Magistrates' Courts Rules (Northern Ireland) 1984

Form List Sched. 1

SCHEDULE 1 FORMS

1. CRIMINAL PROCEEDINGS

   1. A. FORMS USED IN CONNECTION WITH BOTH SUMMARY TRIAL AND PRELIMINARY INVESTIGATION/INQUIRY

      1. 1. Complaint (Article 20; Rules 7 and 17)

      2. 2. Summons to defendant to answer complaint (Articles 20(1), (2) and (3); Rule 8)

      3. 3. Notice to defendant: plea of guilty by post (Article 24(1)(i); Rule 10)

      4. 4. Statement of facts (Article 24(1)(ii); Rule 10)

      5. 5. Certificate by complainant of service on defendant of Forms 3 and 4 (Article 24(1); Rule 10)

      6. 6. Notification of plea of guilty and statement of mitigating circumstances (Article 24(2); Rule 10)

      7. 7. Notice of intention to cite previous convictions (Article 125; Rule 23(6))

      8. 8. Warrant of arrest (Articles 20(3), (4) and (5), 25, 118 and 138(5); Rules 14 and 143)

      9. 9. Bail endorsement on warrant of arrest (Article 129; Rule 16)

      10. 10. Warrant of commitment on remand [for enquiries after conviction or for medical examination] (Articles 47, 50 and 51; Rules 14 and 143)

      11. 11. Consent to bail on remand (Articles 37 and 47; Rule 16)

      12. 12. Warrant of commitment on further remand of person in custody unable to appear by reason of illness or accident (Article 49; Rules 14 and 143)

      13. 13. Order to have defendant brought before the court before expiration of period of remand (Article 47(5))

   2. B. FORMS USED IN CONNECTION WITH SUMMARY TRIAL

      1. 14. Warrant of commitment on sentence of imprisonment/detention (Article 114; Rules 14, 15 and 143)

   3. C. FORMS USED IN CONNECTION WITH PRELIMINARY INVESTIGATION/INQUIRY

      1. 15. Statement of complaint(s) (Article 32(1)(b)(i); Rules 25 and 32(5) and (6))

      2. 16. Deposition of a witness (Articles 30(2), 34(2) and 39; Rules 26, 27 and 35)

      3. 17. Warrant of commitment for trial (Articles 37, 40 and 47; Rules 14 and 143)

      4. 18. Warrant of commitment of witness for refusing to enter recognizance (Article 39(5); Rules 14 and 143)

      5. 19. Warrant for discharge (Articles 37(4), 39(5) and 148(1); Rules 14, 16(3) and 143)

   4. D. FORMS USED IN CONNECTION WITH PRELIMINARY INQUIRY

      1. 20. Notice of intention to request court to conduct a preliminary inquiry (Article 32(1)(a); Rules 32)

      2. 21. Notice of intention to request court to conduct a preliminary inquiry (Article 32; Rules 31 and 32) (Northern Ireland (Emergency Provisions) Act 1978 (Section 1)

      3. 22. Notice of intention to request court to conduct a preliminary inquiry (extra-territorial offences) (Article 32; Rules 31 and 32) (Criminal Jurisdiction Act 1975) (Section 4(3))

      4. 23. List of witnesses and number of pages in statement of evidence of each witness (Rule 32(4))

      5. 24. List of exhibits to be produced or referred to by witness whose written statement is to be tendered at a preliminary inquiry (Rule 32(1)(b)(iii); Rule 32(5))

      6. 25. Statement of the accused (Articles 30(4) and (5) and 34(3) and (4); Rules 26 and 35)

      7. 26. Statement of witness to be tendered in evidence at preliminary inquiry (Article 33; Rule 39)

      8. 27. Authenticating certificate of clerk of petty sessions (Rule 41)

   5. E. FORMS USED IN CONNECTION WITH COMMITTAL FOR TRIAL OF PERSON AGAINST WHOM AN INDICTMENT HAS BEEN PRESENTED

      1. 28. Certificate of indictment having been presented (Article 40(1))

      2. 29. Warrant to arrest person indicted (Article 40(3); Rules 14 and 143)

   6. F. FORMS USED IN CONNECTION WITH SUMMARY TRIAL OF INDICTABLE OFFENCES SPECIFIED IN SCHEDULE 2 TO THE ORDER

      1. 30. Summons to defendant to answer complaint charging an indictable offence specified in Schedule 2 to the Order (Articles 20 and 45; Rules 8 and 44(1))

      2. 30A. Summons to defendant to answer complaint charging an indictable offence specified in Schedule 2 to the Order which is also a scheduled offence within the meaning of Section 30(1) of the Northern Ireland (Emergency Provisions) Act 1978 (Sections 6, 7 and 30; Schedule 4)

      3. 31. Notice under Article 45 of the Order to be given to an arrested person accused of an offence specified in Schedule 2 to that Order as soon as practicable after he has been formally charged with such offence (Article 45; Rule 44(1)).

