UK Offence Report

Magistrates’ Courts Rules (Northern Ireland) 1984

Northern Ireland Statutory Rule 1984 No. 225 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
26 June 1984
In force from
3 September 1984
Extent
Not stated
Subject
Courts, police, prisons and the administration of justice

Explanatory note

(This note is not part of the Rules.) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Rules consolidate the Magistrates' Courts Rules (Northern Ireland) 1974 to include amendments to them made prior to the making of these Rules. Index to Magistrates' Courts (Northern Ireland) Order 1981 and to Magistrates' Courts Rules (Northern Ireland) 1984 Subject Article of 1981 Order or other provision Provision of Rules ABANDONMENT appeal of, including case stated 145, 150, 151(1)(a), 152 157 excess of, in debt proceedings 64 84(2), 85(2). ACCOUNT debt proceedings on foot of whole account where does not exceed £250 62(1) payment on account before hearing to reduce costs 88 ADJOURNMENT (see also REMAND) amendment of forms, for 154(2) civil complaint, in proceedings on, for— non-appearance of complainant 82, 161 non-appearance of defendant 81, 161 non-appearance of both parties 83 complaint charging summary offence, for non-appearance of complainant 26 non-appearance of accused 23 non-appearance of both parties 27 conviction, after, for inquiries or to determine suitable method of dealing with case 50 costs on 163(3) debt or ejectment proceedings, of, for non-appearance of defendant 73(2) for inquiry into physical or mental condition 51 generally— 161 notice to parties and witnesses where case adjourned to date to be fixed in civil cases 161(3) preliminary investigation of, to another district 36 30 reasons for adjournment under Article 50 or 51 to be entered in Order Book 19(9) sentence, for, to other court 52 where court unable to sit, by clerk of petty sessions 161(5) ADULT may be tried summarily for indictable offences specified in Schedule 2 45 43 to 47 AFFIDAVIT to prove service of summons, process or document 126 11(7) AFFILIATION ORDER (see ORDER) AIDER AND ABETTOR offence may be tried summarily for commission of offence under section 9 of Criminal Law Act (Northern Ireland) 1967 in relation to offences specified in Schedule 2 to 1981 Order paragraph 13 of Sch. 2 of offence under section 4(1) of Criminal Law Act (Northern Ireland) 1967 (impeding apprehension or prosecution of offender) paragraph 11 of Sch. 2 of offence under section 5(1) of Criminal Law Act (Northern Ireland) 1967 (failure to disclose information of offence) paragraph 12 of Sch. 2 of summary offence, guilty of that offence 59 punishment of 59 AMENDMENT adjournment to allow, where party misled of order— 154(2) on appeal by case stated 147(1) on appeal to county court 145 powers under Article 28 of County Courts Order (NI) 1980 of forms may be allowed 154(1) of order, by High Court on application to quash 159 APPEAL FROM MAGISTRATES' COURT abandonment of 150 enforcement of order where appeal abandoned 152 estreat of recognizance or payment of costs on abandonment 151 bail on 148 by way of case stated to Court of Appeal 146 bail on 148 fees for 149(2) powers of Court of Appeal 147 preparation 160 procedure on 146 158 to 161 costs power of Court of Appeal where appeal abandoned, not prosecuted or case stated not transmitted 151 documents, in connection with— appeal to county court 154 to 157 appeal by case stated 158 to 160 ejectment proceedings in, recognizance to contain undertaking as to waste, etc. 70 no appeal against certain orders on conviction— probation order, order for conditional or absolute discharge, order as to costs, orders referred to in Schedule 5 para 9(1) 140(2) no appeal against distress under Article 98(4), imprisonment under Article 98(5) 143(2) procedure, on appeal 144 154 to 157, 161 recognizance to prosecute appeal to county court— 149 against conviction or sentence 140 against imprisonment or fine for misbehaviour in court imposed under Article 160 142(1) against order to enter into recognizance 141 against order in debt or ejectment proceedings 143 against order in proceedings begun by notice of application or appeal 143 against order on civil complaint 143 against punishment for failure to obey order under Article 12 142(2) time for appeal— to county court 144 by case stated 146 warrants, decrees, etc., to enforce magistrates' courts order not to issue until appeal disposed of 117 APPEALS AND APPLICATIONS TO MAGISTRATES' COURTS generally 76 procedure 97 to 101 times of hearing 101 APPEARANCE corporation, by, where charged with indictable offence 166 and Sch. 4 counsel or solicitor, by 164 generally 164 in person compulsory— for claiming trial by jury for summary offence punishable by more than 6 months' imprisonment 29 24 for preliminary investigation or inquiry 30 26 and 35 relatives, by 164(2) ARREARS collecting officer, proceedings for, under order for periodical payment 85(5) complaint for arrears under order for periodical payment to be made before expiration of three years from default 98(1) enforcement of, for periodical payment 98 no appeal against order for distress or commitment or order attaching pension or income for failure to obey order for periodical payment 143(2) payment of rent, power to postpone issue of decree for 116 power to remit arrears under order for periodical payment 87 rent, of, claim for recovery may be joined with claim, in ejectment 72(3) ARREST (see also WARRANT) money found on defaulter on arrest may be applied towards payment of fine or sum due under order for periodical payment 110 person arrested without warrant and not released to be brought before court within 48 hours 131 power of constabulary to release person arrested on bail 130 powers of RM or JP to release arrested person other than on bail 132 warrant for person committed for trial on complaint of surety where he is about to abscond 134 warrant for person accused of summary offence who fails to appear in court 25(1) warrant for person accused of indicable offence whether in first instance or later 20(1) warrant for person failing to pay under order for periodical payment 98(1)(b) warrant may be executed until withdrawn in any part of Northern Ireland and notwithstanding it is not in officer's possession 158 warrant for witness where JP satisfied he will probably not attend preliminary investigation or who fails to appear in answer to summons 118 ATTACHMENT OF EARNINGS ORDER (see ORDER) Part VII D ATTEMPT person charged with summary offence may be convicted of attempt 60(2) to commit summary offence is such an offence and offender may be proceeded against, tried or punished as for completed offence 60(1) to commit offence