The Magistrates' Courts (Northern Ireland) Order 1981PART IINTRODUCTORY1Title, citation and commencement2InterpretationPART IIFUNCTIONS OF RESIDENT MAGISTRATES AND JUSTICES OF THE PEACEFunctions of resident magistrates and justices of the peace other than resident magistrates3Functions of resident magistrates and justices of the peace other than resident magistrates4Local jurisdiction of justices of the peaceProtection from legal proceedings5Immunity of resident magistrates etc. for acts within jurisdiction.6Immunity for certain acts beyond jurisdiction.6ACosts in legal proceedings7Where warrant on conviction is issued by clerk or another justice8Acts performed pursuant to decision of High Court or on appeal9Where action is prohibited proceedings may be set aside10Defrayal by Lord Chancellor of expenses in connection with proceedingsPART IIITHE HOLDING OF PETTY SESSIONS FOR A COUNTY COURT DIVISION11Petty sessions and petty sessions districts12Holding of petty sessions in courthousePART IVMAGISTRATES' COURTS RULES13Magistrates' courts rules14Rules Committee may make recommendations to Lord Chancellor15Rules under or for the purpose of particular enactmentsPART VCRIMINAL JURISDICTION AND PROCEDUREJurisdiction to deal with offences16General jurisdiction to deal with charges17Offences committed on boundaries or on journeys: offences begun in one jurisdiction and completed in another17AOffences committed on ships and abroad18Summary trial of charges in and out of petty sessions19Time within which complaint charging offence must be made to give jurisdictionSummary trial20Issue of summons to accused or warrant for his arrest21Signing of summons by clerks of petty sessions22Summary trial23Non appearance of accused: general provisions24Non-appearance of accused: plea of guilty25Non-appearance of accused: issue of warrant25AProceedings invalid where accused did not know of them26Non-appearance of complainant27Non-appearance of both parties28Power of court of summary jurisdiction to authorise taking deposition of person sick or unable to attendRight to claim trial by jury for certain summary offences29Right to claim trial by jury for certain summary offencesPreliminary investigation of indictable offences30Preliminary investigationPreliminary inquiry into indictable offences31Power to conduct preliminary inquiry32Documents to be furnished to court and served on accused33Requirements as to written statements34Preliminary inquiryProvisions applying to preliminary investigations and preliminary inquiries35Committal proceedings to be in open court36Adjournment of committal proceedings to another petty sessions district37Discharge or committal for trial38Bail in treason, etc.39Binding over complainant and witnesses to attend trial40Committal after non-appearance of accused41Power to take deposition of dying person42Reading at court of trial deposition or statements taken at preliminary investigation or inquiry of a dying person43Facts to be stated on open court on plea of guilty44Reports of preliminary proceedingsSummary trial of indictable offences45Summary trial of certain indictable offences46Powers of court in dealing summarily with an indictable offenceRemands47Period of remand in custody or in bail48Continuous bail49Remand in case of illness or accident50Remand to enable inquiries to be made after conviction51Remand for inquiry into physical or mental condition52Power of court to sentence person convicted by another court in same county court divisionSums adjudged to be paid by a conviction53Fixing sum adjudged to be paid by a conviction with regard to means of offender54Power to impose fine in lieu of imprisonment55Power to reduce fine or pecuniary penalty under certain enactmentsImprisonment56Consecutive terms of imprisonment57Power to order detention for one day in precincts of the court in lieu of imprisonmentSupplemental matters in connection with criminal procedure58Disposal of non-pecuniary forfeitures59Aiders and abettors60Attempt or incitement, etc., to commit summary offencesArt. 