      4. 31A. Offences to which Schedule 4 of the Northern Ireland (Emergency Provisions) Act 1978 applies: notice under Article 45 of the Order to be given to an arrested person accused of an offence specified in Schedule 2 to that Order as soon as practicable after he has been formally charged with such offence (Article 45; Rule 44(1))

      5. 32. Written waiver of requirement of notice under Article 45 of the Order (Article 45; Rule 44(2))

      6. 32A. Offences to which Schedule 4 of the Northern Ireland (Emergency Provisions) Act 1978 applies: written waiver of requirement of notice under Article 45 of the Order (Article 45; Rule 44(2))

2. DEBT PROCEEDINGS

   1. 33. Process in debt proceedings (Article 62; Rules 55, 57 and 84)

   2. 34. Notice of set-off or counterclaim in debt proceedings (Rule 85)

   3. 35. Notice of lodgment in court of amount tendered (Rule 90(1))

   4. 36. Decree in debt proceedings (Article 74; Rule 79)

   5. 37. Affidavit/Statutory Declaration of default in payment of instalment in support of application for issue of decree hitherto postponed on terms (Article 116; Rule 91)

   6. 38. Dismiss in debt proceedings (Articles 2(3) and 73(6); Rules 74 and 79)

   7. 39. Process register in debt proceedings (Rule 65)

   8. 40. Memorandum of a debt proceeding entered in the process register (Rule 65(4))

3. EJECTMENT PROCEEDINGS

   1. 41. Process in ejectment proceedings in respect of lands or premises to which sub-paragraph (a) of Article 67(1) of the Order applies (Article 67; Rules 55, 57 and 95).

   2. 42. Process in ejectment proceedings in respect of lands or premises to which sub-paragraph (a) of Article 67 (1) of the Order applies and for the recovery of arrears of rent or sums due under Article 69 of the Order (Articles 67, 69 and 72(3); Rules 55, 57 and 95(5))

   3. 43. Process in ejectment proceedings in respect of lands or premises to which sub-paragraph (b) of Article 67(1) of the Order applies (Article 67; Rules 55, 57 and 95(3))

   4. 44. Process in ejectment proceedings in respect of lands or premises to which sub-paragraph (c) of Article 67(1) of the Order applies (Article 67 and 71; Rules 55; 57 and 95(4))

   5. 45. Decree for recovery of lands or premises to which sub-paragraph (a) of Article 67(1) of the Order applies (Articles 67 and 74; Rule 79)

   6. 46. Decree for recovery of lands or premises to which sub-paragraph (a) of Article 67(1) of the Order applies and for the recovery of arrears of rent or sums due under Article 69 of the Order (Articles 67, 69, 72(3) and 74; Rule 79)

   7. 47. Decree for recovery of lands or premises to which sub-paragraph (b) of Article 67(1) of the Order applies (Articles 67 and 74; Rule 79)

   8. 48. Decree for recovery of lands or premises to which sub-paragraph (c) of Article 67(1) of the Order applies (Articles 67, 71 and 74; Rule 79)

   9. 49. Dismiss in ejectment proceedings in respect of lands or premises to which sub-paragraph (a) of Article 67(1) of the Order applies (Articles 2(3), 67, 73 and 74; Rules 74 and 79)

   10. 50. Dimiss in ejectment proceedings in respect of lands or premises to which sub-paragraph (a) of Article 67(1) of the Order applies and where arrears of rent or sums due under Article 69 of the Order were claimed (Articles 2(3), 67, 69, 72(3), 73 and 74; Rules 74 and 79)

   11. 51. Dismiss in ejectment proceedings in respect of lands or premises to which sub-paragraph (b) of Article 67(1) of the Order applies (Articles 2(3), 67 and 73; Rules 74 and 79)

   12. 52. Dismiss in ejectment proceedings in respect of lands or premises to which sub-paragraph (c) of Article 67(1) of the Order applies (Articles 2(3), 67, 71 and 73; Rules 74 and 79)

