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Statutory Rules of Northern Ireland


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2003 No. 477

MAGISTRATES' COURTS

The Magistrates' Courts (Amendment No. 2) Rules (Northern Ireland) 2003

  Made 12th November 2003 
  Coming into operation 1st December 2003 

The Lord Chancellor, in exercise of the powers conferred upon him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981[1] and Articles 8(6), 25(5), 26(6), 30(3) and 39(1) of the Criminal Evidence (Northern Ireland) Order 1999[2], 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) 2003 and shall come into operation on 1st December 2003.

    (2) 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[
3].

Amendment to the principal Rules
     2.  - (1) In Rule 11, for paragraph (1) there shall be substituted the following new paragraph -

    (2) For the heading to Rule 12A, there shall be substituted the following new heading -

    (3) In Rule 12A, for paragraph (1) there shall be substituted the following new paragraph -

    (4) For the heading to Rule 13, there shall be substituted the following new heading -

    (5) Rule 149A shall be revoked.

    (6) Rule 149AA shall be amended as follows -

    (7) Rule 149AC(3) shall be amended by substituting for the word "application", the word "question".

    (8) Rule 149AF shall be amended as follows -

    (9) After Rule 149AG(4)(c), there shall be inserted the following new sub-paragraph -

    (10) After Rule 149AH, there shall be inserted the following new Rules:

    (11) Schedule 1 shall be amended as follows:



Signed by the authority of the Lord Chancellor


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

Dated 12th November 2003



SCHEDULE
Rule 2(11)


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




FORM 15B

(Rule 149AA)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 7)

CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

form of application for a special measures direction under article 7 of the criminal evidence (northern ireland) order 1999

An application shall be made:

A copy of this form shall be given at the same time to the other party or parties to the case.



PART 1

to be completed by all applicants

Details required Notes
Case details     
Complainant:     
Petty Sessions District of:     
Defendant:     
County Court Division of:     
The name of the defendant to whom this application relates:     
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 PSNI Central Process Office:     
Central Process Office or District Command Unit reference number:     
DPP reference number:     
Details of witness     
Name of witness

Date of birth of witness

If an application has been made to tender in evidence a video recording of testimony from the witness, give the date and (if known) result of that application.

If the applicant is the prosecutor, give the name of the witness (otherwise leave blank).

An application by the defence for evidence to be given through a live link or by means of a video recording need not disclose who that witness is, except to the extent that the disclosure is required by section 5(7) of the Criminal Procedure and Investigations Act 1996 (alibi).
Details of application

Specify the special measures being sought.

    
State the grounds on which the witness relies in support of the application for a special measures direction. The statement should make clear whether the applicant seeks automatic eligibility or whether the applicant alleges that the quality of the evidence will be reduced unless a direction is given. In the latter case, the grounds on which the applicant alleges that the quality of the witness's evidence is likely to be diminished in terms of completeness, coherence and accuracy should be clearly stated.
Give a description of evidence submitted in support of this application. This requirement is optional.

Examples of evidence might be:

birth certificate;

medical report;

expert evidence;

police report.

Arrangements available

Give a description of the arrangements relevant to the measures applied for, which may be made available in the area in which it is likely the hearing will take place.

    
Reasons for application

Give the grounds for believing the special measures being sought in this application will increase the quality of the witness's evidence.

Give the views of the witness as to why the measures sought in this application are required.

    
Material change of circumstances     
Give a description of any material change of circumstances relied upon to support this application. This requirement applies only where -

    (a) a special measures direction is already in force and application is being made to discharge or vary the direction, or

    (b) a previous application for a special measures direction was refused and this application seeks to reverse that decision




PART 2

to be completed if the application is for evidence to be given through a live link

Details required Notes
Details of application     
Give -     
(a) the address of any venue from which the witness will give evidence if the court's own live link is not used:

(b) the name of the person who it is proposed will accompany the witness:

(c) the occupation of this person:

(d) the relationship (if any) of this person to the witness:

An application by the defence need not disclose the name of the person proposed to accompany the witness if disclosure could lead to the identification of the witness.
Grounds

State why it is believed that this person should accompany the witness:

    



PART 3

to be completed if the application is to tender in evidence a video recording under Article 15 of the Criminal Evidence (Northern Ireland) Order 1999

