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

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the Magistrates' Courts Rules (Northern Ireland) 1984 (“the principal Rules”) to make provision relating to applications under –

• section 46 of the Youth Justice and Criminal Evidence Act 1999 for reporting directions and excepting directions in respect of adult witnesses in criminal proceedings; and

• Article 132A (Power to grant bail where police bail has been granted) and Article 133A (Reconsideration of decisions granting bail) of the Magistrates' Courts (Northern Ireland) Order 1981.

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

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

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

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

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

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

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

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