   13. 53. Process register in ejectment proceedings (Rule 65)

   14. 54. Memorandum of an ejectment proceeding entered in the process register (Rule 65(4))

4. APPEALS AND APPLICATIONS TO MAGISTRATES' COURTS

   1. 55. Notice of appeal to magistrates' court (Article 76; Rule 97)

   2. 56. Notice of application to magistrates' court (Article 76; Rule 97)

5. PROCEEDINGS ON COMPLAINT IN A CIVIL MATTER

   1. 57. Summons to defendant to answer complaint (Article 79; Rule 8)

   2. 58. Summons to vary, etc., order for periodical payment (Articles 79 and 86; Rule 8)

   3. 59. Order varying, etc., order for periodical payment (Article 86)

6. SATISFACTION AND ENFORCEMENT OF ORDERS

   1. A. ORDERS IN CRIMINAL PROCEEDINGS

      1. 60. Notice to defendant of sum adjudged to be payable by a conviction (Article 91; Rule 105)

      2. 61. Warrant of distress for sum adjudged to be payable by a conviction (Article 92(1)(a); Rules 14, 105, 143 and 144)

      3. 62. Warrant of commitment for sum adjudged to be payable by a conviction (Articles 91 and 92(1)(b); Rules 14, 105 and 143)

      4. 63. Warrant of commitment on commission of further offence during operational period of suspended sentence (Article 114; Rules 14, 15, 108 and 143) (Treatment of Offenders Act (Northern Ireland) 1968 (Section 19(1)(a) or (b))

      5. 64. Summons on complaint for appearance before court by which a suspended sentence has been passed (Rule 8) (Treatment of Offenders Act (Northern Ireland) 1968 (Section 21))

      6. 65. Warrant for arrest of person upon whom a suspended sentence has been passed (Rules 14 and 143) (Treatment of Offenders Act (Northern Ireland) 1968 (Section 21))

      7. 66. Warrant of Commitment where person is ordered under Article 3 (1) of the Treatment of Offenders (Northern Ireland) Order 1976 to be returned to prison (Article 114; Rules 14, 15 and 143) (Treatment of Offenders (Northern Ireland) Order 1976 (Article 3))

      8. 67. Warrant of Commitment to Crown Court under Article 3(4) of the Treatment of Offenders (Northern Ireland) Order 1976 (Article 114; Rules 14, 15 and 143) (Treatment of Offenders (Northern Ireland) Order 1976 (Article 3(4))

      9. 68. Summons upon complaint that person has been convicted as mentioned in Article 3(1)(a) of the Treatment of Offenders (Northern Ireland) Order 1976 after his discharge from prison and has not been ordered to be returned to prison or young offenders centre (Rule 8) (Treatment of Offenders (Northern Ireland) Order 1976 (Article 5))

      10. 69. Warrant for arrest of person who has been convicted as mentioned in Article 3(1)(a) of the Treatment of Offenders (Northern Ireland) Order 1976 after his discharge from prison and who has not been ordered to be returned to prison or a young offenders centre (Rules 14 and 143) (Treatment of Offenders (Northern Ireland) Order 1976 (Article 5))

      11. 70. Transfer of Fine Order (Article 95; Rule 108)

      12. 71. Further transfer of Fine Order (Articles 95 and 96; Rule 108)

      13. 72. Notice of transfer of Fine Order (Article 96; Rule 109)

      14. 73. Attachment of earnings order maintenance (Article 101; Rules 111 and 112)

      15. 74. Temporary variation order (Article 101; Rule 117)

   2. B. ORDERS IN DEBT PROCEEDINGS

      1. 75. Enforcement process under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981 (Rules 128 to 130)

      2. 76. Enforcement order under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981 (Rule 128)

      3. 77. Committal process under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981 (Rule 129)

      4. 78. Committal order made under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981 (Rules 128 and 129)

   3. C. ORDERS IN EJECTMENT PROCEEDINGS

      1. 79. Notice of intention to apply for the issue of ejectment decree for over-holding (Article 116; Rules 131 to 133)

   4. D. ORDERSFORTHEPAYMENT OF SUMS(OTHERTHAN ON CONVICTION) MADE IN PROCEEDINGS UPON COMPLAINT

      1. 80. Complaint for arrears under an order for periodical [lump sum] payment enforceable under Article 98 (as applied by Article 99) of the Order (Articles 98 and 99; Rule 7)

