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STATUTORY RULES OF NORTHERN IRELAND

2005 No. 162

MAGISTRATES' COURTS

The Magistrates' Courts (Amendment) Rules (Northern Ireland) 2005

  Made 22nd March 2005 
  Coming into operation 18th April 2005 

The Lord Chancellor in exercise of the powers conferred upon him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981[1], Articles 16 and 35 of the Criminal Justice (Evidence) (Northern Ireland) Order 2004[2], 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) Rules (Northern Ireland) 2005 and shall come into operation on 18th April 2005.

    (2) In these Rules, a reference to a Rule, Schedule or a Form by a number means the Rule, Schedule or Form so numbered in the Magistrates' Courts Rules (Northern Ireland) 1984[3].

Amendment to the principal Rules
     2.  - (1) Rule 2(3) shall be amended by inserting after the definition of "the 1999 Act", the following definition:

    (2) After Rule 149AQ there shall be inserted the following new Rules -

    (3) Schedule 1 shall be amended by inserting after Form 88, the new Forms 88A to 88F in the Schedule to these Rules.



Signed by authority of the Lord Chancellor


Baroness Ashton of Upholland
Parliamentary Under-Secretary of State, Department for Constitutional Affairs

Dated 22nd March 2005



SCHEDULE
Rule 2(3)


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




FORM 88A

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981



(Rules 149AR(1))

CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004

(Article 5)

Application for leave to adduce evidence of non-defendant's bad character

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

Details required Notes
Details of applicant     
Name:     
Address:     
Case details     
Court venue: The venue of the court hearing the case.
Date of next court appearance:     
Charges: Give brief details (including date and location of offence) of those charges to which this application applies.
Name of the PSNI Central Process Office:     
Central Process Office or District Command Unit reference number:     
DPP reference number:     
Details of the application     
Please provide the following details:     
  • the particulars of the bad character evidence including how it is to be adduced or elicited in the proceedings (including the names of the relevant non-defendant and other relevant witnesses); and
    		•  Article 5 of the 2004 Order.
  • the grounds for the admission of evidence of a non-defendant's bad character under Article 5 of the 2004 Order.
    		•  Please attach any relevant documentation.
    Extension of time for service     
    Please indicate whether you are applying for an extension of time for service.     
    If the answer is yes, please state your reasons:     

    Dated this      day of      20    .

    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:

    This form should be served on the clerk of petty sessions and on every other party to the proceedings -

    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, and, where known, with the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996.

    Note to party who receives a copy of this application:

    If you wish to oppose this application you are required within 14 days of the date the notice of the application was served on you, to notify the clerk of petty sessions and every other party to the proceedings, in Form 88B, of your opposition.



    FORM 88B

    MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981



    (Rule 149AR(3))

    CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004

    (Article 5)

    Notice of opposition to the admission of evidence of a non-defendant's bad character

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

    Details required Notes
    Details of party giving notice

    Name:

    Address:

    		 State the name and address of the party giving notice of their opposition to the admission of evidence of a non-defendant's bad character. (If in custody give address where detained)
    Case details     
    Court venue: The venue of the court hearing the case.
    Date of next court appearance:     
    Charges: Give brief details (including date and location of offence) of those charges to which this application applies.
    Name of the PSNI Central Process Office     
    Central Process Office or District Command Unit reference number:     
    DPP reference number:     
    Details of the notice     
    The details of the evidence of the non-defendant's bad character are as follows: Give brief details of the evidence that you want to oppose the admission of. Specify whether you oppose the admission of all or part of that evidence.
    Grounds for opposing the admission of the non-defendant's bad character Set out the grounds for opposing the admission of the evidence of the non-defendant's bad character.
         Any relevant skeleton argument or case law that might bear on the issue may be attached to this notice.
    Extension of time     
    Are you applying for an extension of time within which to give this notice?     
    If the answer is yes, please state your reasons:     

    Dated this      day of      20    .

    (Signed)

    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:

    This form should be served on the clerk of petty sessions and on every other party to the proceedings within 14 days of the date on which the notice of intention to adduce evidence of a non-defendant's bad character was served.



