The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2008

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Magistrates’ Courts Rules (Northern Ireland) 1984 [S.R. 1984 No.225] (‘the principal Rules’) in consequence of the lapsing of Part 7 of the Terrorism Act 2000, and to take account of the provisions of the Criminal Justice (Northern Ireland) Order 2008 (‘the 2008 Order’).

• Rules 2(1) – (7) amend the principal Rules so as to omit obsolete references to scheduled offences and to make a number of consequential amendments to take account of the non- jury trial arrangements under sections 1-9 of the Justice and Security (Northern Ireland) Act 2007.

• Rule 2(8) amends Rule 105 of the principal Rules to provide that, where appropriate, a notice issued under that Rule shall advise the defendant that failure to pay a sum adjudged or to make an appropriate application within the time allowed may result in the coming into operation of a supervised activity order.

• Rule 2(9) inserts new Rules 105A and 105B into the principal Rules to prescribe the procedure to be followed on the making of a supervised activity order in the magistrates’ court.

• Rules 2(10) and (11) insert references to the 2008 Order into Part VII, Section F of the principal Rules.

• Rule 2(12) amends Rule 125A of the principal Rules to reflect the revocations to the Criminal Justice (Northern Ireland) Order 1996 made by the 2008 Order, and inserts references to the equivalent new provisions of the 2008 Order.

• Rules 2(13) and (14) provide for an adjustment to the procedure for dealing with breaches of community orders whereby the magistrates’ court will no longer deal with applications relating to community orders made by the Crown Court.

• Rule 2(15) inserts new Rules 126C-126E into the principal Rules to provide that the court shall send a copy of the certificate of conviction or order to the Secretary of State in order to discharge its duties under Articles 23 and 31 of the 2008 Order.

• Rule 2(16) amends Rule 153A of the principal Rules to provide that an application for the variation of conditions of pre-charge bail shall be made in accordance with that Rule.

• Rule 2(17) amends Rule 155(1)(d) to ensure that pre-sentence reports and medical reports obtained under the 2008 Order will be forwarded to the chief clerk on appeal.

• Rule 2(18) amends a number of Forms in Schedule 1 to the principal Rules and inserts a number of new Forms to take account of changes made by the 2008 Order.

• Rule 3 contains a saving provision.