      2. 81. Summons for arrears under an order for periodical [lump sum] payment (Articles 98(1)(a) and 99; Rule 8)

      3. 82. Warrant of arrest for arrears under an order for periodical [lump sum] payment (Articles 98(1)(b) and 99; Rules 14 and 143)

      4. 83. Warrant of distress for arrears (Articles 98(4)(a) and 99; Rules 14, 143 and 144)

      5. 84. Warrant of commitment in default of distress for arrears under an order for periodical [lump sum] payment (Articles 98(5) and 99; Rules 14 and 143)

7. WITNESSES AND EVIDENCE

   1. 85. Summons to witness (Article 118(1); Rule 8)

   2. 86. Certificate of collecting officer of non-payment of sums ordered to be paid (Article 123(a))

   3. 87. Statement of witness to be tendered in evidence under section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (Rule 149) (Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (Section 1))

   4. 88. Notice by complainant of intention to tender written statement at summary trial (Rule 149) (Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (Section 1))

8. RECOGNIZANCES AND FORMS USED IN CONNECTION THEREWITH

   1. 89. Recognizance to appear before a magistrates' court (Articles 47 and 135 to 138; Rules 150 to 153)

   2. 90. Recognizance [constabulary] to appear before a magistrates' court (Articles 130(1)(a) and 135 to 138; Rule 152)

   3. 91. Recognizance to appear at a constabulary station (Articles 130(1)(b) and 135 to 138; Rule 152)

   4. 92. Recognizance to appear at the Crown Court (Articles 37, 51(4) and 135 to 138; Rules 150 and 153)

   5. 93. Recognizance to keep the peace [and] [or] to be of good behaviour (Article 127; Rule 152)

   6. 94. Certificate of proposed surety as to means (Rule 150(5) and (6))

   7. 95. Notice to estreat recognizance (Article 138(3))

   8. 96. Warrant of distress and commitment in default of distress for sum forfeited upon the estreat of a recognizance (Article 138(4); Rules 14, 143 and 144)

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

   1. A. APPEALS TO THE COUNTY COURT

      1. 97. Notice of appeal to county court (Article 144; Rule 154)

      2. 98. Form of appeal to county court (Rules 154, 155 and 156)

      3. 99. Recognizance to prosecute appeal to county court [not] conditioned for bail (Articles 135 to 138 and 148; Rules 150 to 153)

      4. 100. Notice by clerk of petty sessions to chief clerk of abandonment of appeal to the county court (Article 150(1))

   2. B. APPEALS BY WAY OF C,\SE STATED TO COURT OF APPEAL

      1. 101. Application to court to state a case (Article 146; Rule 158)

      2. 102. Court's certificate of refusal to state a case (Article 146(4))

      3. 103. Case stated by magistrates' court (Article 146; Rule 160)

      4. 104. Recognizance to prosecute appeal to Court of Appeal [not] conditioned for bail (Articles 135 to 138 and 148; Rules 150 to 153)

      5. 105. Notice by clerk of petty sessions to respondent that appellant has abandoned an appeal by way of case stated (Article 150(2))

10. MISCELLANEOUS

    1. 106. Certificate of conviction or order (Rule 20)

    2. 107. General form for enforcement of conviction or order (Part IX)

    3. 108. Affidavit of service of summons on defendant (Articles 23(2), 25(3), 81 (2) and 126; Rule 11).

    4. 109. Affidavit of service of summons for offence where summons served in England and Wales or Scotland (Articles 23(2), 25(3) and 126; Rule 12)

    5. 110. Affidavit of service of summons on witness (Articles 118(3) and 126; Rule 11)

    6. 111. Affidavit of service of a process by a summons server or a person who has received permission to serve the process (Article 126; Rules 58, 59 and 63)

    7. 112. Receipt for prisoner (Rule 143(4))

    8. 113. Order for taking fingerprints and palm prints (Article 61)

    9. 114. Warrant directing person apparently entitled thereto to be put in possession of premises (Article 158; Rule 14) (Summary Jurisdiction (Miscellaneous Provisions) Act (Northern Ireland) 1946 (Section 1))

    10. 115. General form of affidavit of service of notice, etc. (Article 126; Rule 148)

    11. 116. Warrant of commitment on remand in hospital (Article 47; Rules 14, 143 and 164)

