:

Date on which the excepting direction was given:

Give details of how the excepting direction was varied or revoked:

Dated this      day of      20    .

Clerk of Petty Sessions



FORM 91A

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 132A, Rule 153A)

Application for bail following grant of conditional police bail

of      }     
          } Petty Sessions District of
     Applicant }     
of      }     
          } County Court Division of
     Respondent }     

TAKE NOTICE that I, the undersigned, intend to apply to a magistrates' court for the above-named petty sessions district for an order varying the conditions of bail granted to me under Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989 on the      (insert date bail was granted or varied) by the custody officer at      (insert name of police station).

The grounds upon which the application is made are as follows -

The offence(s) in connection with which I was released on bail [is] [are] as follows -

The reasons given by the custody officer for [imposing] [varying] the conditions of bail are [attached] [set out below] -

The name and address of any surety provided by me before my release on bail [is] [are] as follows -

This      day of      20    .

Applicant

[Solicitor for Applicant]

To the custody officer at

And to the Clerk of Petty Sessions for the above-named petty sessions district.

NOTE:
The notice served on the clerk of petty sessions shall be endorsed with the date upon which and the manner in which notice was served on the other party to the proceedings.

The time fixed for the hearing of this application shall be not later than 72 hours after it is received by the clerk of petty sessions (excluding weekends, Christmas Day, Good Friday and any bank holiday). You will be notified by the clerk of petty sessions of the date, time and place fixed for the hearing of the application.



FORM 91B

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 132A, Rule 153A)

Notice of decision on application for bail following grant of conditional police bail

of      }     
          } Petty Sessions District of
     Applicant }     
of      }     
          } County Court Division of
     Respondent }     

UPON THE HEARING of an application by      (name of applicant), on      (date application heard) under Article 132A of the Magistrates' Courts (Northern Ireland) Order 1981 for an order varying the conditions of bail granted to the applicant by a custody officer under Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989, the court made an order to the following effect, viz:-

[The court granted bail to the applicant and imposed the following conditions, namely -

    ].

[The court withheld bail].

Dated this      day of      20    .

Clerk of Petty Sessions

To the applicant (and to any surety specified in the application)



FORM 91C

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 133A, Rule 153B)

Application for reconsideration of a decision to grant bail

of      }     
          } Petty Sessions District of
     Complainant }     
of      }     
          } County Court Division of
     Defendant }     

TAKE NOTICE that I, the undersigned, intend to apply to a magistrates' court for the above-named petty sessions district for the reconsideration of a decision to grant bail to the defendant taken on the (insert date decision taken)      by [the court] [a custody officer at (insert name of police station)     ].

The grounds upon which the application is made are as follows -

(Note: No application for the reconsideration of bail may be made unless it is based on information which was not available to the court or the custody officer when the decision was taken).

The offence(s) in connection with which the defendant was released on bail [is] [are] as follows -

(Note: An application for the reconsideration of bail may only be made in relation to offences which are punishable on conviction on indictment (whether or not punishable only on conviction on indictment).

The decision to be reconsidered (including any conditions of bail which were imposed and the reasons they have been imposed) is as follows -

The name and address of any surety provided by the defendant before his release on bail [is] [are] as follows -

Dated this      day of      20    .

Applicant

To the Defendant

of

[And to any surety specified in the application]

And to the Clerk of Petty Sessions for the above-named petty sessions district.

NOTE:
The notice served on the clerk of petty sessions shall be endorsed with the date upon which and the manner in which notice was served on the other party to the proceedings.

The time fixed for the hearing of this application shall be not later than 72 hours after it is received by the clerk of petty sessions (excluding weekends, Christmas Day, Good Friday and any bank holiday). You will be notified by the clerk of petty sessions of the date, time and place fixed for the hearing of the application.

The court may, when it determines this application -

If the court withholds bail, it shall remand you in custody or, in your absence, order that you surrender yourself to the custody of the court. Failure to surrender to custody as ordered will render you liable to arrest without warrant.



