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Statutory Rules of Northern Ireland
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2003 No. 32

MAGISTRATES' COURTS

Magistrates' Courts (Sex Offender Orders) (Amendment) Rules (Northern Ireland) 2003

  Made 18th January 2003 
  Coming into operation 10th February 2003 

The Lord Chancellor, in exercise of the powers conferred on 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 (Sex Offender Orders) (Amendment) Rules (Northern Ireland) 2003 and shall come into operation on 10th February 2003.

    (2) In these Rules, "the principal Rules" means the Magistrates' Courts (Sex Offender Orders) Rules (Northern Ireland) 1999[2].

Amendment of the principal Rules
     2.  - (1) After Rule 3 of the principal Rules, there shall be inserted the following new Rule:

    (2) In Rule 4 of the principal Rules, there shall be inserted after the words "a sex offender order", in each of the four places in which they appear, the words "or interim sex offender order".

    (3) For the Schedule to the principal Rules, there shall be substituted the Schedule to these Rules.


Irvine of Lairg,
C.

Dated 18th January 2003.



SCHEDULE
Rule 2(3)



Form 1

Criminal Justice (Northern Ireland) Order 1998

Magistrates' Courts (Sex Offenders Orders) Rules (Northern Ireland) 1999

(Articles 6(2) and 6A(2), Rules 3 and 3A)

Summons on foot of complaint for [sex offender order] [and] [Interim Sex Offender Order]*



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

WHEREAS a complaint has been made before me on     (date) at     (place) in respect of an application for [a sex offender order] [and] [an interim sex offender order] against you, the said defendant, to the effect that-

You are a sex offender by virtue of the following, namely-

Offence:

Date of Conviction/finding/caution/punishment

Court [Police Station]*

AND that:

You have acted, since the relevant date, in such a way as to give reasonable cause to believe that [a sex offender order under Article 6] [and] [an interim sex offender order under Article 6A]* of the Criminal Justice (Northern Ireland) Order 1998 is necessary to protect the public in the United Kingdom or any particular members of that public from serious harm from you (give particulars of the date(s), place(s) and nature of the behaviour in respect of which the complaint is made).

THIS IS TO COMMAND YOU to appear as a defendant at the hearing of the said complaint at     (place) on     (date) at     (time) before a court of summary jurisdiction for the said petty sessions district.

This      day of      20    .

Signed

Justice of the Peace

[Clerk of Petty Sessions]

To:

[the defendant]

* Delete as appropriate

Note:
Where the court is satisfied that this summons was served on you within what appears to be a reasonable time before the hearing or adjourned hearing it may proceed in your absence to determine the application for a sex offender order.

Where an application for a sex offender order ("the main application") to a court of summary jurisdiction has not been determined, the applicant may apply to the court for an interim sex offender order, pending the determination of the main application.

If a sex offender order or interim sex offender order is made against you, you will be subject to the notification requirements of Part I of the Sex Offenders Act 1997, which oblige you to notify the police of:

    
  • your name, home address and date of birth (within 3 days)

        
  • any changes to your name or home address (within 14 days of the change)

        
  • any address you stay at or plan to stay at in addition to your home address for a period of longer than 14 days within a twelve month period (within 14 days)

        
  • any plans you have to travel abroad for a period of eight days or longer (not less that 48 hours in advance).

    If, without a reasonable excuse, you do anything you are prohibited from doing by such an order, or fail to comply with the notification requirements of the Sex Offenders Act 1997 you will have committed an offence and will be liable-



    Form 2

    Criminal Justice (Northern Ireland) Order 1998

    Magistrates' Courts (Sex Offender Orders) Rules (Northern Ireland) 1999

    (Article 6, Rule 3)

    Sex Offender Order



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

    It is adjudged that the defendant, being a sex offender, acted in a manner which gave reasonable cause to believe that this order is necessary to protect the public in the United Kingdom or any particular members of that public from serious harm from [him][her].

    And it is ordered that the defendant is prohibited from-

    And it is ordered that the defendant is subject to the notification requirements under Part I of the Sex Offenders Act 1997 from the date of service of this order.

    Until (date not less than 5 years or until further order)

    And, by virtue of Article 6(5) of the Criminal Justice (Northern Ireland) Order 1998, while this order has effect, Part I of the Sex Offenders Act 1997 shall have effect as if-

    This      day of      20    .