    12. 117. Certificate by or on behalf of complainant that summons sent by registered post or recorded delivery service and returned as undelivered will, if delivered by ordinary post, come to notice of person to be served (Rule 13(8)(e))

    13. 118. Statement of dates on which defendant remanded (Rules 28(2)(1) and 42(1)(o))

    14. 119. Notice of direction made by Court of Appeal (Article 152)

    15. 120. Application requesting that warrant of commitment be cancelled (Article 113)

CRIMINAL PROCEEDINGS

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

(Article 20; Rules 7 and 17)

FORM 1 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Complaint

(Article 20(1), (2) and (3); Rule 8)

FORM 2 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Summons to Defendant to answer Complaint

(Article 24(1)(i); Rule 10)

FORM 3 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice to Defendant: Plea of Guilty by post

(Article 24(1)(ii); Rule 10)

FORM 4 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Statement of Facts

(Article 24(1); Rule 10)

FORM 5 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Certificate by Complainant of Service on Defendant of Forms 3 and 4

(Article 24(2); Rule 10)

FORM 6 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notification of Plea of Guilty and Statement of Mitigating Circumstances

(Article 125; Rule 23(6))

FORM 7 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Intention to Cite Previous Convictions

(Articles 20(3), (4) and (5), 25, 118 and 138(5); Rules 14 and 143)

FORM 8 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Arrest

(Article 129; Rule 16)

FORM 9 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Bail Endorsement on Warrant of Arrest

(Articles 47, 50 and 51; Rules 14 and 143)

FORM 10 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment on Remand [for enquiries after Conviction or for Medical Examination]

(Articles 37 and 47; Rule 16)

FORM 11 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Consent to Bail on Remand

(Article 49; Rules 14 and 143)

FORM 12 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment on further Remand of Person in Custody unable to appear by reason of Illness or Accident

(Article 47(5))

FORM 13 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Order to have Defendant brought before the Court before Expiration of Period of Remand

B. Forms used in connection with Summary Trial.

(Article 114; Rules 14, 15 and 143)

FORM 14 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment on Sentence of Imprisonment/Detention

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

(Article 32(1)(b)(i); Rules 25 and 32(5) and (6))

FORM 15 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Statement of Complaint(s)

(Articles 30(2), 34(2) and 39; Rules 26, 27 and 35)

FORM 16 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Deposition of a Witness

(Articles 37, 40 and 47; Rules 14 and 143)

FORM 17 MAGISTRATES; COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment for Trial

(Article 39(5); Rules 14 and 143)

FORM 18 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment of Witness for refusing to enter Recognizance

(Articles 37(4), 39(5) and 148(1); Rules 14, 16(3) and 143)

FORM 19 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant for Discharge

D. Forms used in connection with Preliminary Inquiry.

(Article 32(1)(a); Rule 32)

FORM 20 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Intention to Request Court to Conduct a Preliminary Inquiry

FORM 21

FORM 22

(Rule 32(4))

FORM 23 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

List of Witnesses and Number of Pages in Statement of Evidence of each Witness

(Article 32(1)(b)(iii); Rule 32(5))

FORM 24 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

List of Exhibits to be Produced or Referred to by Witness whose Written Statement is to be Tendered at a Preliminary Inquiry

(Articles 30(4) and (5), 34(3) and (4); Rules 26 and 35)

FORM 25 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Statement of the Accused

(Article 33; Rule 39)

FORM 26 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Statement of Witness to be Tendered in Evidence at Preliminary Inquiry

(Rule 41)

FORM 27 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Authenticating Certificate of Clerk of Petty Sessions

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

(Article 40(1))

FORM 28 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Certificate of Indictment having been Presented

(Article 40(3); Rules 14 and 143)

FORM 29 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant to arrest Person Indicted

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

(Articles 20 and 45; Rules 8 and 44(1))

FORM 30 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

FORM 30A

(Article 45; Rule 44(1))

FORM 31 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice under Article 45 of the above Order of 1981 to be given to an arrested person accused of an offence specified in Schedule 2 to that Order as soon as practicable after he has been formally charged with such Offence.

(Article 45; Rule 44(1))

FORM 31A MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Offences to which Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1978 applies:

Notice under Article 45 of the Order to be given to an arrested person accused of an offence specified in Schedule 2 to that Order as soon as practicable after he has been formally charged with such offence.