FORM 91D

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 133A, Rule 153B)

Notice of decision on application for reconsideration of a decision to grant bail

of      }     
          } Petty Sessions District of
     Complainant }     
of      }     
          } County Court Division of
     Defendant }     

UPON THE HEARING of an application by      (name of applicant), on      (date application heard) under Article 133A of the Magistrates' Courts (Northern Ireland) Order 1981 for the reconsideration of a decision to grant bail to the defendant taken on the (insert date decision taken) by [the court] [a custody officer at (insert name of police station)    ], the court made an order to the following effect, viz:-

[The court [varied] [rescinded] [imposed further conditions] as set out below -

    ].

[The court imposed the following conditions in respect of bail which had been granted unconditionally, namely -

    ].

[The court withheld bail and [remanded the defendant in custody] [ordered that defendant surrender himself into the custody of the court forthwith]].

This      day of      20    .

Clerk of Petty Sessions

To the defendant (and to any surety specified in the application)



FORM 91E

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 133A, Rule 153B)

Order that a person surrender himself into the custody of the court following a decision under Article 133a of the Magistrates' Courts (Northern Ireland) Order 1981 to withhold bail

of      }     
          } Petty Sessions District of
     Complainant }     
of      }     
          } County Court Division of
     Defendant }     

UPON THE HEARING of an application by      (name of applicant), on (date application heard) under Article 133A of the Magistrates' Courts (Northern Ireland) Order 1981 for the reconsideration of a decision to grant bail to the defendant taken on the (insert date decision taken)      by [the court] [a custody officer at (insert name of police station)     ], the court ordered that bail be withheld.

THIS IS TO COMMAND YOU, the above-named defendant, to surrender yourself forthwith into the custody of the magistrates' court sitting at      (place).

If you fail to surrender to the custody of the court forthwith, you may be arrested without warrant by a constable.

Dated this      day of      20    .

Clerk of Petty Sessions

To the defendant


EXPLANATORY NOTE

(This note is not part of the Rules.)


These Rules amend the Magistrates' Courts Rules (Northern Ireland) 1984 ("the principal Rules") to make provision relating to applications under -

Rule 2(1) inserts a reference to the Youth Justice and Criminal Evidence Act 1999 into the interpretation provisions of the principal Rules.

Rule 2(2) inserts new Rules 149AN to 149AQ into the principal Rules.

New Rule 149AN prescribes the manner in which an application for a reporting direction shall be made. New Rule 149AO prescribes the manner in which an application for an excepting direction shall be made.

New Rule 149AP provides for an application to be made to revoke a reporting direction or to vary or revoke an excepting direction which has already been given.

New Rule 149AQ provides that the court may direct a hearing of an application where notice of opposition is given or where the court considers that it is appropriate to do so. It also provides that the clerk of petty sessions shall notify all the parties to the proceedings of the court's decision.

Rule 2(3) inserts new Rule 153A into the principal Rules which provides for an application under Article 132A of the 1981 Order for bail following the grant of conditional police bail.

Rule 2(4) inserts new Rule 153B into the principal Rules which provides for an application by a prosecutor under Article 133A of the 1981 Order for the reconsideration of a decision by a magistrates' court or a custody officer to grant bail.

Rule 2(5) amends Schedule 1 to the principal Rules by inserting new Forms 15M to 15P and 91A to 91E for use in connection with applications prescribed in these Rules.

Notes:

 [1] S.I. 1981/1675 (N.I. 26)back

[2] 1999 c. 23back

[3] S.I. 2003/1247 (N.I. 33)back

[4] S.R. 1984 No. 225; to which the most recent relevant amendment was made by S.R. 2004 No. 204 and S.R. 2003 No. 477back

[5] 1954 c. 33 (N.I.)back


ISBN 0 337 95619 7


  © Crown copyright 2004

Prepared 11 August 2004

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_reg/2004/20040299.html