Magistrates' Courts Rules (Northern Ireland) 1984

1. Introductory Text

2. PART I Citation, Interpretation and Commencement, Etc.

   1. 1. Citation

   2. 2. Interpretation

   3. 3. Commencement

   4. 4. Revocation of existing rules

   5. 5. Saving for the Magistrates' Courts (Children and Young Persons) Rules (Northern Ireland) 1969

3. PART II Documents

   1. 6. Wording, etc., of documents

   2. 7. Form of complaint

   3. 8. Form of summons

   4. 9. Preparation of summons

   5. 10. Plea of guilty by post

   6. 11. Service of summons

   7. 12. Service of a summons in England and Wales or Scotland

   8. 13. Postal service of summonses other than for offences prosecuted by the Royal Ulster Constabulary

   9. 14. Form of warrant or order

   10. 15. Separate warrants to be issued for each sentence imposed

   11. 16. Endorsement of warrants of commitment as to release on bail

   12. 17. Binding over complainant to prosecute or give evidence upon issue of warrant

   13. 18. Withdrawal of warrants

   14. 19. The Order Book

   15. 20. Certificate of conviction or order

   16. 21. Documents taken by or made before resident magistrates or justices of the peace sitting out of petty sessions

   17. 22. Signing of documents on behalf of clerk of petty sessions

4. PART III Criminal Proceedings

   1. A. SUMMARY TRIAL

      1. 23. Order of proceedings on the hearing of a complaint charging a summary offence

   2. B. RIGHT TO CLAIM TRIAL BY JURY FOR CERTAIN SUMMARY OFFENCES

      1. 24. Procedure in relation to certain offences to which Article 29 of the Order applies

   3. C. PRELIMINARY INVESTIGATIONS

      1. 25. Service of statement of complaint before preliminary investigation

      2. 26. Proceedings at a preliminary investigation

      3. 27. Procedure for binding witnesses and prosecutor over to attend trial

      4. 28. Documents and exhibits to be sent to the court of trial

      5. 29. Supply of depositions and complaint to accused

      6. 30. Adjourned preliminary investigation

   4. D. PRELIMINARY INQUIRIES

      1. 31. Interpretation of Rules 32 to 42

      2. 32. Service on clerk of petty sessions of notice of intention by prosecutor to request court to hold preliminary inquiry

      3. 33. Service on accused of copy of notice and of documents referred to in Article 32(1) of the Order

      4. 34. Objection to preliminary inquiry

      5. 35. Conduct of preliminary inquiry

      6. 36. Modification of Rules where accused is a corporation

      7. 37. Court may address accused through court official

      8. 38. Proof by formal admission

      9. 39. Written statement of evidence to be in prescribed form and exhibits to be properly identified

      10. 40. Procedure where court decides not to admit statement or part thereof as evidence

      11. 41. Authentication of statements, depositions or admissions

      12. 42. Documents and exhibits referred to, etc., at preliminary inquiry to be sent to the court of trial

   5. E. INDICTABLE OFFENCES DEALT WITH SUMMARILY

      1. 43. Conditions to be complied with before preliminary investigation or inquiry

      2. 44. Written notice under Article 45 (1) of the Order

      3. 45. Procedure where court decides to deal with an indictable offence summarily under Article 45 of the Order

      4. 46. Conviction of offence other than that charged where indictable offence dealt with summarily

      5. 47. Preservation of depositions where indictable offence is dealt with summarily

   6. F. DEPOSITIONS OF SICK OR DYING PERSONS

      1. 48. Taking of depositions under Article 28 or 41 of the Order

   7. G. REMANDS

      1. 49. Remand for inquiry into physical or mental condition

      2. 50. Remand on bail under Article 47(4) of the Order for longer than eight or, as the case may be, fourteen days where sureties have not entered recognizances

      3. 51. Accused to be told of his right to apply to High Court or Crown Court for bail

   8. H. FORMAL ADMISSIONS

      1. 52. Formal admissions under section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968

5. PART IV Debt and Ejectment Proceedings

   1. A. RULES APPLICABLE TO BOTH DEBT AND EJECTMENT PROCEEDINGS

      1. 53. Definitions

      2. 54. Time of issue of process

      3. 55. Signature on process

      4. 56. Times of hearing of processes

      5. 57. Costs of process to be stated

      6. 58. Modes of service of process

      7. 59. Persons entitled to serve processes

      8. 60. Special mode of service

      9. 61. Time for service

      10. 62. Summons server's Process Book

      11. 63. Person other than summons server to prove service

      12. 64. Service deemed good

      13. 65. Process Register and extract therefrom

      14. 66. Entry of process

      15. 67. Re-entry of process where hearing adjourned.

