The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2012

Statutory Rules of Northern Ireland

2012 No. 189

Magistrates’ Courts

The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2012

Made

16th May 2012

Coming into operation in accordance with rule 1

The Magistrates’ Courts Rules Committee makes the following Rules in exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981(1), after consultation with the Department of Justice and with the agreement of the Lord Chief Justice.

Citation and Commencement

1.—(1) These Rules may be cited as the Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2012 and, subject to paragraph (2), shall come into operation on the 6th June 2012.

(2) Rule 2(6) shall come into operation on 11th June 2012.

Amendment of the Magistrates’ Courts Rules (Northern Ireland) 1984

2.  The Magistrates’ Courts Rules (Northern Ireland) 1984(2)are amended as follows—

(1) after Rule 12D, insert—

“Proof of service of notice of registration under the Justice Act (Northern Ireland) 2011

12E.   Service of notice of registration under section 67(2) of the Justice Act (Northern Ireland) 2011 may be proved in any proceedings by a certificate of service in Form 109E.”;

(2) after Rule 13B, insert –

“Declarations under the Justice Act (Northern Ireland) 2011

13C.— (1) A statutory declaration under section 68 of the Justice Act (Northern Ireland) 2011 shall be made in Form 110E.

(2) Where the clerk of petty sessions or the court accepts service of such a statutory declaration the clerk of petty sessions shall –

(a) record the receipt of the statutory declaration in the Order Book against the relevant entry or registration of the sum as a fine; and

(b) notify the Chief Constable that the statutory declaration has been received.”;

(3) in Rule 14—

(a) in paragraph (1), for “paragraphs (2) and (2A)”, substitute “paragraphs (2), (2A) and (2B);

(b) after paragraph (2A), insert—

“(2B) A warrant issued under the Penalty Notices (Justice Act (Northern Ireland) 2011) (Enforcement of Fines) Regulations (Northern Ireland) 2012 shall be signed by a district judge (magistrates’ courts) or a lay magistrate but shall not in any case be signed by the clerk of petty sessions.”; and

(c) in paragraph (6)(a), after “the Road Traffic Fixed Penalties (Enforcement of Fines) Regulations (Northern Ireland) 1997” insert “or Regulation 4(2)(b) or 6(5) of the Penalty Notices (Justice Act (Northern Ireland) 2011) (Enforcement of Fines) Regulations (Northern Ireland) 2012.”;

(4) in Rule 105, after each reference to “the Road Traffic Offenders (Northern Ireland) Order 1996”, insert “or section 67 of the Justice Act (Northern Ireland) 2011”;

(5) in Rule 150, in paragraph (2A), after “the Road Traffic Fixed Penalties (Enforcement of Fines) Regulations (Northern Ireland) 1997” insert “or the Penalty Notices (Justice Act (Northern Ireland) 2011) (Enforcement of Fines) Regulations (Northern Ireland) 2012.”;

(6) after rule 153B, insert —

“153C.— (1) An application for compassionate bail under section 91 of the Justice Act (Northern Ireland) Act 2011 shall be made by giving notice in Form 96A.

(2) The notice under paragraph (1) must be served by the applicant on the clerk of petty sessions and the Director of Public Prosecutions for Northern Ireland.

(3) An application under paragraph (1) must be listed by the clerk of petty sessions not later than 72 hours after receipt of the application by the clerk of petty sessions, excluding weekends, Christmas Day, Good Friday and any bank holiday.

(4) The clerk of petty sessions must inform the defendant, the Director of Public Prosecutions for Northern Ireland and the governor of the prison or other place in which the defendant is being detained of the time and place of the hearing.