in Schedule 2 (indictable offences triable summarily) para 13 of Sch. 2 BAIL accused to be told of right to apply to High Court or Crown Court 148(2) 51, 148 after failure to appear at trial on indictment 40(4) application for, at any time before trial on indictment after committal 37(4) committal for trial on 37 constabulary, by, after arrest without warrant 130 continuous— for defendant 48 for witness 118(4) endorsement on warrant 129 16 magistrates' court in adjourning proceedings for offence may remand accused on bail 47 on appeal against conviction or sentence or by way of case stated in criminal proceedings 148 on remand for medical examination 51 49 on remand after conviction for inquiries 50 period of remand on bail 47 power of JP to release person in custody after arrest for offence 132 recognizance to be in such amount as appears sufficient to ensure performance of conditions 135 sureties, general power to add 136 treason or treason felony, bail not to be granted without consent of Secretary of State 38 warrant of discharge where person bailed before expiration of period of remand 16(3) where person arrested as about to abscond before trial 134 where accused unable to give bail for appearance at petty sessions, RM may hear complaint out of petty sessions 18(2) where court was certified for bail prison governor, etc., may admit accused to bail and sureties may enter recognizance before JP or Clerk of Petty Sessions 153 witness after arrest for failure to appear 118(4) BINDING OVER appeal by person ordered to enter recognizance to keep peace or be of good behaviour 141 complainant and witness to attend trial 39 complainant to prosecute or give evidence upon issue of warrant 17 discharge of surety from 128 failure to enter into recognizance to keep peace, etc. 127(7) for misbehaviour in court 27(1)(c) generally 127 procedure for binding witnesses and prosecutor to attend trial at county court or assize 27 BOUNDARIES offences committed on or near 17 of petty sessions districts generally 11 CHILD mode of service of summons where person summoned is child or young person 11(4) saving for Magistrates' Courts (Children and Young Persons) Rules 5 CIVIL MATTER defined 77(1) dismiss without prejudice 84 103(2) hearing of proceedings on complaint in 80 102 issue of summons on complaint in 79 8, 11 non-appearance of defendant 81 non-appearance of complainant 82 non-appearance of both parties 83 order on consent in 80 103(1) proof of service on defendant 81(2), 126 11, 13 proceedings to be on complaint 77(2) time within which complaint to be made 78 CLERK OF PETTY SESSIONS appointment of see s.69(2) of 1978 c.23 death of or cesser in office 156 definition of 2(4) defrayal of expenses in defending action 10(1) immunity from action of 8(2) COLLECTING OFFICER certificate that sum not paid, to be evidence 123 may send payments by post 104(2) method of payment through 104 order that periodical payments be made through, to be notified to parties 104(1) power to order periodical payments through 85 proceedings to recover arrears 85(5) remuneration where not clerk of petty sessions 85(7) COMMISSION OF THE PEACE form of and generally see s.103 1978 c.23 COMMITTAL default in payment under order for periodical payment 98 default in payment of sum adjudged by conviction 92 enforcement order, under, for failure to satisfy decree in debt proceedings 128, 129 for misbehaviour in court 160 failure of witness to enter recognizance to attend trial on 39(5) failure to comply with order to enter recognizance to keep peace etc. 127(7) if warrant issued on conviction, court to state reason for not allowing time to pay 93 in default of distress for sum due under estreated recognizance 138(4) maximum period in default of payment of sum adjudged to be paid by conviction Sch. 3 means to be taken into account before immediate committal for failure to pay sum adjudged by conviction 93 release from or reduction of period on payment 111 140 to 142 replacement of power to make orders under Debtors (Ireland) Act 1872 for enforcing payment under decree in debt proceedings Part VIII of SI 1981/226 (NI 6) report where person under 21 has been under supervision 94(2) restrictions on committal in default of payment of sum adjudged to be paid on conviction 93 trial for— accused about to abscond, where 134 bail, on 37, 38 16, 153 corporation, of 166 and Sch. 4 custody, in 37, 38, 40 16, 153 failure to appear, after 40 generally 37, 38, 39 25 to 42 reconsideration, after, where RM has not convicted of indictable offence summarily 46(2) where imprisonment in default of distress is consecutive to another term 56(3) witness refusing to testify 120 COMMITTEE Magistrates' Courts Rules Committee 13 to 15 COMPENSATION orders for compensation on conviction Article 3(1) of SI 1980/704 (NI 6) other than for loss or damage due to accident arising out of presence of motor vehicle on road Article 3(2) of SI 1980/704 (NI 6) COMPLAINT (see CIVIL MATTER) appeal in proceedings on complaint to which Part VIII applies 143(3)(d) by surety that person bound over has been or is about to be guilty of conduct in breach of recognizance for good behaviour 128 execution of warrants, in proceedings upon 143 form of 7 generally 16 to 27, 77 to 84 includes information 2(3) may be struck out on non-appearance of complainant or both parties 26, 27, 82, 83 order allowing time for payment or for payment by instalments, in proceedings on 91, 97 statement of in preliminary investigation or inquiry 25, 32(5), (6) and (7) supply of to accused on committal for trial 29 to whom payments of sums ordered to be paid in proceedings upon complaint are to be made 140 when on oath 20(7), 118(2) wording of 6, 7(7) CONSENT in proceedings on civil complaint 80(3) 103(1) of accused to summary trial of indictable offence 45(1) 45(6) of prosecutor to summary trial of indictable offence 45(3) 45(2) order by consent in debt or ejectment proceedings 73(5) CONTEMPT analogous to— enforcement of orders other than for payment of money 112 misbehaviour in court 160 reports of preliminary investigation in breach of court order 44 CONTRACT debt proceedings on 62 CONTRIBUTION ORDER enforcement of 98(11)(f) CONVICTION alternative in summary trial of indictable offence 46(3) appeal against 140 154 to 156 ascertaining means after conviction: statement of wages by employer 122 certificate of 20 compensation, order for on Article 3(1) of SI 1980/704 (NI 6) enforcement of payment of sum adjudged on 92, 93, 94, 105, 106 issue, postponement or stay of execution of warrant for sum adjudged on 114 maximum period of imprisonment for default in payment of sum adjudged on 92 and Sch. 3 notice to defendant of previous convictions 23(6) notice