Details required Notes
Video recording(s)     
Statement as to circumstances in which video recording made: These details need to be completed only to the extent that the information is not contained in the video recording itself.
Date(s) of video recording(s):     
Time(s) of video recording(s): Give the times at which recording began and finished, including details of any interruptions.
Location and normal function of premises where video recording made: Give address of premises where recording made and state the usual function of those premises.
Statement as to whether, and if so at what point in the video recording, an oath was administered to, or a solemn declaration made by, the witness:     
Details of those present while recording made     
Give details of each person present at any point during the recording: Include name, age and occupation of anyone present; time for which present; relationship (if any) to witness and to the defendant.
In relation to each person present at any point during the recording, a statement confirming that the person when present is visible in the recording.     
Equipment used     
Give a description of the equipment used for the recording: The description shall include the following information -

number and type of cameras used (fixed or mobile); the number and location of microphones; the video format used; and whether it offered single or multiple recording facilities and if it did which were used.

Recordings of part only of an interview     
State whether the video recording contains part only of the interview with the witness: A copy of any video recordings of other parts of the interview with the witness which it is not proposed to tender in evidence shall also be provided to the court and the other parties. The details of each such recording shall be given as above. Use separate sheets where necessary.
Details of copy

State in respect of each video recording whether it is a copy, and give the following details in respect of each copy -

Name and address of person who has the mastertape:

When, and by whom, the copy was made:

    
Attendance and supply of copies

Is the witness willing and able to attend the trial for cross-examination?

    
Have copies of the video recording(s) to which this application relates been disclosed to the other parties?

Has a copy of this notice and the video recording(s) to which it relates been served on each party to the proceedings?

Where the application is by the defendant, the video recording(s) do not have to be served on the prosecution until the close of the prosecution case at the trial.
Has the agreement of the other parties to the video recording(s) being tendered as evidence been sought?     

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 (or such other period as may be specified by the court under Rule 149AB(4)) to notify the applicant and the clerk of petty sessions in writing of your opposition stating the reasons for such.



FORM 15D

(Rule 149A1)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 24)

CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

Application by Prosecutor for a Direction Under Article 24 of the Criminal Evidence (Northern Ireland) Order 1999 Prohibiting the Defendant from Cross-examining a particular witness



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

Take notice that I, the undersigned, intend to apply for a direction under Article 24 of the Criminal Evidence (Northern Ireland) Order 1999 prohibiting the defendant from cross-examining a particular witness, namely:     (specify name of witness).

State why the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the defendant in person:







State why the evidence would be improved if a direction were given under Article 24(2) of the 1999 Order:







State why it would not be contrary to the interests of justice to give such a direction:







The date fixed for commencement of proceedings to which the application relates is:      (specify date).

Dated this      day of      20    .

Signature of Prosecutor

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.



FORM 15E

(Rules 149AJ and 149AL)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 26)

CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

Notice to the Clerk of Petty Sessions of an appointment by the Defendant of a Legal Representative



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

TAKE NOTICE that I, the defendant, [have appointed],* [do not intend to appoint],* a legal representative to act on my behalf.

[Name and address of legal representative:     

    ]*

Dated this      day of      20    .

Signature of Defendant

[Signature of legal representative]

Note:

Where a legal representative has been appointed by the defendant, a copy of this form shall, on receipt by the clerk of petty sessions, be sent by him to each other party to the proceedings.

* Delete as appropriate



FORM 15F

(Rule 149AJ)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 26)

CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

NOTICE BY CLERK OF PETTY SESSIONS OF A DECISION OF THE COURT [ON APPLICATION BY THE DEFENDANT]* FOR AN EXTENSION OF TIME TO APPOINT A LEGAL REPRESENTATIVE



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

On      day of      20    , the court explained to the defendant that he is prevented from cross-examining a witness in person and invited him to arrange for a legal representative to act for him for the purpose of cross-examining the witness.

AND WHEREAS the court has not received notice from the defendant that he has arranged for such representation, the court has [of its own motion]* [on the application of the defendant]* made an order to the following effect, viz:

[Application for an extension of time will be heard before the magistrates' court sitting at      (place) on     (date) at     (time). You, the defendant, are requested to attend]*.