      16. 68. Striking out of proceeding

      17. 69. Withdrawal of proceeding

      18. 70. Order on consent where defendant appears

      19. 71. Order on written consent

      20. 72. Undefended proceedings

      21. 73. Order where more than one defendant

      22. 74. Dismiss

      23. 75. Procedure where previous dismiss is produced

      24. 76. Where process not entered by plaintiff it may be entered on application of defendant

      25. 77. Preparation of forms in debt or ejectment proceedings

      26. 78. Disposal of process

      27. 79. Signing of formal orders in debt or ejectment proceedings

      28. 80. Transfer of proceedings to county court

      29. 81. Enlargement or abridgement of times

      30. 82. Effect of non-compliance with Rules

      31. 83. Claims for rent joined under Article 72(3) of the Order with claims in ejectment

   2. B. RULES APPLICABLE TO DEBT PROCEEDINGS

      1. 84. Contents of process in debt proceedings

      2. 85. Set-off or counterclaim

      3. 86. Details of claim, set-off or counterclaim may be demanded

      4. 87. Order where debt paid before hearing

      5. 88. Order where payments made on account before hearing

      6. 89. Dismiss on proof of set-off or counterclaim

      7. 90. Tender

      8. 91. Issue of decree after postponement subject to payment by instalments

      9. 92. Costs in debt proceedings

      10. 93. Interest on amount awarded

      11. 94. Postponement of issue of decree to be stay of enforcement for purposes of Article 116(3) of the Judgments Enforcement (Northern Ireland) Order 1981

   3. C. RULES APPLICABLE TO EJECTMENT PROCEEDINGS

      1. 95. Contents of process in ejectment proceedings

      2. 96. Costs in ejectment proceedings

6. PART V Appeals or Applications commenced by Notice under Part VII of the Order

   1. 97. Signature on notice

   2. 98. Time of service of notice

   3. 99. Copy of decision or determination appealed from to be lodged

   4. 100. Manner of service of notice

   5. 101. Times of hearing of appeals or applications

7. PART VI Proceedings upon a Complaint in a Civil Matter

   1. 102. Order of Proceedings at the hearing of a complaint in a civil matter

   2. 103. Entries in Order Book

   3. 104. Method of making periodical payments

8. PART VII Satisfaction and Enforcement of Orders

   1. A. SUMS ADJUDGED TO BE PAYABLE

      1. 105. Notice to defendant of sum adjudged to be payable by a conviction

      2. 106. Orders for supervision

   2. B. FINANCIAL PENALTY ENFORCEMENT ORDERS

      1. 107. Financial penalty enforcement orders

   3. C. TRANSFER OF FINE ORDERS

      1. 108. Transfer of Fine Order sent to England and Wales or Scotland

      2. 109. Transfer of fine order sent from England and Wales or Scotland

   4. D. ATTACHMENT OF EARNINGS

      1. 110. Interpretation of Rules 111 to 121

      2. 111. Attachment of earnings order

      3. 112. Service of orders and notices

      4. 113. Particulars of defendant

      5. 114. Notice of application for appropriate variation order

      6. 115. Variation of attachment of earnings order on change of employment

      7. 116. Variation or discharge of attachment of earnings order by court of its own motion

      8. 117. Temporary variation of protected earnings rate

      9. 118. Consolidated attachment orders

      10. 119. Disposal of sums paid under consolidated attachment orders

      11. 120. Method of making payment under attachment of earnings order

      12. 121. Enforcement of Judgments Office records

   5. E. SUSPENDED SENTENCES

      1. 122. Suspended sentences to be dealt with only in petty sessions

      2. 123. Evidence of conviction to be sent to the Crown Court

   6. F. PROBATION AND ABSOLUTE OR CONDITIONAL DISCHARGE

      1. 124. Entry of probation order, absolute or conditional discharge

      2. 125. Entry of order made under section 4 or 6 of Probation Act (Northern Ireland) 1950 upon breach of probation order or commission of further offence

      3. 126. Notification of discharge, etc., of probation orders, etc.