to defendant of sum adjudged to be payable by a conviction 105 previous, irrevelant not to be referred to orally 23(2) to (6) release on payment of sum adjudged to be paid by a conviction 111 right to claim trial by jury where offence carries more than six months' imprisonment only where accused previously convicted 29(4) 24(2) search of accused after 110 sum adjudged to be paid by, includes costs, damages or compensation 2(5) supervision of person under 21 until sum paid 94 time allowed for, instalments allowed in payment of sum adjudged to be paid by 91 138 where time to pay or payment by instalments allowed entry to be made in Order Book 137 CORPORATION appearance of, where charged with an indictable offence 166 and Sch. 4 committal for trial Sch. 4 jurisdiction where has registered office or principal place of business 16(1)(b) modification of the rules where accused is a corporation 36 service of summons on 11(4) where to be bound by recognizance, latter to be signed by director or officer 150(7) COSTS adjournment, of 163(3) appeal, on, by way of case stated 147(1)(c) appeal, on, to county court 145 appeal abandoned, where by public or local authority or constable, court may order appellant to pay costs 151(3) civil complaint, in proceedings on, costs may be awarded 163 civil complaint, in proceedings on, costs recoverable in same manner as any other sum recoverable 97 commitment and distress, of, to be paid together with sum in default of payment of which order made, before release from custody 111 commitment where insufficient distress had for sum adjudged by conviction including costs 92 committal order in debt proceedings, order for costs made with 129(2) debt proceedings, in, costs may be awarded 163 92 and Sch. 2 ejectment proceedings, in, costs may be awarded 163 96 and Sch. 3 generally 163 notice, in proceedings commenced by, under Part VII of Order 109 periodical payment, order for referred to in Article 98 98(4) costs of enforcement 98(4) to (5) costs of original proceedings for order 98(1) process of, to be stated and, if paid with sum claimed and outlay before entry day, reduced by 50% 57(2) recognizance, estreat of, for failure to prosecute appeal, court may order payment of appellant's expenses out of sum estreated 151(2) “sentence”, appeal against, does not include order for payment of costs 140(2)(b) “sum adjudged to be paid by conviction” includes costs 2(5) where more than one defendant in debt or ejectment proceedings 73 COUNTERCLAIM abandonment, amount of, to be stated in counterclaim to give jurisdiction 85 admitted if, court may direct amount to be set-off 65(2) debt proceedings, abandonment of excess in 64(2) notice of set-off or counterclaim to be given 85 COUNTY COURT powers on appeal 145 transfer of debt or ejectment proceedings to 75 80 COURT OF APPEAL powers on appeal by case stated 147 COURT OF SUMMARY JURISDICTION defined 2(2)(a) Sch. 5 para 6 CUSTODY (see REMAND) appeal, pending, sentence suspended 153 committal for trial, in 37 detention in, where default in periodical payment 98 endorsement for release from, on warrant of commitment 16 release from— on appeal 148 after committal for trial 37(4) release from— after arrest without warrant 130, 131 remand in— adjournment, on 47, 161 committal for trial 37 16 conviction after 50 in case of illness or accident 49 preliminary investigation at 36, 37, 47 period of 37, 47 DEATH of resident magistrate, justice of the peace or clerk of petty sessions does not invalidate document signed by him 156 of summons server, production of process book and verification of his hand-writing to be prima facie evidence of entries 62 DEBT PROCEEDINGS abandonment of excess in claim 64(1) 84(2) appeal— decree not to issue until disposed of 117 lies to county court 143(3)(a) committal order, in, duration 135 committal process and order 129 costs, in 163 92 and Sch. 2 decree in— includes what 2(3) defined 2(3), 62(5) 53 enforcement of decree, in— generally S.I. 1981/226. (N.I. 6) process and order 128 hearing of 73 issue of process 72 jurisdiction in 62 may issue absolutely or conditionally 74 postponement of issue of 116 91, 94 service of enforcement and committal process 130 set-off or counterclaim 85(1) where part of set-off or counterclaim abandoned 64(2) 85(2) tender 90 time limit for 63 90(1) where remainder of account abandoned 64 DECREE (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS) meaning of 2(3) where value added tax recoverable 92(4), 96(4) DEPOSIT acceptance of, in lieu of sureties to recognizance 137 appeal to High Court against amount of security to be given in lieu of sureties 148(2) appeal to county court against estreat recognizance 141(2) where condition of recognizance performed sum deposited or security to be repaid 137(4) DEPOSITION copy to be supplied to accused 29 forwarding to trial court 28 preservation of, where indictable offence tried summarily 47 reading of at trial on indictment, of person dead, insane, unable to travel or kept out of way 42 taking of, dying person in connection with indictable offence 41 48 taking of, in connection with summary offence, where person sick or unable to attend 28 48 taking of, procedure at preliminary investigation 30 26 DESTRUCTION application for order for destruction of property 76(1)(c) DETENTION (see CUSTODY AND REMAND) custody in, after arrest without warrant 131 in precincts of court for one day in lieu of imprisonment 57 of person defaulting in periodical payment 98 pending appeal 144, 148 DISCHARGE (see RELEASE) absolute or conditional discharge, no appeal against, except where appellant pleaded not guilty 140 application for, for discharge of order for periodical payment 86 decree in debt proceedings to be full 66 surety, of, from recognizance to be of good behaviour etc. 128 surety, of, from recognizance of person committed for trial 134 DISMISS charge for indictable offence, where dismissed after summary trial, to have same effect as acquittal on indictment 46(5) complaint for criminal offence— non-appearance of complainant 26 non-appearance of both parties 27 complaint in civil matter may be dismissed without prejudice where court unable to adjudicate on merits 84(1) complaint in civil matter may be dismissed on merits where court has adjudicated on merits 84(2) debt or ejectment proceedings may be dismissed either on merits or without prejudice to a further claim 73(6) 74 procedure where previous dismiss without prejudice produced in debt or ejectment proceedings 75 DISTRESS default of payment of sum adjudged to be by a conviction, in 92 144 enforce, to, order for periodical payment 98 144 enforce, to, payment of sum recovered in proceedings commenced by notice 109 