[Extension of time is granted for a period of      days from the date of this order]*

[Extension of time is refused on the following grounds (state reasons)]*

This      day of      20    .

Clerk of Petty Sessions

Note:

A copy of this notice will be sent to every other party to the proceedings [who may also attend the hearing]*.

* Delete as appropriate



FORM 15G

(Rule 149AL)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 26)

CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

Notice to the Clerk of Petty Sessions by a qualified legal representative (Appointed by the Court) that he has now been appointed by the Defendant



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

Take notice that I     (insert name), who was appointed by the court under Article 26(4) of the Criminal Evidence (Northern Ireland) Order 1999 as the defendant's qualified legal representative, have now been appointed by him.

Dated this      day of      20    .

[Signature of legal representative]

To the clerk of petty sessions for the petty sessions district of     .



FORM 15H

(Rule 149AL)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 26)

CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

Notice by the Clerk of Petty Sessions of the discharge of the person appointed by the Court



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

TAKE NOTICE that the person appointed by the court under Article 26(4) of the Criminal Evidence (Northern Ireland) Order 1999 has [been discharged]* [ceased to act for the court]*.

[The following legal representative has been appointed by the defendant, namely:      (insert name and address of legal representative)]*

Dated this      day of      20    .

Clerk of Petty Sessions

Note:

A copy of this notice is to be sent to each party to the proceedings.

*Delete as appropriate



FORM 15I

(Rule 149AM)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 28(2))

CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

NOTICE TO THE CLERK OF PETTY SESSIONS OF AN APPLICATION FOR LEAVE TO ADDUCE EVIDENCE UNDER ARTICLE 28(2) OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

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

TAKE NOTICE that I, the undersigned, intend to apply for leave to adduce evidence under Article 28(2) of the Criminal Evidence (Northern Ireland) Order 1999.

The date fixed for commencement of [preliminary investigation] [preliminary inquiry] [proceedings]* to which the application relates is:     (specify date).

Evidence:

(Give summary of the evidence the applicant proposes to adduce and of the questions the applicant proposes to put to any witness)

Explanation:

(Explain in full why it is considered that the evidence and questions fall within Article 28(3) or (5) of the 1999 Order)

List of documents:

(Give summary of any document or other evidence to be submitted in support of such evidence and questions)

Details of witness:

(Give the name, address and date of birth of any witness who it is proposed to call to give evidence as to the complainant's sexual behaviour)

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)

Notes to applicant:

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.

An application under Rule 149AM should be served on the clerk of petty sessions not less than 14 days before the day fixed for the commencement of the proceedings to which the application relates or be accompanied by a full explanation specifying the reasons why the application could not have been made within that time.

Note to Prosecutor:

You are required to notify the clerk of petty sessions and each of the other parties to the proceedings in Form 15J whether or not you oppose the application made under Article 28(2) of the Criminal Evidence (Northern Ireland) Order 1999.



FORM 15J

(Rule 149AM)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 28(2))

CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

NOTICE TO THE CLERK OF PETTY SESSIONS WHETHER OR NOT THE PROSECUTOR OPPOSES THE APPLICATION MADE UNDER ARTICLE 28(2) OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999



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

The purpose of this Notice is to inform you that I, the prosecutor [oppose]* [do not oppose]* the application made by the defendant under Article 28(2) of the Criminal Evidence (Northern Ireland) Order 1999 and as set out in Form 15I [for the following reasons: (state reasons)]*

AND TAKE NOTICE that I [wish] [do not wish]* to be represented at any hearing of the application.

This      day of      20    .

Prosecutor

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)

*Delete as appropriate



FORM 15K

(Rule 149AM)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 28(2) and 30(3))

CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

Request by the Court for a Party to the Proceedings to provide information in relation to an application for leave to adduce evidence under Article 28(2)



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

The court hereby requests that you,     (insert name of the party to whom the request is made), being a party to the above proceedings, provide the court with the information detailed below, which the court considers will assist it in determining the application to adduce evidence under Article 28(2) of the Criminal Evidence (Northern Ireland) Order 1999.

Details of the information which the court requires to assist in determining the application:

Dated this      day of      20    .