61 rep. by 1989 NI 12 PART VIDEBT AND EJECTMENT PROCEEDINGSDebt proceedings62Debt proceedings63Time within which debt proceedings may be commenced63AExtension of time limit: mediation64Abandonment of so much of claim as is in excess of jurisdiction65Counterclaims66Decree for recovery of sum claimed to be full dischargeEjectment proceedings67Ejectment proceedings68Time within which ejectment proceedings may be commenced69Liability of overholding tenant or occupier70Recognizance upon appeal against order for possession of premises71References to landlord or ownerProcedure in debt and ejectment proceedings72Issue of process73Hearing, etc., of proceedings commenced by processPowers exercisable by court in debt or ejectment proceedings74Order that decree shall issue either absolutely or conditionally75Transfer of proceedings to county courtPART VIIAPPEALS AND APPLICATIONS TO COURTS OF SUMMARY JURISDICTION76Proceedings to be commenced by noticePART VIIICIVIL PROCEEDINGS UPON COMPLAINTJurisdiction exercisable upon civil complaint77Nature of jurisdiction upon civil complaint78Time within which civil complaint must be made to give jurisdictionProcedure upon complaint79Issue of summons upon civil complaint80Hearing of proceedings upon civil complaint81Non-appearance of defendant82Non-appearance of complainant83Non-appearance of both parties84Dismissal without prejudice to further complaint as to same matterPowers exercisable upon civil complaint85Orders for periodical payment: means of payment85AOrders for periodical payment: proceedings by collecting officer85BMaintenance orders: penalty for breach86Revocation, variation, etc., of orders for periodical payment86AInterest on arrears87Remission of arrears and manner in which arrears to be paidDomestic proceedings88Nature of domestic proceedings89Sitting of court for domestic proceedings90Newspaper reports of domestic proceedingsPART IXSATISFACTION AND ENFORCEMENT OF ORDERSSums adjudged to be paid by a conviction91Payment of sums adjudged to be paid by a conviction92Enforcing payment of a sum adjudged to be paid by a conviction92AFines imposed on companies93Restrictions on power to order immediate committal in default of payment of a sum adjudged to be paid by a conviction94Supervision of person under twenty-one until payment of sum adjudged to be paid by a conviction95Power to order transfer of fines96Transfer of fines elsewhere in United KingdomOrders for the payment of sums made in proceedings upon complaint otherwise than on conviction97Payment of sums recovered upon complaint98Enforcement of orders for periodical payment of money99Enforcement of orders for payment of money other than periodical paymentsAttachment of earnings for enforcement of orders for the periodical payment of money100Power of court to make attachment of earnings order101Making of attachment of earnings order102Compliance with order by employer103Persons employed under the Crown104Variation, lapse, discharge and termination of orders105Statement of earnings, etc.106Obligation of debtor and his employers to notify changes of employment and earnings107Power of court to determine whether particular payments are earnings108Offences in relation to attachment of earnings ordersOrders made in proceedings commenced by notice109Recovery of sums awarded in proceedings commenced by noticeOther matters in relation to enforcement of orders110Application of sums found upon defaulter111Release from custody and reduction of period of imprisonment on payment112Enforcement of orders other than for the payment of money113Review of commitment under Article 112114Issue, postponement and stay of execution of warrants115Duties of Constabulary and others with respect to warrants116Issue, postponement or stay of execution of decrees in debt and ejectment proceedings117Postponement of issue of warrants or decrees until appeal determinedPART XWITNESSES AND EVIDENCE Witnesses: proceedings other than criminal proceedings118Summons to witness in proceedings (other than criminal proceedings) or warrant for arrestWitnesses: criminal proceedings118AIssue of witness summons on application to magistrates' court118BPower to require advance production118CApplication to make summons ineffective118DIssue of witness summons of court's own motion118EFurther process to secure attendance of witnesses119Penalty for witness failing to appear or obey direction of court excluding him120Refusal of witness to testifyEvidence121Evidence on oath122Statement of wages to be evidence123Proof of non-payment of sum adjudged124Onus of proving exceptions in proceedings upon complaint125Proof of previous convictions126Proof by affidavit of service of summons, handwriting, etc.PART XIRECOGNIZANCES AND BAILRecognizances to keep the peace or to be of good behaviour127Power to bind over128Discharge of recognizances to be of good behaviour, etc., on application by suretyBail on arrest129Endorsement on warrant as to release on bailArts. 