    FORM 88C

    MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981



    (Rules 149AR(4) and (6))

    CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004

    (Article 6)

    Notice of intention to adduce evidence of defendant's bad character

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

    Details required Notes
    Details of party giving notice     
    Name:     
    Address:     
    Case details     
    Court venue: The venue of the court hearing the case.
    Date of next court appearance:     
    Charges: Give brief details (including date and location of offence) of those charges to which this application applies.
    Name of the PSNI Central Process Office:     
    Central Process Office or District Command Unit reference number:     
    DPP reference number:     
    Details of the notice     
    To the named defendant:     
    You are hereby given notice that bad character evidence, particulars of which are detailed below, is to be adduced or elicited in these proceedings.     
    The particulars of that bad character evidence are as follows: In this section include:

      (a) a description of the bad character evidence and how it is to be adduced or elicited in the proceedings (including the names of any relevant witnesses);

      (b) the grounds for the admission of evidence of the defendant's bad character under Article 6 of the 2004 Order;

      (c) why the admission of that evidence is in the interests of justice, where Article 13 of the Order applies (evidence of conviction when under 14 used in proceedings for offence committed as an adult).

    Please attach any relevant documentation.
    Extension of time for service     
    Please indicate whether you are applying for an extension of time for service.     
    If the answer is yes, please state your reasons:     

    Dated this      day of      20    .

    Applicant

    NOTE:

    This form should be served on the clerk of petty sessions and every other party to the proceedings.

    Where the notice is given by the prosecutor, it shall be served at the same time as the prosecutor complies or purports to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by the prosecutor).

    Where the notice is given by a co-defendant, it shall be served within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996.

    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, and, where known, with the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996.

    Note to defendant:

    An application by a defendant to exclude bad character evidence shall be in Form 88D and shall be served on the clerk of petty sessions and on every other party to the proceedings within 7 days of the date the notice of intention to adduce the evidence of bad character was served on him.



    FORM 88D

    MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981



    (Rule 149AR(8))

    CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004

    (Article 6)

    Application to exclude evidence of defendant's bad character

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

    Details required Notes
    Details of the defendant     
    Name:     
    Address:     
    Date of birth:     
    If you are in custody, please give your prison number and the address of the establishment in which you are detained:     
    Case details     
    Court venue: The venue of the court hearing the case.
    Date of next court appearance:     
    Charges: Give brief details (including date and location of offence) of those charges to which this application applies.
    Name of the PSNI Central Process Office:     
    Central Process Office or District Command Unit reference number:     
    DPP reference number:     
    Date that you were served with the notice of intention to adduce bad character evidence in these proceedings:     
    Details of the application     
    Include the following information:     
    (a) why the admission of bad character evidence would have such an adverse effect on the fairness of the proceedings that the Court should not admit it.

    		Note that an application to exclude this evidence under Article 6(3) of the 2004 Order can only be made if you have been notified of a party's intention to adduce this evidence under Article 6(1)(d) (it is relevant to an important matter in issue between the defendant and the prosecution) or Article 6(1)(g) (that the defendant has made an attack on another person's character).
    (b) details as to the length of time between the matters to which the bad character evidence relates and the matters which form the subject of the offence charged.

    		 Article 6(4) of the 2004 Order.
    (c) if you are applying for the exclusion of this evidence on grounds other than Article 6(3) of the 2004 Order, please set out such objections.

    		     
    Extension of time for service     
    Please indicate whether you are applying for an extension of time for service.     
    If the answer is yes, please state your reasons:     

    Dated this      day of      20    .

    Defendant

    [Solicitor for Defendant]

    NOTE:

    This form should be served on the clerk of petty sessions and on every other party to the proceedings within 7 days of the date on which the notice of intention to adduce evidence of the defendant's bad character was served on the defendant.

    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.



    FORM 88E

    MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981



    (Rule 149AS(2) and (4))

    CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004

    (Article 18)

    Notice of intention to adduce hearsay evidence

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

    Details required Notes
    Details of party giving notice

    Name:

    Address:

    		 State the name and address of the party giving notice of hearsay evidence.

    (If in custody give address where detained)
    Case details     
    Court venue: The venue of the court hearing the case.
    Date of next court appearance:     
    Charges: Give brief details (including date and location of offence) of those charges to which this application applies.
    Name of the PSNI Central Process Office:     
    Central Process Office or District Command Unit reference number:     
    DPP reference number:     
    Details of the notice     
    To the named recipient of this notice:

    I hereby give you notice of my intention to adduce hearsay evidence, details of which are set out below, in these proceedings.