(Article 45; Rule 44(2))

FORM 32 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Written Waiver of Requirement of Notice under Article 45 of the Order

(Article 45; Rule 44(2))

FORM 32A MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Offences to which Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1978 applies:

Written Waiver of Requirement of Notice under Article 45 of the Order

DEBT PROCEEDINGS

(Article 62; Rules 55, 57 and 84)

FORM 33 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Process in Debt Proceedings

(Rule 85)

FORM 34 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Set-off or Counterclaim in Debt Proceedings

(Rule 90(1))

FORM 35 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Lodgment in Court of Amount Tendered

(Article 74; Rule 79)

FORM 36 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Decree in Debt Proceedings

(Article 116; Rule 91)

FORM 37 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Affidavit/Statutory Declaration of Default in Payment of Instalment in support of Application for Issue of Decree Hitherto Postponed on Terms

(Articles 2(3) and 73(6); Rules 74 and 79)

FORM 38 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Dismiss in Debt Proceedings

(Rule 65)

FORM 39 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Rule 65(4))

FORM 40 MAGISTRATES' CQURTS (NORTHERN IRELAND) ORDER 1981

EJECTMENT PROCEEDINGS

(Article 67; Rules 55, 57 and 95)

FORM 41 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Process in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies

(Articles 67, 69 and 72(3); Rules 55, 57 and 95(5))

FORM 42 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Process in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies and for the Recovery Arrears of Rent or Sums due under Article 69 of the Order

(Article 67; Rules 55, 57 and 95(3))

FORM 43 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Process in Ejectment Proceedings 'in respect of Lands or Premises to which sub-paragraph (b) of Article 67(1) of the Order Applies

(Articles 67 and 71; Rules 55, 57 and 95(4))

FORM 44 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Process in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (c) of Article 67(1) of the Order Applies

(Articles 67 and 74; Rule 79)

FORM 45 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Decree for Recovery of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies

(Articles 67, 69, 72(3) and 74; Rule 79)

FORM 46 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Decree for Recovery of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies and for the Recovery of Arrears of Rent or Sums due under Article 69 of the Order

(Articles 67 and 74; Rule 79)

FORM 47 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Decree for Recovery of Lands or Premises to which sub-paragraph (b) of Articles 67(1) of the Order Applies

(Articles 67, 71 and 74; Rule 79)

FORM 48 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Decree for Recovery of Lands or Premises to which sub-paragraph (c) of Article 67(1) of the Order Applies

(Articles 2(3), 67, 73 and 74; Rules 74 and 79)

FORM 49 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Dismiss in Ejectment Proceedings in Respect of Lands or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies

(Articles 2(3), 67, 69, 72(3), 73 and 74; Rules 74 and 79)

FORM 50 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Dismiss in Ejectment Proceedings in respect of Land or Premises to which sub-paragraph (a) of Article 67(1) of the Order Applies and where Arrears of Rent or Sums due under Article 69 of the Order were Claimed

(Articles 2(3), 67 and 73; Rules 74 and 79)

FORM 51 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Dismiss in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (b) of Article 67(1) of the Order Applies

(Articles 2(3), 67, 71 and 73; Rules 74 and 79)

FORM 52 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Dismiss in Ejectment Proceedings in respect of Lands or Premises to which sub-paragraph (c) of Article 67(1) of the Order Applies

(Rule 65)

FORM 53 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Rule 65(4))

FORM 54 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

APPEALS AND APPLICATIONS TO MAGISTRATES' COURTS

(Article 76; Rule 97)

FORM 55 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Appeal to Magistrates' Court

(Article 76; Rule 97)

FORM 56 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Application to Magistrates' Court

PROCEEDINGS ON COMPLAINT IN A CIVIL MATTER

(Article 79; Rule 8)

FORM 57 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Summons to Defendant to Answer Complaint

(Articles 79 and 86; Rule 8)

FORM 58 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Summons to Vary, etc., Order for Periodical Payment

(Article 86)

FORM 59 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Order Varying, etc., Order for Periodical Payment

SATISFACTION AND ENFORCEMENT OF ORDERS

A. Orders in Criminal Proceedings

(Article 91; Rule 105)

FORM 60 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice to Defendant of Sum Adjudged to be Payable by a Conviction

(Article 92(1)(a); Rules 14, 105, 143 and 144)

FORM 61 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Distress for Sum Adjudged to be Payable by a Conviction

(Articles 91 and 92 (1)(b); Rules 14, 105 and 143)

FORM 62 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment for Sum Adjudged to be Payable by a Conviction