144 form and execution of warrant of 14, 143 to levy amount due under a recognizance 138 144 where imprisonment imposed for want of sufficient, payment of sum due 111 where person sentenced to imprisonment default of distress may be ordered to run consecutively to any other imposed for same offence 56 DOCUMENTS amendment of 155 refusal to produce 120 signing of, on behalf of Clerk of Petty Sessions 22 summons to produce as witness 118 taken out of petty sessions 21 transmission of on appeal to county court 144(5) 155 to trial court 37(5) 28, 42 wording of 6 DOMESTIC PROCEEDINGS attendance at 89 exclusion of witness from 89(3) meaning of 88 procedure in 89 publication of reports 90 EJECTMENT PROCEEDINGS appeal in 70, 117, 143(3)(b) costs, in 163 96 and Sch. 3 decree— generally 67, 74, 116, 117 131 to 134 postponement, of 116 131 to 134 defined 2(3) dismiss 73 enforcement generally See S.I. 1981/226 (N.I. 6) generally 67 to 75 53 to 83, 95, 96 hearing of— 73 non-appearance of defendant 73(2) non-appearance of both parties 73(3) joinder with claim for recovery of rent 72(3) landlord or owner, meaning of, in 71 Sch. 5 para 8(2) limitation, in 68 meaning of 2(3) 53 saving for other proceedings Sch. 5 para 8(1) transfer of proceedings to county court 75 80 ESTREAT OF RECOGNIZANCE abandonment of or failure to prosecute 151 appeal against 141(2) landlord or owner may receive compensation for waste, etc., out of sum levied on estreat of recognizance to appeal 70(2) procedure on 138 EVIDENCE at hearing to be on oath 121 certificate of clerk of petty sessions or collecting officer or statutory declaration by person to whom sum payable under order, as to non-payment, to be 123 deposition— in proceedings for summary offence by witness unfit to travel etc. 28 48 in relation to indictable offence 41 48 of witness conditionally bound to give evidence at trial 39, 42 28, 42 order of hearing at summary trial of offence 22 to 27 23 order of hearing in proceedings on civil complaint 80 to 84 102 objection as to variance between complaint and evidence adduced 154, 155 6 onus of proving exceptions in proceedings on complaint 124 preliminary investigation, at 30, 36, 37, 39, 41, 42, 44 26 to 30 formal admission under Criminal Justice (Miscellaneous Provisions) Act (N.I.) 1968 38, 52 preliminary Inquiry— authentication of statements etc. 41 conduct of Inquiry 35 generally 31 to 42 interpretation 31 objection to preliminary Inquiry 34 procedure where statement not admitted in evidence 40 proof by affidavit of service of documents 126 148 proof of formal admission 38 service on clerk of notice of intention to request inquiry 32 service on accused 33 statements etc. to be sent to court of trial 42 statements to be in prescribed form and exhibits identified 39 statement of wages, as 122 where corporation accused 36 witness may be excluded from court during proceedings in which he is to give evidence 119(2) EXEMPTIONS AND EXCEPTIONS onus of proof of 124 EXPENSES appeals, in, where recognizance estreated 151 Lord Chancellor, of 167(1) proceedings against R.M. or J.P. in 10 Rules Committee of 167(2) FEES remission of 162 FINE (see also CONVICTION) failure to give change of address to collecting officer 85(8) misbehaviour in court, for 160 appeal against 142(1) period of imprisonment in default of payment of 92, 2(5) and Sch. 3 power to fine where enactment gives powers to imprison 54 power to reduce fine under certain enactments 55 publication— of evidence ordered not to be printed or published 44(3) of evidence in domestic proceedings 90 witness, on— for failure to appear 119(1)(a) for failure to obey order of court excluding him 119(1)(b) FINGER AND PALM PRINTS order for taking 61 prints and records to be destroyed on acquittal etc. 61(4) FORFEITURE application to court, for forfeiture of property 76(1)(c) disposal of non-pecuniary 58 of money or valuable security on 137 FORMS amendment of 154, 155 6 certificate of conviction or order 20 documents taken out of petty sessions 11 objections for want of form 154 proof of service of, by affidavit 126 validity, of, where signatory dead 156 wording of 6 HANDWRITING proof of that of R.M. or J.P. 126 IMMUNITY in proceedings against R.M. or J.P. arising out of execution of office 5 IMPRISONMENT accuraI of arrears of payments under for periodical payments 87 aiders and abettors 59 appeal, against sentence of 142 appeal, pending 153 default, in, of distress, period imposed in addition to imprisonment for same offence 56(3) default, in, of distress where recognizance estreated 138(4) and Sch. 3 default in payment due under order for periodical payment 98 default in payment of fine or other sum adjudged by conviction, maximum period of 92 and Sch. 3 for failure to enter recognizance binding to peace 127(7) for failure to obey order other than to pay money 112 maximum consecutive periods 56 maximum for, indictable offence tried summarily. 46(4) misbehaviour in court, for 160 power to impose fine in lieu of 54 power to order detention in court precincts for day, in lieu of 57 refusal to enter into recognizance to attend trial 39(5) refusal to testify 120 release from or reduction of, where sum paid 111 right to claim jury trial where offence carries maximum sentence of more than six months 29 lNDICTABLE OFFENCE corporation charged with 166 and Sch. 4 issue of summons or warrant for 20 preliminary investigation or 2(2)(b), 16, 25 to 42 inquiry 30 to 44 summary trial of— alternative conviction, on 46(3) consent of accused and prosecutor required 45(1) and (3) generally 45,46, Sch. 2 43 to 47 no limitation period 19(b) out of petty sessions 18(2) scheduled offence without Attorney General's certificate 24(3) JOINDER OF PROCEEDINGS claim for arrears of rent etc. not exceeding £100 with claim in ejectment 72(3) two or more causes of action may be joined in same process 84(3) JURY election for trial by, where summary offence punishable by more than six months' imprisonment 29 24 notice of right to be tried by jury, before indictable offence may be tried summarily 45(1) 44 JUSTICE OF THE PEACE action does not lie against; unless court acted without jurisdiction 5 appointment of, s.3 1964 c.21 and see s.103 1978 c.23 bankruptcy of s.5, 6(2) and (3) 1964 c.21 commissioner of oaths, disqualified from acting as s.6(1) 1964 c.21 death of, does not invalidate documents issued in proceedings 156 deletion from commission of name of deceased see s.103 1978 c.23 discharge from office of by omission from commission or Secretary of State may issue writ of supersedes s.8 1964 c.21 disqualification from acting does not affect validity of documents issued in proceedings 156 High Court, application to for order requiring R.M. or