    		     
    Grounds for admission of hearsay evidence Tick as appropriate.
    On which of the following grounds do you intend to adduce hearsay evidence?     
    (a) Any statutory provision makes it admissible;      opensquare

    		     
    (b) Any rule of law preserved by Article 22, Criminal Justice (Evidence) (Northern Ireland) Order 2004;      opensquare

    		 Specify which provision of the 2004 Order or other statute, or which rule of law preserved by Article 22 you rely on to adduce the evidence.
    (c) All parties to the proceedings agree to it being admissible; or      opensquare

    		     
    (d) It is in the interests of justice for it to be admissible.      opensquare

    		 Where box (d) is ticked, you must specify which of the factors set out in Article 18(2) of the 2004 Order you rely upon and explain how they are relevant.
    Further details of grounds:     
    Details of hearsay evidence     
    The details of the hearsay evidence are as follows: Give brief details of the evidence that you want to adduce as hearsay evidence.
         A complete copy of that evidence must be attached to this notice. Any relevant skeleton argument or case law that might bear on the issue may be attached to this notice.
    Extension of time     
    Are you applying for an extension of time within which to give this notice?     
    If the answer is yes, please state your reasons:     

    Dated this      day of      20    .

    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:

    Where the notice is given by the prosecutor, it shall be served at the same time as the prosecutor complies or purports to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by the prosecutor).

    Where the notice is given by a defendant, it shall be served within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996.

    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, and, where known, with the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996.

    Note to party who receives a copy of this application:

    If you wish to oppose this application you are required within 14 days of the date the notice of the application was served on you, to serve notice in Form 88F on the clerk of petty sessions and every other party to the proceedings of your opposition, giving reasons for it.



    FORM 88F

    MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981



    (Rule 149AS(6))

    CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004

    (Article 18)

    Notice of opposition to the admission of hearsay evidence

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

    Details required Notes
    Details of party giving notice

    Name:

    Address:

    		 State the name and address of the party giving notice of their opposition to the admission of hearsay evidence.

    (If in custody give address where detained)
    Case details     
    Court venue: The venue of the court hearing the case.
    Date of next court appearance:     
    Charges: Give brief details (including date and location of offence) of those charges to which this application applies.
    Name of the PSNI Central Process Office:     
    Central Process Office or District Command Unit reference number:     
    DPP reference number:     
    Details of the notice     
    The details of the hearsay evidence are as follows: Give brief details of the evidence that you want to exclude from the proceedings. Specify whether you object to all or part of that evidence.
    Grounds for excluding hearsay evidence Set out the grounds for excluding the hearsay evidence that you object to.
         Any relevant skeleton argument or case law that might bear on the issue may be attached to this notice.
    Extension of time     
    Are you applying for an extension of time within which to give this notice?     
    If the answer is yes, please state your reasons:     

    Dated this      day of      20    .

    (Signed)

    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:

    This form should be served on the clerk of petty sessions and every other party to the proceedings within 14 days of the date on which the notice of intention to adduce hearsay evidence was served.


    EXPLANATORY NOTE

    (This note is not part of the Rules.)


    These Rules amend the Magistrates' Courts Rules (Northern Ireland) Rules 1984 ("the principal Rules") to prescribe the procedure relating to -

    Rule 2(2) inserts a new Rule 149AR, which prescribes the procedure to be followed on an application to:

    New Rule 149AR(9) provides that the defendant may waive service of any application or notice. The court may also allow a notice or application to be given in a different form or orally, and may abridge or extend any of the time limits (new Rule 149AR(10)).

    Rule 2(2) also inserts a new Rule 149AS, which prescribes the procedure to be followed on an application to:

    New Rule 149AS(7) provides that a party may waive service of any application or notice.

    New Rule 149AS(8) provides that the court may dispense with the requirement to give notice, may allow a notice or application to be given in a different form or orally and may abridge or extend any of the time limits for service of a notice under new Rule 149AS.

    Rule 2(3) amends Schedule 1 to the principal Rules by inserting new Forms 88A to 88F for use in connection with applications prescribed by these Rules.

    Notes:

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

    [2] S.I. 2004/1501 (N.I. 10)back

    [3] S.R. 1984 No. 225; to which the most recent relevant amendments were made by S.R. 2004 No. 299 and S.R. 2004 No. 433back

    [4] 1996 c. 25; section 3 was amended by section 82(1) of and paragraph 7(1) of Schedule 4 to the Regulation of Investigatory Powers Act 2000 (c. 23) and is prospectively amended by section 32 of, and paragraphs 20 and 21 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44)back


    ISBN 0 337 95967 6


     © Crown copyright 2005

    Prepared 27 April 2005

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