FORM 63

FORM 64

FORM 65

FORM 66

FORM 67

FORM 68

FORM 69

(Article 95; Rule 108)

FORM 70 MAGISTRATES' COURTS (,NORTHERN IRELAND) ORDER 1981

Transfer of Fine Order

(Articles 95 and 96; Rule 108)

FORM 71 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Further Transfer of Fine Order

(Article 96; Rule 109)

FORM 72 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Transfer of Fine Order

(Article 101; Rules 111 and 112)

FORM 73 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 101; Rule 117)

FORM 74 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

B. Orders in Debt Proceedings

(Rules 128 to 130)

FORM 75 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Enforcement Process under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981

(Rule 128)

FORM 76 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Enforcement Order under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981

(Rule 129)

FORM 77 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Committal Process under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981

(Rules 128 and 129)

FORM 78 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Committal Order under Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981

C. Orders in Ejectment Proceedings

(Article 116; Rules 131 to 133)

FORM 79 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Intention to Apply for the Issue of Ejectment Decree for Overholding

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

(Articles 98 and 99; Rule 7)

FORM 80 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Complaint for Arrears under an Order for Periodical [Lump Sum] Payment enforceable under Article 98 (as applied by Article 99) of the Order

(Articles 98(1)(a) and 99; Rule 8)

FORM 81 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Summons for Arrears under an Order for Periodical [Lump Sum] Payment

(Articles 98(1)(b) and 99; Rules 14 and 143)

FORM 82 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Arrest for Arrears under an Order for Periodical [Lump Sum] Payment

(Articles 98(4)(a) and 99; Rules 14, 143 and 144)

FORM 83 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Distress for Arrears

(Articles 98(5) and 99; Rules 14 and 143)

FORM 84 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment in Default of Distress for Arrears under an Order for Periodical [Lump Sum] Payment

WITNESSES AND EVIDENCE

(Article 118(1); Rule 8)

FORM 85 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Summons to Witness

(Article 123(a))

FORM 86 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Certificate of Collecting Officer of Non-Payment of Sums Ordered to be Paid

FORM 87

FORM 88

RECOGNIZANCES AND FORMS USED IN CONNECTION THEREWITH

(Articles 47 and 135 to 138; Rules 150 to 153)

FORM 89 MAGISTRATES' COURTS (NORTHERN lRELAND) ORDER 1981

Recognizance to Appear before a Magistrates' Court

(Articles 130(1)(a) and 135 to 138; Rule 152)

FORM 90 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Recognizance [Constabulary] to appear before a Magistrates' Court

(Articles 130(1)(b) and 135 to 138; Rule 152)

FORM 91 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Recognizance to Appear at a Constabulary Station

(Articles 37, 51(4) and 135 to 138; Rules 150 and 153)

FORM 92 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Recognizance to Appear at the Crown Court

(Article 127; Rule 152)

FORM 93 MAGISTRATES' COURTS (NORTHERN IRELAND) QRDER 1981

Recognizance to keep the Peace [and] [or] to be of Good Behaviour

(Rule 150(5) and (6))

FORM 94 MAGISTRATES COURTS (NORTHERN IRELAND) ORDER 1981

Certificate of Proposed Surety as to Means

(Article 138(3))

FORM 95 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice to Estreat Recognizance

(Article 138(4): Rules 14, 143 and 144)

FORM 96 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Distress and Commitment in Default of Distress for Sum Forfeited upon the Estreat of a Recognizance

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

A. Appeals to County Court

(Article 144; Rule 154)

FORM 97 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Appeal to the County Court

(Rules 154, 155 and 156)

FORM 98 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Form of Appeal to County Court

(Articles 135 to 138 and 148; Rules 150 to 153)

FORM 99 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Recognizance to Prosecute Appeal to County Court [Not] Conditioned for Bail

(Article 150(1))

FORM 100 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice by Clerk of Petty Sessions to Chief Clerk of Abandonment of Appeal to the County Court

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

(Article 146; Rule 158)

FORM 101 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Application to Court to State a Case

(Article 146(4))

FORM 102 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Court's Certificate of Refusal to State a Case

(Article 146; Rule 160)

FORM 103 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Case Stated by Magistrates' Court

(Articles 135 to 138 and 148; Rules 150 to 153)

FORM 104 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Recognizance to Prosecute Appeal to Court of Appeal [Not] Conditioned for Bail

(Article 150(2))