Clerk of Petty Sessions

Note:

The information requested shall be furnished to the court within 14 days.



FORM 15L

(Rule 149AM)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 28(2) and 30(3))

CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

Notice of the decision of the Court on an application for leave to adduce evidence under Article 28(2)



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) for leave to adduce evidence under Article 28(2) of the Criminal Evidence (Northern Ireland) Order 1999, the court made an order to the following effect, viz: -

Leave in relation to evidence or questions on an application made in Form 15I is:

[refused for the following reasons (state reasons)

]*

[granted for the following reasons and, subject to the following restrictions (state reasons and the extent to which evidence may be adduced or questions asked in pursuance of leave)

]*

Dated this      day of      20    .

Clerk of Petty Sessions

Note:

A copy of this notice is to be sent to each party to the proceedings.

* Delete as appropriate



FORM 93

(Article 127; Rules 150 and 151)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Recognizance to keep the Peace [and] [or] to be of Good Behaviour

[Title as in Form 1]

WHEREAS a complaint was made that

AND IT WAS ORDERED by the magistrates' court      at      that the said defendant should be bound by recognizance [to keep the peace] [and] [be of good behaviour, in particular the defendant shall not     (specify types of behaviour from which the defendant must refrain)] for the period of     .

The undersigned (name)     

of     

    , the principal party to this recognizance, hereby binds himself to perform the following obligation, viz., [to keep the peace] [and] [be of good behaviour, in particular the defendant shall not     (specify types of behaviour from which the defendant must refrain)] for the period of     , and the said principal party [together with (name)      of     , and (name)     , the undersigned suret    ] hereby acknowledge(s)      bound to forfeit to the Crown the sum(s) following, viz: -

The principal party the sum of £      [the first-named surety the sum of £      and the second-named surety the sum of £      ] in case the said principal party fails to perform the above obligation.

     } Principal Party
     } Suret

Taken before me this      day of      20    .

Clerk of Petty Sessions



EXPLANATORY NOTE

(This note is not part of the Rules)


These Rules amend the Magistrates' Courts Rules (Northern Ireland) 1984 ("the principal Rules") to:

These Rules also make provision relating to Part II (Special measures directions in case of vulnerable and intimidated witnesses), Part III (Protection of witnesses from cross-examination by accused in person) and Part IV (Protection of complainants in proceedings for sexual offences) of the Criminal Evidence (Northern Ireland) Order 1999 ("the 1999 Order"); and

Rule 2(5) revokes Rule 149A of the principal Rules, which is no longer required as an application to use television links where a witness will not give evidence otherwise through fear will be dealt with as an application for a special measures direction, the procedure for which is prescribed in Rule 149AA.

Paragraphs (6) to (9) of Rule 2 make a number of minor amendments to the principal Rules to take account of the extension of Part 2 of the 1999 Order to vulnerable and intimidated adult witnesses in committal proceedings before magistrates' courts.

Rule 2(10) inserts new Rules 149AI to 149AM into the principal Rules.

New Rule 149AI provides for an application by a prosecutor for a direction under Article 24 of the 1999 Order preventing a defendant from cross-examining a witness in person.

New Rule 149AJ prescribes the time when, and the manner in which, a legal representative is to be appointed to act for the defendant for the purpose of cross-examining any witness whom the defendant is prevented from cross-examining in person by virtue of Article 22, 23 or 24 of the 1999 Order.

New Rule 149AK provides for the procedure to be followed when the court appoints a qualified legal representative where the defendant fails to appoint a legal representative to act for him. New Rule 149AL details the procedures where the defendant subsequently arranges for a legal representative to act for him.

New Rule 149AM provides for the procedure to be followed on an application for leave under Article 28(2) of the 1999 Order, to introduce evidence or to ask questions in cross-examination about the sexual behaviour of the complainant, in criminal proceedings relating to a person charged with a sexual offence.

Rule 2(11) amends Schedule 1 to the principal Rules, by:


Notes:

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

[2] S.I. 1999/2789 (N.I. 8)back

[3] S.R. 1984 No. 225; to which the most recent relevant amendments were made by S.R. 2003 No. 296back



ISBN 0 33795287 6


  © Crown copyright 2003

Prepared 8 December 2003


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