The Magistrates' Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004

Statutory Rules of Northern Ireland

2004 No. 324

MAGISTRATES' COURTS

The Magistrates' Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004

Made

3rd August 2004

Coming into operation in accordance with Rule 1

The Lord Chancellor, in exercise of the powers conferred upon him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981(1) and all other powers enabling him in that behalf, on the advice of the Magistrates' Courts Rules Committee and after consultation with the Lord Chief Justice, hereby makes the following Rules:

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Magistrates' Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004 and shall come into operation on the same day as Article 3 of the Anti-social Behaviour (Northern Ireland) Order 2004(2) comes into operation.

(2) In these Rules –

(a) “the 2004 Order” means the Anti-social Behaviour (Northern Ireland) Order 2004 and expressions used in these Rules and in the 2004 Order have the same meaning as in the 2004 Order; and

(b) a reference to a Form by number means the Form so numbered in the Schedule to these Rules or a Form to the like effect.

Forms

2.—(1) A summons issued on complaint for an anti-social behaviour order under Article 3 of the 2004 Order shall be in Form 1.

(2) An anti-social behaviour order under Article 3 of the 2004 Order shall be in Form 2.

(3) An interim anti-social behaviour order under Article 4 of the 2004 Order shall be in Form 3.

(4) An anti-social behaviour order under Article 6 of the 2004 Order made on conviction in criminal proceedings shall be in Form 4.

Application for variation or discharge

3.—(1) A summons issued on complaint for the variation or discharge of –

(a) an anti-social behaviour order under Article 3 of the 2004 Order;

(b) an interim anti-social behaviour order under Article 4 of the 2004 Order; or

(c) an anti-social behaviour order under Article 6 of the 2004 Order made on conviction in criminal proceedings,

shall be in Form 5, and such proceedings shall be in a magistrates' court acting for the petty sessions district in which the order was made.

Service of documents

4.—(1) Service of any summons under these Rules may be effected –

(a) by serving a copy of the summons on the person or body to be served in person; or

(b) by sending a copy of the summons by ordinary first class post to the person or body to be served at his last-known address (in which cases the summons shall be deemed to have been received by him in the ordinary course of post, unless he proves that he did not receive it).

(2) As soon as reasonably practicable after the making of:

(a) an anti-social behaviour order under Article 3 of the 2004 Order;

(b) an interim anti-social behaviour order under Article 4 of the 2004 Order; or

(c) an anti-social behaviour order under Article 6 of the 2004 Order made on conviction in criminal proceedings,

the clerk of petty sessions shall serve a copy of that order on the defendant –

(i) where the defendant is present, in person if practicable; or

(ii) by sending it by ordinary first class post to the defendant at his last known address (in which cases the order shall be deemed to have been received by him in the ordinary course of post unless the defendant proves that he did not receive it),

and shall send a copy by ordinary first class post to the complainant.

(3) Where the court makes an order varying or discharging an order specified in Rule 3, the clerk of petty sessions shall serve on the defendant a copy of the order as it has been varied or discharged –

(a) where the defendant is present, in person if practicable; or

(b) by sending it by ordinary first class post to the defendant at either his last known address (in which cases the order shall be deemed to have been received by him in the ordinary course of post unless the defendant proves that he did not receive it),

and shall send a copy by ordinary first class post to the complainant.

(4) In paragraph (3) references to the complainant and the defendant are references to the complainant and the defendant in the proceedings in which the order was originally made.

Signed by the authority of the Lord Chancellor

Christopher Leslie

Parliamentary Under-Secretary of State,

Department for Constitutional Affairs

Dated 3rd August 2004

SCHEDULE

(Article 3, Rule 2(1))

FORM 1 ANTI-SOCIAL BEHAVIOUR (NORTHERN IRELAND) ORDER 2004MAGISTRATES' COURTS (ANTI-SOCIAL BEHAVIOUR ORDERS) RULES (NORTHERN IRELAND) 2004

(Article 3, Rule 2(2))

FORM 2 ANTI-SOCIAL BEHAVIOUR (NORTHERN IRELAND) ORDER 2004MAGISTRATES' COURTS (ANTI-SOCIAL BEHAVIOUR ORDERS) RULES (NORTHERN IRELAND) 2004

(Article 4, Rule 2(3))

FORM 3 ANTI-SOCIAL BEHAVIOUR (NORTHERN IRELAND) ORDER 2004MAGISTRATES'COURTS (ANTI-SOCIAL BEHAVIOUR ORDERS) RULES (NORTHERN IRELAND) 2004

(Article 6, Rule 2(4))

FORM 4 ANTI-SOCIAL BEHAVIOUR (NORTHERN IRELAND) ORDER 2004MAGISTRATES' COURTS (ANTI-SOCIAL BEHAVIOUR ORDERS) RULES (NORTHERN IRELAND) 2004

FORM 5 ANTI-SOCIAL BEHAVIOUR (NORTHERN IRELAND) ORDER 2004MAGISTRATES' COURTS (ANTI-SOCIAL BEHAVIOUR ORDERS) RULES (NORTHERN IRELAND) 2004

Explanatory Note

(This note is not part of the Rules.)

These Rules prescribe the procedure for applications under the Anti-social Behaviour (Northern Ireland) Order 2004 (“the 2004 Order”) relating to –

• anti-social behaviour orders;

• interim anti-social behaviour orders; and

• anti-social behaviour orders made on conviction in criminal proceedings.

Rule 2 prescribes the various forms of applications and orders to be used under these Rules.

Rule 3 prescribes the procedure on an application for the variation or discharge of an order made under the 2004 Order.

Rule 4 prescribes the manner in which a summons or an order required to be served under these Rules may be served.

(1)

S.I. 1981/1675 (N.I. 26)

(2)

S.I. 2004/1988 (N.I. 12)