The Magistrates’ Courts (Anti-social Behaviour Orders) (Amendment) Rules (Northern Ireland) 2008

Citation and commencement

1.  These Rules may be cited as the Magistrates’ Courts (Anti-social Behaviour Orders) (Amendment) Rules (Northern Ireland) 2008 and shall come into operation on the 16th July 2008.

Amendment of the Magistrates’ Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004

2.  The Magistrates’ Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004(1) are amended as follows:—

(1) In Rule 2(1), after “Article 3”, insert “or an interim anti-social behaviour order under Article 4”.

(2) After Rule 4, insert the following new Rule—

“Special measures for witnesses

5.   Rules 149AA to 149AH (special measures for vulnerable or intimidated witnesses) of the Magistrates’ Courts Rules (Northern Ireland) 1984 shall apply in relation to proceedings on an application for, or relating to the issue whether to make, vary or discharge an anti-social behaviour order as they apply in relation to criminal proceedings, subject to the following omissions and modifications—

(a) in Rule 149AA(1), for “criminal proceedings”, substitute “proceedings on an application for, or relating to the issue whether to make, vary or discharge an anti-social behaviour order under the Anti-social Behaviour (Northern Ireland) Order 2004”;

(b) Rule 149AA(3)(b) is omitted;

(c) in Rule 149AA, any reference to Form 15B shall be construed as a reference to Form 6 in the Schedule;

(d) in Rule 149AC(1)(a), for “the trial”, substitute “the hearing of any proceedings on an application for, or relating to the issue whether to make, vary or discharge an anti-social behaviour order under the Anti-social Behaviour (Northern Ireland) Order 2004”;

(e) in Rule 149AC(3)(a), after “proceedings”, insert “and, were appropriate, any specified authority”;

(f) Rule 149AF(3) is omitted;

(g) in Rule 149AG(2)(a), “the offence charged” is omitted; and

(h) Rules 149AG(6) to (13) are omitted.”.

(3) In the Schedule—

(a) for Form 1, substitute the new Form 1 set out in the Schedule to these Rules; and

(b) after Form 5, insert the new Form 6 set out in the Schedule to these Rules.

George Conner

W A McNally

Nigel Broderick

John Rea

John P B Maxwell

Dated 16th June 2008