    Signed

    Clerk of Petty Sessions

    Note:
    One of the requirements of a sex offender order is that you (the defendant) will be subject to the notification requirements of Part I of the Sex Offenders Act 1997. The requirements of that Act oblige you to report to a prescribed police station within 3 days of the service of this order and to notify the police of your name, home address and date of birth. You are further obliged to notify the police of:

        

  • any changes to your name or home address (within 14 days of the change)

        
  • any address you stay at or plan to stay at in addition to your home address for a period of longer than 14 days within a twelve month period (within 14 days)

        
  • any plans you have to travel abroad for a period of eight days or longer (not less that 48 hours in advance).

    Your local designated police station will be able to explain these conditions and requirements in more detail.

    The restrictions in this order apply throughout the United Kingdom (England and Wales, Scotland and Northern Ireland).

    If, without a reasonable excuse, you do anything you are prohibited from doing by such an order, or fail to comply with the notification requirements of the Sex Offenders Act 1997 you will have committed an offence and will be liable-



    Form 3

    Criminal Justice (Northern Ireland) Order 1998

    Magistrates' Courts (Sex Offender Orders) Rules (Northern Ireland) 1999

    (Article 6(6) and A(6), Rules 3 and 3A)

    Summons on foot of complaint to vary or discharge a[n] [interim]* sex offender order



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

    WHEREAS a[n] [interim]* sex offender order, a copy of which is attached to this summons, was made against the defendant mentioned in that order on the     day of     20     .

    And the complainant, who was the [complainant] [defendant] in those proceedings, now applies by complaint for the [variation] [discharge] of the [interim] sex offender order on the grounds that

    (State grounds)

    THIS IS TO COMMAND YOU the said defendant to appear at the hearing of the said complaint at (place) on     (date) , at     (time) , before a court of summary jurisdiction for the said petty sessions district.

    This      day of      20    .

    Signed

    Justice of the Peace

    [Clerk of Petty Sessions]

    To:

    * Delete as appropriate

    Note:
    Except with the consent of both the complainant and the defendant a sex offender order cannot be discharged before the end of the period of 5 years beginning with the date of service of the order.



    Form 4

    Criminal Justice (Northern Ireland) Order 1998

    Magistrates' Courts (Sex offenders Order) Rules (Northern Ireland) 1999

    (Article 6A, Rule 3A)

    Interim Sex Offender Order



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

    Whereas a complaint has been made that the defendant, being a sex offender, acted in a manner which gave reasonable cause to believe that a sex offender order is necessary to protect the public in the United Kingdom or any particular members of that public from serious harm from [him][her].

    And whereas the application for the sex offender order ("the main application") has not been determined and the applicant has applied to the court for an interim sex offender order, pending the determination of the main application.

    The court hereby makes the following order:

    It is ordered that the defendant is prohibited from-

    And it is ordered that the defendant is subject to the notification requirement under Part I of the Sex Offenders Act 1997 from the date of service of this order [for the period of     ] until further order]*.

    This interim sex offender order shall (if still in force) cease to have effect on the determination of the main application.

    And, by virtue of Article 6A(5) of the Criminal Justice (Northern Ireland) Order 1998, while this order has effect, Part I of the Sex Offenders Act 1997 shall have effect as if-

    This      day of      20    .

    Signed

    Clerk of Petty Sessions

    *Delete as appropriate

    Note:
    One of the requirements of an interim sex offender order is that you (the defendant) will be subject to the notification requirements of Part I of the Sex Offenders Act 1997. The requirements of that Act oblige you to report to a prescribed police station within 3 days of the service of this order and to notify the police of your name, home address and date of birth. You are further obliged to notify the police of:

        

  • any changes to your name or home address (within 14 days of the change)

        
  • any address you stay at or plan to stay at in addition to your home address for a period of longer than 14 days within a twelve month period (within 14 days)

        
  • any plans you have to travel abroad for a period of eight days or longer (not less that 48 hours in advance).

    Your local designated police station will be able to explain these conditions and requirements in more detail.

    The restrictions in this order apply throughout the United Kingdom (England and Wales, Scotland and Northern Ireland).

    If, without a reasonable excuse, you do anything you are prohibited from doing by such an order, or fail to comply with the notification requirements of the Sex Offenders Act 1997 you will have committed an offence and will be liable-


    EXPLANATORY NOTE

    (This note is not part of the Rules.)


    These Rules amend the Magistrates' Courts (Sex Offender Orders) Rules (Northern Ireland) 1999 to prescribe the procedure on an application for an interim sex offender order, and for the variation and discharge of such an order.

    Notes:

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

    [2] S.R. 1999 No. 224back


    ISBN 0 33794792 9


      © Crown copyright 2003

    Prepared 3 February 2003

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    URL: http://www.bailii.org/nie/legis/num_reg/2003/20030032.html