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

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.