J.P. to act 8 incapable, not to be deemed by reason of membership of local authority, payment of rates or contribution to fund maintained by such authority s.6(4) 1964 c.21 jurisdiction and functions of— generally 3 and Sch. 1 local 4 to determine out of petty sessions 18 and Sch. 1 Part II oath of s.7 1964 c.21 JUVENILE COURTS assigning to juvenile courts of school attendance class 15(2) and (3) deemed to be courts of summary jurisdiction Sch. 5 para 6 power to make Rules under certain enactments, to be exercisable by Rules Committee 15(1) savings for Magistrates' Courts (Children and Young Persons) Rules (N.I.) 1969 5 MAGISTRATES' COURTS geographical jurisdiction— complaint in a civil matter 77 criminal charges 16, 17 debt proceedings 72(1) ejectment proceedings 72(2) meaning of 2(2)(b) summary trial of charges in and out of petty sessions 18 MAINTENANCE ORDER (see ORDER) MISBEHAVIOUR IN COURT 160 MONEY application of, found on person to satisfy sum adjudged by conviction or periodical payment 110 NON-APPEARANCE adjournment, after— in proceedings for summary offence— accused does not appear 23 complainant does not appear 26 both parties do not appear 27 adjournment of, where accused has failed to appear at adjourned hearing of proceedings for offence 25(4) after court has assumed power to try indictable offence summarily 46(1) at assizes or county court after indictment presented 40 at time appointed for trial on indictment 138 at time appointed for hearing— of complaint for summary offence— accused does not appear 23 complainant does not appear 26 both parties do not appear 27 of civil complaint— defendant does not appear 81 plaintiff does not appear 82 both parties do not appear 83 at time appointed for hearing (or adjourned hearing) of debt proceedings— defendant does not appear 73(2) plaintiff does not appear 73(3) both parties do not appear 73(3) at time appointed for hearing (or adjourned hearing) of ejectment proceedings— defendant does not appear 73(2) plaintiff does not appear 73(3) both parties do not appear 73(3) in proceedings on civil complaint— defendant does not appear 81 complainant does not appear 82 both parties do not appear 83 of tenant in ejectment proceedings to show cause why possession should not be given 67(4) of accused through illness or accident 49 on appeal 145 on remand for indictable offence 20(3) and (4) witness of 118(3) NOTICE abandonment of appeal, of 150, 151 157 abandonment of excess in debt process or set-off or counterclaim 64 84(2) adjournment of, where accused convicted on written plea of guilty, before passing sentence 10(4) adjournment of, where accused has failed to appear at adjourned hearing of proceedings for offence 25(4) adjournment of, where court has left time and place of resumed proceedings to be fixed 161(3) 162 appeal of, to county court 144(1) appeals and applications to magistrates' court 76 97 to 101 application, of, to state a case 146 158 application to, estreat recognizance 138(3)(a) application for issue of ejectment decree after postponement 116 131 to 133 attendance of witness, for, where witness conditionally bound to attend trial on indictment 39(3) if given too late 42(4) intention, of, to take deposition of sick or dying person 48 proceedings commenced by, recovery of sums ordered to be paid 109 payer and payee, to, under order for periodical payment of time and place of payment 104 payee, to, that payment under order for periodical payments are in arrear 85(5) plea of guilty by post of 10 previous convictions, of 23(6) right to trial by jury given to person charged with indictable offence which may be dealt with summarily 45(1) 44 sum adjudged to be payable of, in absence of defendant 105 transfer of fine order, of 109 OATH appointment, on, of J.P. s.7 1964 c.21 court to be satisfied on oath of certain matters before issuing warrant of arrest for witness 118(3) evidence in magistrates' court to be on 121 warrant of arrest issued in first instance to be on written complaint on oath 20(7) 7(4) warrant of arrest after failure to appear in court to be on written complaint on oath 25(1) warrant of arrest for default in payment under order for periodical payment to be on written complaint on oath 98(2) OFFENCE adjournment of preliminary investigation into, on grounds of security etc. to another district 36 30 arrest for offence without warrant, release from police custody 130 general rules of jurisdiction for summary trial of offence 16, 17 issue of warrant where defendant resident in jurisdiction but offence committed outside Northern Ireland 20(6) joint offence 16(1) limitation period for proceedings for summary offence 19(1)(a) limitation, none on proceedings for indictable offence 19(1)(b) power to deal with offence committed outside jurisdiction 16(4) OPEN COURT domestic proceedings, only certain persons to be present at hearing 89(2) power to exclude witness from proceedings until required to give evidence 119 preliminary investigation, place of sitting deemed to be 35 references to preliminary investigation include preliminary inquiry Sch. 5 para 3 restrictions on reporting domestic proceedings 90 restrictions on reporting preliminary investigation 44 ORDER amendment of, on appeal by case stated 145 amendment of order of magistrates' court on application to quash it 159 attachment of earnings— consolidation of 118 discharge of 116 disposal of sums under consolidation of 119 form of 111 particulars of defendant to be included in 113 service of orders and notices in respect of temporary variation of 112, 114, 120 and 121 protected earnings rate 117 variation of 114, 115 certificate, of 20 collecting officer may be ordered to receive payments under order for periodical payment 85 committal for failure to pay under order for periodical payment specified in Article 98(11) i.e. affiliation, maintenance, contribution, order, etc. 98 committal for wilful failure to satisfy decree in debt proceedings see Part VIII SI 1981/226 (NI 6) 128 to 130 committal for failure to pay sum adjudged payable 92, 93 and Sch. 3 105, 106, 110, 140 to 143, 146 costs, order for 163 debt and ejectment proceedings in, 70, 71, 73, 74, 77, generally 79, 87 to 94 defined 2(3) dismissal without prejudice in debt and ejectment proceedings 73(6) dismissal without prejudice in proceedings on civil complaint 84 enforcement for, no appeal from orders under Article 98 143(2) other than for payment of money, enforcement of 112 periodical payment order for (see Article 98(11) — means affiliation, maintenance contribution, etc.)