FORM 105 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice to Respondent that Appellant has Abandoned an Appeal by way of Case Stated

MISCELLANEOUS

(Rule 20)

FORM 106 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Certificate of Conviction or Order

(Part IX)

FORM 107 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

General Form for Enforcement of Conviction or Order

(Articles 23(2), 25(3), 81(2) and 126; Rule 11)

FORM 108 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Affidavit of Service of Summons on Defendant

(Articles 23(2), 25(3) and 126; Rule 12)

FORM 109 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Affidavit of Service of Summons for Offence where Summons Served in England and Wales or Scotland

(Articles 118(3) and 126; Rule 11)

FORM 110 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Affidavit of Service of Summons on Witness

(Article 126; Rules 58, 59 and 63)

FORM 111 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Affidavit of Service of a Process by a Summons Server or a Person who has Received Permission to Serve the Process

(Rule 143(4))

FORM 112 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER) 1981

Receipt for Prisoner

(Article 61)

FORM 113 MAGISTRATES'COURTS (NORTHERN IRELAND) ORDER 1981

Order for taking Finger-prints and Palm-prints

FORM 114

(Article 126; Rule 148)

FORM 115 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

General Form of Affidavit of Service of Notice, etc.

(Article 47; Rules 14, 143 and 163)

FORM 116 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Warrant of Commitment on Remand in Hospital

(Rule 13(8)(e))

FORM 117 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Certificate by or on behalf of Complainant that Summons Sent by Registered Post or Recorded Delivery Service and Returned as Undelivered will, if Delivered by Ordinary Post, come to Notice of Person to be Served

(Rules 28(2)(1) and 42(1)(o))

FORM 118 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981MAGISTRATES' COURTS RULES 1983

Statement of Dates on which Defendant Remanded

(Article 152)

FORM 119 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Notice of Direction made by Court of Appeal

(Article 113)

FORM 120 MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

Application Requesting that Warrant of Commitment be Cancelled

Sched. 2

SCHEDULE 2 Debt Proceedings

TABLE 1: PLAINTIFF'S COSTS (UNDEFENDED¹ PROCEEDINGS)

In proceedings where amount decreed—	Solicitor's costs2
(1)	(2)
1 For proceedings treated as undefended see Rule 72.
2 See Rule 57(2): Only 50% of costs specified in column (2) payable where defendant pays amount due before entry day. Judgments Enforcement (Northern Ireland) Order 1981: Part VIII—Costs of enforcement order under Rule 128(2)(a) shall be in accordance with this Table as if the total amount ordered to be paid were the amount decreed. Costs of a committal order following upon an enforcement order or an attachment of earnings order shall be one half of amount of costs appropriate to an enforcement order.
(i) does not exceed £30	£10.00
(ii) exceeds £30	£15.00

TABLE 2: PLAINTIFF'S COSTS (DEFENDED PROCEEDINGS)

In actions where amount decreed—	Solicitor's costs	Counsel's fee
(1)	(2)	(3)
(i) Does not exceed £30	£12.00	£6.00
(ii) exceeds £30	£30.00	£12.00

TABLE 3: DEFENDANT'S COSTS (DEFENDED PROCEEDINGS)

In actions where amount claimed—	Solicitor's costs	Counsel's fee
(1)	(2)	(3)
(i) does not exceed £30	£11.00	£6.00
(ii) exceeds £30	£28.00	£12.00

SCHEDULE 3 Ejectment Proceedings^*

TABLE 1: PLAINTIFF'S COSTS

Solicitor's costs 1 2 4	Counsel's fee 3 4
(1)	(2)
1 See Rule 57(2) and (3): Only 50% of solicitor's costs in column (1) payable where defendant delivers up possession and, where appropriate, pays any arrears of rent or any sum due under Article 69 of the Order before entry day.
2 Where case of exceptional complexity or difficulty the court may certify an amount exceeding the scale figure.
3 No fee to be allowed for counsel where proceedings are undefended unless court otherwise orders.
4 This Table includes proceedings where a claim for rent or sums due under Article 69 of the Order is joined with a claim for the recovery of premises.
* “Ejectment proceedings” means proceedings for the recovery of premises to which Article 67 of the Order applies (including cases of permissive occupancy) and see Note 4.
£15.00	£8.00

TABLE 2: DEFENDANT'S COSTS

Solicitor's costs	Counsel's fee
(1)	(2)
£14.00	£8.00