   7. G. DEFERMENT OF SENTENCE

      1. 127. Notification of conviction before expiration of period of deferment

   8. H. ENFORCEMENT OF ORDERS MADE IN DEBT PROCEEDINGS

      1. 128. Enforcement process and order

      2. 129. Committal process and order

      3. 130. Service of process issued under Rule 128 or 129

   9. I. ENFORCEMENT OF ORDERS MADE IN EJECTMENT PROCEEDINGS

      1. 131. Postponement of issue of decree for possession and application for the issue of the decree

      2. 132. Signature on notice of application for the issue of decree for possession

      3. 133. Service and lodgment of notice of application

      4. 134. Entry of minute of order on application under Rule 131

   10. J. OTHER PROVISIONS AS TO THE ENFORCEMENT OF ORDERS IN DEBT OR EJECTMENT PROCEEDINGS

       1. 135. Duration of committal orders

       2. 136. Duplicate orders

   11. K. OTHER MATTERS IN RELATION TO THE ENFORCEMENT OF ORDERS

       1. 137. Order allowing time for payment or for payment by instalments in proceedings upon complaint

       2. 138. Application for further time to pay or for payment to be by instalments in proceedings upon complaint

       3. 139. Direction that money found on defaulter shall not be applied in satisfaction of sum adjudged to be paid by a conviction or in proceedings under Article 98 of the Order

       4. 140. To whom payments of sums ordered to be paid in proceedings upon complaint are to be made

       5. 141. Payment where imprisonment imposed

       6. 142. Part payment of sums to clerk of petty sessions

       7. 143. Execution of warrants in proceedings upon complaint

       8. 144. Execution of distress warrant by the Royal Ulster Constabulary

       9. 145. Warrants of distress issued under Article 109 of the Order

       10. 146. Costs of warrant to be added to sum due under warrant of commitment or distress

       11. 147. Application for review of warrant of commitment

9. PART VIII Evidence

   1. 148. Affidavits and declarations

   2. 149. Proof by written statement in criminal proceedings (other than at a preliminary inquiry)

10. PART IX Recognizances

    1. 150. Taking of recognizances

    2. 151. Deposit of recognizance with clerk of petty sessions

    3. 152. Recognizances taken under Article 129 or 130 of the Order

    4. 153. Taking of recognizances of accused and sureties where court has certified consent to bail and accused has been remanded in custody

11. PART X Appeals

    1. A. APPEAL TO THE COUNTY COURT

       1. 154. Notice of appeal, recognizances, etc.

       2. 155. Documents to be sent to the chief clerk and to the parties to the appeal

       3. 156. Procedure after appeal to the county court is determined

       4. 157. Return of recognizance where notice of abandonment of appeal to the county court has been given

    2. B. APPEAL BY WAY OF CASE STATED

       1. 158. Contents of and signature upon written application for case stated

       2. 159. Notification of decision to grant application for case stated

       3. 160. Preparation and contents of case stated

    3. C. OTHER MATTERS IN RELATION TO APPEALS TO THE COUNTY COURT AND BY WAY OF CASE STATED

       1. 161. Appellant to be told of his right to apply to the High Court for release from custody or reduction of bail pending hearing of appeal

12. PART XI Miscellaneous

    1. 162. Adjournments in proceedings upon summons etc., where date of resumption thereof to be fixed

    2. 163. Remands in hospital

    3. 164. Service of copy of order to which Article 98 of the Order applies

13. Signature

14. 1. SCHEDULE 1

       FORMS

       1. CRIMINAL PROCEEDINGS

          1. A. Forms used in connection with both Summary Trial and Preliminary Investigation/Inquiry

          2. B. Forms used in connection with Summary Trial.

          3. C. Forms used in connection with Preliminary Investigation/Inquiry.

          4. D. Forms used in connection with Preliminary Inquiry.

          5. E. Forms used in Connection with Committal for Trial of Person against whom an Indictment has been Presented.

          6. F. Forms used in connection with Summary Trial of Indictable Offences specified in Schedule 2 to the Order

       2. DEBT PROCEEDINGS

       3. EJECTMENT PROCEEDINGS

       4. APPEALS AND APPLICATIONS TO MAGISTRATES' COURTS

       5. PROCEEDINGS ON COMPLAINT IN A CIVIL MATTER

       6. SATISFACTION AND ENFORCEMENT OF ORDERS

          1. A. Orders in Criminal Proceedings

          2. B. Orders in Debt Proceedings

          3. C. Orders in Ejectment Proceedings

          4. D. Orders for the payment of sums (other than on conviction) made in proceedings upon complaint

       7. WITNESSES AND EVIDENCE

       8. RECOGNIZANCES AND FORMS USED IN CONNECTION THEREWITH

       9. APPEALS TO COUNTY COURT AND BY WAY OF CASE STATED TO COURT OF APPEAL

          1. A. Appeals to County Court

          2. B. Appeals by way of Case Stated to Court of Appeal

       10. MISCELLANEOUS

    2. SCHEDULE 2

       Debt Proceedings

    3. SCHEDULE 3

       Ejectment Proceedings

15. Explanatory Note