— copy of, to be served, when 164 discharge, revocation, suspension, variation, etc. 86 domestic proceedings 88(e), 89 probation order, no appeal where accused pleaded guilty 140(2)(a) proof of non-payment under order 123 supervision, for, person under 21 ordered to pay on conviction 94 upon consent— in proceedings on civil complaint 80(3) 102 in debt or ejectment proceedings 70, 71 ORDER BOOK financial penalty enforcement order to be registered in 107 generally 19 orders to be entered— consent orders on civil complaint 103(1) dismissal, whether on merits or without prejudice 103(2) orders on appeal 156 supervision order 106(3) transfer of fine order sent to England and Wales or Scotland 108 transfer of fine order from England and Wales or Scotland 109 verdict, alternative under Article 46(3) 46 PENALTY certain periodical payments not enforceable as civil debt 98(12) PENAL SUM reference in any enactment to be construed as including reference to a sum adjudged to be paid by a conviction Sch, 5 para 2 PERIODICAL PAYMENT (see ORDER) PETTY SESSIONS districts 11 holding of, in courthouse 12 J.P. either than R.M. may not sit in petty sessions 3(2) meaning of 2(3) PLEA claim to trial by jury for certain summary offences of no effect unless made before plea 29(2) 24 plea to be entered in Order Book 19 procedure at summary trial 22 23 procedure on appeal 140 POLICE conduct of proceedings, by 165 duty where person arrested is not released on bail 131 fingerprints and palm prints, taking by 61 power to release on bail for appearance before magistrates' court 130 search of person adjudged to pay sum by conviction or liable under order for periodical payment, where court so orders 110 service of summons where police prosecute 11(1) warrants, execution by 158 143 to 145 warrant of arrest, endorsed for bail, where 129 warrant sum due under, may be received by 111 141 PRELIMINARY INQUIRY adjournment— generally 161 to another district 36 committal for trial, after 42 complaint, statement of and written statements of evidence of witnesses, list of exhibits, etc. to be supplied to accused before inquiry 32 33 conduct of 35 corporation charged, where 166 and Sch. 4 36 facts to be stated on plea of guilty at trial 43 justice of peace other than R.M., by 1(2), 2(2)(b), 30(1), 42(1) and Sch. 5 para 3 notice of intention to request court to hold preliminary inquiry to be served on clerk of petty sessions 32 32 objection to 34 open court and exceptions 35 procedure at, generally 32 to 35 31 to 42 reading of prosecution witnesses' statements after accused discharged 37(6) reading at court of trial of statements tendered at preliminary inquiry 42(3) reports of preliminary inquiries 44 and Sch. 5 para 3 requirements as to written statements 33 statement of accused 34(3) and (4) “summary proceeding” does not include 2(3) Sch. 5 para 3 summons or warrant to compel appearance by accused at 20 and Sch. 5 para 3 summons or warrant to compel attendance of witness at 118 Sch. 5 para 3 PRELIMINARY INVESTIGATION adjournment generally 161 to another district 36 30 binding over witnesses and complainant to attend trial 39 27 committal for trial 37 28 complaint statement of, to be given to clerk and accused before preliminary investigation 25 corporation charges, where 166 and Sch. 4 depositions and complaint to be supplied to accused 29 discharge of accused 37(1) justice of peace other than resident magistrate, by 2(2)(b), 30(1) open court, in, and exceptions 35 procedure at, generally 30 to 39 25 to 30 restrictions on reports, of 44 resident magistrate, by 2(2)(b) and 30(1) statement of accused, at 30(4) 26(8) to (10) summons or warrant to compel appearance of accused, at 20 summons or warrant to compel attendance of witness, at 118 “summary proceeding” not to include 2(3) written statement or part not admitted in evidence 40 PROBATION, ABSOLUTE OR CONDITIONAL DISCHARGE entry in Order Book of probation order absolute or conditional discharge 124 entry of Order made under s.4 or s.6 of the Probation Act 1950 upon breach of a probation order or commission of a further offence 125 notification of discharge etc. 126 PROCESS (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS) committal on enforcement process Part VIII of SI 1981/226 (NI 6) 128 committal process and order Part VIII of SI 1981/226 (NI 6) 129 contents of, in debt proceedings 84 contents of, ejectment proceedings 95 costs of, to be stated in 57 hearing of proceedings commenced by 73 issue of 72 54 service of 58 to 65 signature on 55 PROPERTY power of court to order compensation for damage to property as result of offence other than due to motor accident Article 3 SI 1980/704 (NI 6) PROVISO burden of proof where accused relies on proviso for defence 124 PUBLICATION reports of domestic proceedings 90 reports of preliminary investigation or inquiry 44 and Sch. 5 para 3 PUNISHMENT aiders and abettors, guilty of summary offence itself 59 attempt to commit summary offence is such an offence and offender may be proceeded against, tried and punished as for completed offence 60(1) attempt to commit offence in Schedule 2 (indictable offence triable summarily) Sch. 2 para 15 detention for one day in court in lieu of imprisonment 57(1) maximum for indictable offence tried summarily 46(4) maximum for consecutive terms of imprisonment 56 means to be taken into account in imposing fine as 53 witness for failing to appear, of 119(1) witness for failing to obey order excluding him 119 QUALIFICATION defendant relying on qualification as excepting him from criminal liability must prove it 124 persons disqualified from acting as justice of the peace s.6 1964 c.21 persons who are ex-officio Justices of the Peace s.3(1) 1964 c. 21 RECOGNIZANCE (see BAIL and ESTREAT OF RECOGNIZANCES) acceptance of deposit of money or valuable sum in lieu of sureties 137 amount of recognizance 135 appearance for on adjournment 47 appeal— bail on appeal to county court or by case stated 148 chief clerk to return to clerk of petty sessions recognizance to appeal where notice of abandonment given 157 clerk of petty sessions to prepare form of appeal after recognizance to appeal or prosecute appeal entered 154 recognizance to be sent to appeal court 155 recognizance to prosecute appeal 149 recognizance upon appeal against order for possession of premises 70 committal for trial— recognizance by complainant to prosecute accused at trial and witness to attend trial 39(1) 27 recognizances etc., deemed to be varied when preliminary investigation or inquiry adjourned to another district 36(3) recognizance of accused where committed for trial on bail 37(3) 153 surety to recognizance of accused to appear at trial may be discharged on application by surety 134 transmission of recognizances to court of trial 28, 42 where witness refuses to be bound to attend trial 39(5) committal warrant may be endorsed for