The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2011

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Magistrates’ Courts (Northern Ireland) Rules 1984 (S.R.1984 No.225) (“the principal Rules”) to amend the procedure around entering a plea of guilty by post, prescribe the procedure relating to applications in respect of investigation anonymity orders under section 77-85 of the Coroners and Justice Act 2009 (‘the 2009 Act’), and make a number of minor technical amendments to Forms 1 and 1A.

Rule 2(1)(a) substitutes new rule 10(1) into the principal Rules to provide that where the procedure of pleading guilty by post has been made available, the summons shall be accompanied by Form 4 or copies of the witness(es) statements and Form 6 or Form 6A as appropriate.

Rule 2(2) substitutes new rule 12A(4) to provide that where the defendant fails to appear in answer to a summons, service shall not be deemed valid unless an acknowledgement of service in Form 110B, or in pleas of guilty by post cases in Form 6 or 6A, has been returned to the court.

Rule 2(3) inserts new rules 165-170 into the principal Rules to prescribe the procedure in relation to an application for an investigation anonymity order under section 77 of the 2009 Act, an application to discharge an order under section 80 of the 2009 Act and the procedure to be followed on appeal. Specifically,

• new rule 165 provides that any references to ‘the Act’ will be construed as references to the 2009 Act; the clerk of petty sessions shall mean the clerk of petty sessions for the district in which the application for an investigation anonymity order is made; and that any expressions used shall have the same meaning as in the Act.

• new rules 166(1)-(6) prescribes the procedure in respect of an application for an investigation anonymity order under the 2009 Act.

• new rule 167 prescribes the procedure to be followed on appeal against the refusal of the court to make an investigation anonymity order.

• new rule 168 sets out the procedure to be followed in respect of an application to discharge an investigation anonymity order.

• new rule 169 prescribes the procedure to be followed on an appeal against a refusal to discharge an investigation anonymity order.

• new rule 170 provides that a hearing of an application under section 70 or an appeal brought under sections 79 or 80(6) shall be in private.

Rule 2(4) amends Schedule 1 to the principal Rules to —

• amend Forms 1 and 1A to make it explicit in the forms that it is not a requirement that the complaint be sworn on oath;

• insert new Forms 3, 4, 5, 6 and 6A; and

• insert new Form 126 for use in connection with applications relating to an investigation anonymity order under section 77 of the 2009 Act.