130, 131 rep. by 1989 NI 12 132Powers of resident magistrate or other justice in relation to persons not released on bail132APower to grant bail where police bail has been granted133Conditions on admission to bail133AReconsideration of decisions granting bailDischarge of recognizance of surety where person committed for trial134Provision where person committed for trial about to abscondGeneral provisions with regard to recognizances135Amount of recognizance136General power to order sureties to any recognizance137Acceptance of deposit of money or valuable security in lieu of sureties to a recognizance138Estreating of recognizances139Disposal of deposits in lieu of sureties in certain casesPART XIIAPPEAL AND CASE STATEDAppeals to county court140Appeals against conviction or sentence, etc.141Appeals from orders as to recognizances142Appeals against imprisonment or fine for misbehaviour in court or against an order under Article 112(6)143Appeals in other cases144Procedure on appeal145Powers exercisable by county court on appeal145AImmunity of county court judges hearing appeals under this Part.Case stated146Cases stated by magistrates' courts147Powers of Court of AppealSupplemental provisions as to appeal to the county court by way of case stated.148Bail on appeal to county court or by way of case stated149Recognizance to prosecute appeal and fees on case stated150Abandonment of appeal to county court or by way of case stated151Estreat of recognizances and making of orders as to costs in connection with appeals152Enforcement of orders made, affirmed or varied on appeal or of original order where appeal abandoned153Computation of sentence on appealPART XIIIGENERALForms154Objections as to want of form or variance between complaint, etc., and evidence adduced155Amendment of complaint or other documents156Validity of documents issued in proceedingsService of summons and execution of warrants157Summons or process lawfully issued may be served anywhere in Northern Ireland158Execution of warrantsPower to rectify mistakes etc.158APower of magistrates' court to re-open cases to rectify mistakes etc.Power of High Court to ament summary orders, etc.159Amendment of order of magistrates' court on application to quash itMiscellaneous orders160Misbehaviour in court161Adjournment162Recovery and remission of fees163CostsRepresentation164Appearance by counsel or solicitor165Conduct of proceedings by police officer166CorporationsSupplemental167Expenses168Directions169Application to the Crown170Transitional provisions, construction of references, savings, amendments and repealsSCHEDULESSCHEDULE 1MATTERS WHICH MAY BE DEALT WITH BY A JUSTICE OF THE PEACE OUT OF PETTY SESSIONSPART IEnactments passed before 1st January 1936, under which functions may be exercised by a justice of the peace1The Justices of the Peace Act 1361 in so far as it authorises the taking...2Any enactment authorising a lay magistrate to sign summonses warrants, certificates or other documents or...3Section 5(1) of the General Dealers (Ireland) Act 1903 .4Section 2 . . . of the Game Preservation Act (Northern Ireland) 1928 .Para. 5 rep. by 1985 NI 2Para. 5 rep. by 1985 NI 2Part. 2 rep. by 2002 c. 26Part. 2 rep. by 2002 c. 26SCHEDULE 2INDICTABLE OFFENCES WHICH MAY BE DEALT WITH SUMMARILY UPON CONSENT OF THE ACCUSED1Offences at common law of public nuisance.Para. 2 rep. by 1996 NI 24Para. 2 rep. by 1996 NI 243Offences consisting in contravention of section 13 of the Statutory Declarations Act 1835 (administration by...4Offences under section 36 of the Malicious Damage Act 1861 (obstructing engines or carriages on...5The following