bail 47 153 corporation, of 150(7) deposit of recognizances with clerk of petty sessions 151 deemed to be varied where person remanded on bail in his absence due to illness or accident 49 estreating recognizances 138 on remand after conviction for inquiry into physical or mental condition 51 person arrested, in default of making periodical payment, by 98(3), 98(4) police— copy of recognizance taken by police to be given to person released 152(1) power to release on recognizance 130 conditioning of police recognizance for appearance at magistrates' court 152(2) power to extend time in police recognizance 130(3) power of court to release person from custody without recognizance 132 power to order sureties to any recognizance 136 power to bind over by recognizance to keep the peace or to be of good behaviour etc. 127 surety to recognizance for good behaviour etc. may apply for discharge 128 taking of recognizances generally 150 where warrant of arrest issued, complainant may be bound by recognizance to prosecute or give evidence 17 RELEASE (see BAIL AND DISCHARGE) appellant, of 148 arrested person— endorsement on arrest warrant for release on bail 129 duty of police where not released 131 defaulter in making periodical payments 98(3), 98(4)(b) police power to release 130 by court without entering into recognizance 132 from custody and reduction of period of imprisonment on payment of sum due 111 from custody after arrest under warrant issued under Article 27(2)(b) or 28(4) of Judgment Enforcement Order 1981. Article 29 S.I 1981/226 (NI 6) on bail— on appearance before magistrates' court 47 16 on committal for trial 37(3) 16 REMAND adjournment, on— in proceedings for an offence 47 where preliminary investigation or inquiry adjourned to another district 36 after conviction for inquiries 50 for medical examination 51 49 bail on 47, 48 continuous bail on 48 endorsement on remand warrant for bail 47 16 further remand where accused unable through illness or accident to attend 49 in custody 47, 49 to 51 50 in hospital 163 recognizances, on 150 to 153 REMUNERATION collecting officers 85(7) resident magistrate s.12 1964 c.21 RENT arrears of, claim for, may be joined in process for recovery of premises 72(3) debt, recoverable as 62 overholding tenant liable to pay amount equal to rent 69 where appeal against order for possession recognizance to cover payment of rent due or sums due under section 78 70 RESIDENT MAGISTRATE action against 5 to 10 act in excess of jurisdiction 5 application to High Court where RM refuses to do act relating to duties 8 appointment of s.9 1964 c.21 appointment of deputy s.10 1964 c.21 death of, not to affect validity of document signed by 156 disqualification for acting s.156 1964 c.21 geographical jurisdiction s.9(2) 1964 c.21, 16, 17 immunity, of 5 to 10 legal jurisdiction 3 meaning of 2(3) oath of s.9(2) 1964 c.21 out of petty sessions, sitting 18 pension of s.12(2)(b) 1964 c.21 powers of Sch. 5 para 6, 3, 18, 46 refusal to act 8 remuneration, of s.12 1964 c.21 REVIVAL of order for periodical payment on civil complaint 78(2) and 86 REVOCATION of order for periodical payment at any time on civil complaint 78(2) and 86 RULES functions of Magistrates' Courts Rules Committee 13 to 15 and Sch. 5 paras 5 and 7 non-compliance with Part IV of Rules not to render debt or ejectment proceedings void 82 power to amend debt or ejectment proceedings 82 “prescribed” means prescribed by Magistrates' Courts Rules 2(3) power to make Rules as to transmission of documents to trial court or appeal court 37(5), 144(5) saving for Magistrates' Courts (Children and Young Persons) Rules (NI) 1969 5 SEARCH person, of, adjudged to pay sum by conviction or money due under order for periodical payment 110 warrant; of, may be signed by justice of the peace where authorised by statute 3(2) Part I and para 2 of Sch. 1 warrant, of, may be executed anywhere in Northern Ireland by constable 158(2) SENTENCE appeal against 140 154 computation of, on appeal 153 consecutive terms of imprisonment 56 deferment of 127 postponement for inquiries or medical 50, 51 49 power to sentence person convicted by another court in the same county 52 separate warrants to be issued, where 15 suspended sentences see ss. 18 to 21 of 1968 c.29 SERVICE (see SUMMONS OR PROCESS) adjourned hearing not to be resumed unless parties and witnesses have had adequate notice 161(3) 162 appeal to county court, notice of 144(1) and (2) 154 application for case stated 146 158 appeals and applications to magistrates' courts to be on notice 76(1) and (2) 97, 98 application to estreat recognizance 138(3) application for issue of decree, where postponed 116 131 to 134 evasion of, proof of, before issue of warrant after failure to appear in summary proceedings 23(2) and 25(3) evasion of service of process, special mode of service 60 notice of right to be tried by jury, where accused charged with indictable offence which may be tried summarily 45 44 process, of— generally 58 to 61 enforcement of committal process, service to be personal 130 summons, of— a reasonable time before hearing 11 anywhere in Northern Ireland 157 deemed good 64 for summary offence, proof of service before hearing in absence of accused unless evading service 23(2) and 25(3) for summary offence, warrant not to be issued for failure to appear at adjourned hearing unless accused had notice of time and place 25(4) generally 11, 12, 13 on civil complaint, before hearing or adjourned hearing 81(2) postal (other than in constabulary prosecutions) 12 SET-OFF debt proceedings in— abandonment of excess 64(2) 85(2) notice of set-off or counterclaim 85(1) STATEMENT accused of— in summary trial of indictable offence 45(1) 45 at preliminary investigation 30, 37(1) 26 at preliminary inquiry 34(3) 35(5) and (6) by employer of wages to be evidence 122 opening statement of prosecutor at preliminary investigation or inquiry not to be printed or published 44, Sch. 5 para 3 STAY OF EXECUTION of decree in debt or ejectment proceedings 74 of warrant issued in criminal proceedings 114 of warrant in civil proceedings on complaint 114(2) STRIKING OUT where— both parties fail to appear in debt or ejectment proceedings 73(3) 68 complainant fails to appear in proceedings for summary offence 26 complainant or both parties fail to appear in proceedings on civil complaint 82, 83 SUMMARY OFFENCE issue of summons or warrant for 20 limitation period for proceedings for 19 meaning of 2(3) right to claim jury trial for certain summary offences 29 24 trial by justice of the peace out of petty sessions of certain summary offences 18(3) and Part II of Schedule 1 19(6) SUMMARY PROCEEDINGS (see SUMMARY OFFENCE) meaning of 2(3) SUMMARY TRIAL (see