The Magistrates' Courts (Amendment No. 3) Rules (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the Magistrates' Courts Rules (Northern Ireland) 1984 (“the principal Rules”) to take account of section 10 of the Justice (Northern Ireland) Act 2004 (“the 2004 Act”).

Rule 2(1) inserts new Rule 161A into the principal Rules which prescribes the procedures which apply to an appeal under section 10 of the 2004 Act by the prosecution against the grant of bail by a magistrates' court. New Rule 161A provides that –

• oral notice of the appeal shall be given to the clerk of the court and to the person concerned at the conclusion of the proceedings in which the bail was granted;

• the court shall remand in custody the person concerned until the appeal is determined or otherwise disposed of;

• written notice of appeal shall be served on the clerk of petty sessions and the person concerned within two hours of the oral notice being given; and

• where the prosecution fails to serve the written notice of appeal, or subsequently abandons that appeal, the clerk of petty sessions shall direct the release of the person concerned on bail as granted by the court.

Rule 2(2) amends Schedule 1 to the principal Rules by;

• inserting after Form 10B, the new Form 10C in the Schedule to these Rules; and

• inserting after Form 91E, the new Forms 91F to 91I in the Schedule to these Rules.