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

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the Magistrates' Courts Rules (Northern Ireland) Rules 1984 (“the principal Rules”) to prescribe the procedure relating to –

• applications to adduce bad character evidence under Part II of the Criminal Justice (Evidence) (Northern Ireland) Order 2004; and

• notice of intention to adduce hearsay evidence under Part III of that Order.

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

• adduce evidence of the bad character of persons other than the defendant or to cross examine a witness with a view to eliciting such evidence (new Rules 149AR(1) and (2));

• oppose the admission of evidence of the bad character of persons other than the defendant (new Rule 149AR(3));

• adduce evidence of a defendant’s bad character or to cross examine a witness with a view to eliciting such evidence (new Rules 149AR(4) to (7));

• exclude evidence of a defendant’s bad character (new Rule 149AR(8)).

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

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

• adduce hearsay evidence (new Rules 149AS(1) to (5)); and

• oppose the admission of hearsay evidence (new Rule 149AS(6)).

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

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

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