INDICTABLE OFFENCE, OFFENCE AND SUMMARY OFFENCE) in and out of petty sessions 18 of summary offence 22 to 27 23 of indictable offence 45, 46 and Sch. 2 SUMMONS (see FORMS) amendment of, on appeal 145 amendment of, in magistrates' court 154, 155 death of justice of peace signing 156 evading service in criminal proceedings, issue of warrant 20, 23(2) and 25(3) failure of accused to appear, in answer to 23, 27 failure of defendant to appear in proceedings on civil complaint 81, 83 failure of witness to appear 118, 119 failure to pay under order for periodical payment 98(1)(a) form of 6, 8 indictable offence for 20(3) issue of— generally 4, 20, 79, 98, 156 8 to 13 on civil complaint 79 preparation of 9 proof of service by affidavit 126 service of— generally 11, 13 by registered post, when 13(1) to (5) by ordinary post, when in England and Wales or Scotland 12, 13(7) to (13) witness, to 18 8, 9, 11 SUNDAY issue or execution of any arrest or search warrant effectual on Sunday 158(5) SUPERVISION of person under 21 until payment of sum adjudged to be paid by a conviction 94 106 SURETY (see RECOGNIZANCE) deposit of money or value security in lieu of 137 150(8) discharge of, where person bound over to keep peace or be of good behaviour 128 generally 150 to 153 notice to, on estreat 138(3) where not convenient for surety to attend prison, surety may enter recognizance before RM, JP or clerk of petty sessions upon production of copy of consent to bail 150(2), 153 SUSPENSION of order for periodical payment of money 86 of sentence 122, 123 TIME adjourned hearing, fixed for 161 162 allowed for payment of sum in proceedings on complaint other than on conviction 97 137, 138 allowed for payment of sum adjudged to be payable 91, 93, 94 137, 138 appeal, time on bail awaiting appeal not to count towards sentence 153 applicant to transmit case stated to Court of Appeal within 14 days of receiving it 146(9) debt proceedings to be commenced 63 ejectment proceedings to be commenced 68 enlargement or abridgement of, in debt or ejectment proceedings 81 for statement of case by court 146(6) issue or postponement of decrees in debt or ejectment proceedings 116 131 maximum duration of order binding to peace or good behaviour etc. 127(2) maximum of— for remand in custody 47, 48, 49 for remand on bail 47 no limit of, for making complaint charging indictable offence 19(1)(b) of hearing of processes 61 of holding of petty sessions 11 of entry of process 66 order for periodical payment of money may be revoked, suspended, varied at any time 86 power of police to extend police bail 130(3) process deemed to have issued, at what 54 summons to be served a reasonable time before hearing 11(6) within which— applications and appeals to magistrates' courts to be made 98 application for case stated to be made 146 complaint in a civil matter to be made 78 complaint charging offence (including continuous offence) to be made 19 TRANSFER of debt or ejectment proceedings to the county court 75 TRANSFER OF FINE ORDER (see ORDER) Part VII C VARIATION of order for continuous bail 48 of order for periodical payment, at any time 86 of time of appearance in summons, where proceedings adjourned 161(4) VENUE of debt or ejectment proceedings 72(1) and (2) of proceedings in magistrates' court for offence 16, 17 of proceedings on complaint in a civil matter 77(3) of summary trial of aider and abettor 59 WARRANT (see FORMS) arrest of— after indictment presented 40(3) endorsement for bail 37(3), 47(1), 130 16 for indictable offence 20(3) and (4) for non-appearance before magistrates' court 20(4), 23 for non-payment of sum under order for periodical payment specified in Article 98(11) of the Order 98(1)(b), 98(4)(b) for summary offence 20(5) form of 14 of witness 118 person about to abscond to evade trial 134 to show cause why person should not be bound over to be of good behaviour etc. 127(4) where offence committed outside Northern Ireland if indictment can be preferred 20(6) commitment of— direction that person searched under Article 110 to be endorsed on warrant 139 discharge from prison of 14, 16(3), 143(2) endorsement of consent to bail on remand or committal warrant 16 for failure to pay sum adjudged to be paid by a conviction 91(8), 92, 93, 94 for failure to pay sum under order for periodical payment specified in Article 98(11) of the Order 98(5) the failure to enforce order other than for payment of money 112(3) to (6) on committal for trial 37 postponement of issue pending appeal 117 review of, application for 147 separate warrant for each sentence imposed 15 to enforce order on appeal 152 where person ordered to be returned to prison under Article 3 of the Treatment of Offenders (Northern Ireland) Order 1966 15(5) and (6) distress of— execution of by police 115,158 141 to 145 execution of arrest warrant where not is possession of arresting constable 158(4) failure to execute 115(2) to (4) form of 6, 14 issue, postponement or stay of execution of 114 issue where alleged defect of jurisdiction in order of court 7 re-issue of unexecuted warrant 115(3) release by police of person arrested without warrant 130 to levy sum adjudged to be payable 92 144 to levy sum recovered in proceedings commenced by notice 109 144, 145 to levy sum ordered on estreat of recognizance 138(4) 144 validity not affected by death of signatory 156 withdrawal of warrant 158(1) 18 WITNESS attendance at court, summons or warrant for, to give evidence or produce document or thing 118 binding over of witnesses who have deposed at preliminary investigation to attend trial of accused 39 27 dying person able and willing to give evidence relating to indictable offence, deposition of 41 48 evidence before court to be on oath 121 expenses, of, to be included in costs 164 s.46(2) of 1954 c.33 failure of witness to enter recognizance to attend at trial on indictment 39(5) may be directed to be excluded from court until required to give evidence 119(2) offence, by, where failure to appear at time and place appointed by summons 119(1) person so ill as to be unable to travel or whose attendance before court cannot be conveniently procured, deposition of 28 48 reading at court of trial of deposition of witness who is dead, insane, so ill as to be unable to travel or kept out of the way by procurement of accused or of conditionally bound witness notice for whose attendance is given too late 42 recall of, for cross-examination after court has determined to try indictable offence summarily 45(3) refusal, of, to testify etc. without just excuse 120 YOUNG PERSON saving for Magistrates' Courts (Children and Young Persons) Rules (NI) 1969 5 service of summons on 11(4)

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