offences under the Offences against the Person Act 1861— (a) offences under— (i)...6Offences under section 20 of the Telegraph Act 1868 (disclosing or intercepting messages).7Offences under Part II of the Debtors Act (Ireland) 1872 (punishment of fraudulent debtors, absconding...8Offences under section 5 of the Public Stores Act 1875 (obliteration of marks with intent...9Offences under section 3 of the Submarine Telegraph Act 1885 (damaging submarine cables).10. . . . . . . . . . . . . . ....11Offences under section 13 of the Stamp Duties Management Act 1891 (offences in relation to...Para. 12 rep. by 1988 NI 7Para. 12 rep. by 1988 NI 713Offences under Part IV of the Bankruptcy Amendment Act (Northern Ireland) 1929 (bankrupt or arranging...Para. 14 rep. by SI 2001/1149Para. 14 rep. by SI 2001/114915Any offence which under section 105(1) and (2) (corrupt practice except where there may be...16Offences under section 3(1) of the Shipping Contracts and Commercial Documents Act 1964 (offences), in...17Offences of publishing, exhibiting or selling any indecent or obscene book, writing, picture, or model,...18Offences under the following provisions of the Criminal Law Act (Northern Ireland) 1967— (a) section...19Offences to which section 9 of the Criminal Law Act (Northern Ireland) 1967 applies (aiding,...20Any indictable offence under the Theft Act (Northern Ireland) 1969 except— (a) robbery, aggravated burglary,...21Offences under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and...Para. 22 rep. by 2003 c. 42Para. 22 rep. by 2003 c. 4223. . . . . . . . . . . . . . ....SCHEDULE 3MINIMUM PERIODS OF IMPRISONMENT IN DEFAULT OF PAYMENT OF SUM OR PART OF SUM ADJUDGED TO BE PAID BY A CONVICTION1Subject to the following provisions of this Schedule, the periods set out in the second...2Where the amount of the sum due at the time imprisonment is imposed is such...3In calculating the reduction required under paragraph 2 any fraction of a day shall be...SCHEDULE 4CORPORATIONS1Where a corporation is charged, whether alone or jointly with some other person, with an...2If the corporation appears before a magistrates' court by a representative, any answers to the...3Subject to paragraph 4, where the preliminary investigation or the preliminary inquiry of the offence...4Where any person is charged jointly with a corporation with an indictable offence which may...5In this Schedule— (a) “representative” in relation to a corporation means a person duly appointed...6A representative for the purposes of this Schedule need not be appointed under the seal...SCHEDULE 5TRANSITIONAL PROVISIONS, ETC.PART ITRANSITIONAL PROVISIONS1Where any enactment provides that proceedings may be taken, offences may be prosecuted or sums...PART IICONSTRUCTION OF REFERENCES2References in any enactment relating to proceedings before a magistrates' court to a penal sum...3References in any enactment to the preliminary investigation of an indictable offence shall be construed...4References in any enactment in force on 30th November 1965 to the summary trial of...5References in any enactment to the Summary Jurisdiction Rules Committee or to summary jurisdiction rules...PART IIISAVINGSJuvenile courts6Nothing in this Order shall affect the constitution of juvenile courts constituted in accordance with...Existing rules7All rules (including summary jurisdiction rules) or orders relating to or affecting proceedings in magistrates'...Rights in ejectment proceedings8(1) Nothing in the provisions of this Order relating to ejectment proceedings shall prejudice or...Rights of, and restrictions upon, appeals9(1) Nothing in Part XII shall operate— (a) so as to prejudice any existing right...Para. 10 rep. by 1988 NI 17Para. 10 rep. by 1988 NI 17Para. 10 rep. by 1988 NI 17Other savings11Where a default to which the provisions of Article 99 or 112(3) applies occurred before...12The repeal of paragraphs 10 and 12 of Schedule 3 to the Magistrates' Courts Act...13Nothing in this Schedule prejudices the operation of sections 28 and 29 of the Interpretation...Schedule 6‐AmendmentsSchedule 7‐RepealsStatutory Instruments1981 No. 1675 (N.I. 26)The Magistrates' Courts (Northern Ireland) Order 198124th November 1981