(5) The clerk of petty sessions shall, as soon as reasonably practicable after the determination of the application under paragraph (1), notify the defendant, the Director of Public Prosecutions and the governor of the prison or other place in which the defendant is being detained of the decision of the court in Form 96B.”; and

(7) in Schedule 1 —

(a) after Form 1A, insert Form 1B;

(b) after Form 2B, insert Form 2C;

(c) after Form 8C, insert Form 8D;

(d) in Form 60, in the list of sums ordered to be paid, between “Fine … £” and “Compensations, etc. … £”, insert “Offender Levy … £”;

(e) after Form 60A, insert Form 60B;

(f) in Form 61,

(i) after “ordered to pay for fine the sum of £    ”, insert , “for offender levy the sum of £    ”, and

(ii) in the list between “Fine … £” and “Compensation … £”, insert “Offender Levy … £  ”;

(g) in Form 62,

(i) after “ordered to pay for fine the sum of £  ”, insert “for offender levy the sum of £  ”, and

(ii) in the list between “Fine … £  ” and “Compensation … £  ”, insert “Offender Levy … £  ”;

(iii) after Form 62L, insert Form 62M;

(h) in Form 70, after “was adjudged to pay a fine of £  ”, insert “[and offender levy of £  ]”;

(i) in Form 71, after “was adjudged to pay a fine of £  ”, insert “[and offender levy of £  ]”;

(j) after Form 89A, insert Form 89B;

(k) after Form 96, insert Form 96A and Form 96B;

(l) after Form 109C, insert Form 109D and Form 109E; and

(m) after Form 110D, insert Form 110E.

W.A.McNally

Peter Luney

John Rea

Nigel Broderick

Dated 16th May 2012

Rule 2(7)(a)

SCHEDULE 1

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”) to-

• provide the procedure for proceedings in respect of enforcement of a Penalty Notice under Part 6, Chapter 1 of the Justice Act (Northern Ireland) 2011 [2011 c.24] (“the 2011 Act”). Part 6, Chapter 1 of the 2011 Act allows the police to issue a Penalty Notice to an offender in respect of certain offences, such as criminal damage or indecent behaviour;

• prescribe the procedure for making an application for compassionate bail under section 91 of the 2011 Act; and

• take account of the creation of the offender levy by the 2011 Act. Specifically,

Rule 2 (1) inserts new Rule 12E to provide the service of a notice of registration of a Penalty Notice for enforcement in the Magistrates’ Courts shall be in Form 109E.

Rule 2 (2) inserts new Rule 13C to provide that a Statutory Declaration under section 68 of the 2011 Act shall be in Form 110E and the clerk of petty sessions shall record receipt of a Statutory Declaration in the Order Book and notify the Chief Constable of its receipt.

Rule 2 (3) amends Rule 14 to provide that a warrant issued under the 2011 Act in relation to non-payment of a Penalty Notice shall not be signed by the clerk of petty sessions, but instead shall be signed by a district judge (magistrates’ courts) or a lay magistrate.

Rule 2 (4) amends Rule 105 to provide that an order made by the court in relation to enforcement of an unpaid Penalty Notice shall be served on the person against whom the order is directed by the clerk of petty sessions.

Rule 2 (5) amends Rule 150 (2A) to provide that a recognizance in respect of a Penalty Notice under the 2011 Act may be taken by a member of the Police Service of Northern Ireland.

Rule 2 (6) makes a number of amendments to the principal Rules to prescribe the procedure for making an application for compassionate bail under section 91 of the 2011 Act; and

Rule 2 (7) amends Forms 60, 61, 62, 70 and 71 in Schedule 1 to the Rules to allow an offender levy imposed by a court to be recorded on those Forms. It also inserts new Forms 1B, 2C, 8D, 60B, 62B, 89B, 96A, 96B, 109D, 109E and 110E to be used in proceedings relating to the enforcement of a Penalty Notice under the 2011 Act and new Forms 96A and 96B which are to be used in applications for bail under section 91 of the 2011 Act.

(1)

S.I. 1981/1675 (N.I.26); Article 13 was amended by paragraph 133 of Schedule 18 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (2010 No.976); and paragraph 65 of Schedule 5 to the Constitutional Reform Act 2005 (c.4)

(2)

S.R. 1984 No.225; to which the most recent relevant amendments were made by S.R. 1997 No.428 and S.R. 2004 No.299