- Latest available (Revised)
- Point in Time (01/01/2012)
- Original (As made)
Version Superseded: 05/07/2016
Point in time view as at 01/01/2012.
There are currently no known outstanding effects for the The Magistrates’ Courts (Banning Orders) Rules (Northern Ireland) 2011.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Statutory Rules of Northern Ireland
Magistrates’ Courts
Made
9th December 2011
Coming into operation in accordance with rule 1
The Magistrates’ Courts Rules Committee makes the following Rules in exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981(1), after consultation with the Department of Justice and with the agreement of the Lord Chief Justice.
1.—(1) These Rules may be cited as the Magistrates’ Courts (Banning Orders) Rules (Northern Ireland) 2011 and shall come into operation on the same day as Part 4, Chapter 4 of the Justice Act (Northern Ireland) 2011(2) comes into operation.
(2) In these Rules—
(a)“the 2011 Act” means the Justice Act (Northern Ireland) 2011 and expressions used in these Rules and in the 2011 Act have the same meaning as in the 2011 Act;
(b)“P” means the person who is subject to the banning order; and
(c)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.
Commencement Information
I1Rule. 1 not in operation at made date, see rule. 1
2.—(1) A banning order under section 41 of the 2011 Act shall be in Form 1.
(2) An order terminating a banning order under section 47 of the 2011 Act shall be in Form 2.
(3) An order varying a banning order under section 46 of the 2011 Act shall be in Form 3.
Commencement Information
I3Rule. 2 not in operation at made date, see rule. 1
3.—(1) An application to—
(a)vary a banning order under section 46 of the 2011 Act; or
(b)terminate a banning order under section 47 of the 2011 Act,
shall be in Form 4.
(2) An application under paragraph (1) shall be served by the applicant on—
(a)the clerk of petty sessions for the district in which the order was made;
(b)the respondent; and
(c)the Chief Constable.
(3) The respondent shall, within seven days of the date the notice was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition and give reasons for it.
(4) Except where notice is received in accordance with paragraph (3), a magistrates’ court may—
(a)determine the application in favour of the applicant without a hearing; or
(b)direct a hearing.
(5) Where a hearing is directed, the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing.
(6) Without prejudice to the foregoing provisions of this rule the court may direct that a copy of the notice be served upon any person whom the court may consider a proper person to be served.
(7) In this rule “respondent” means either P or the prosecution.
Commencement Information
I5Rule. 3 not in operation at made date, see rule. 1
4.—(1) As soon as reasonably practicable after:
(a)the making of a banning order under section 41 of the 2011 Act;
(b)the variation of a banning order under section 46 of the 2011 Act; or
(c)the termination of a banning under section 47 of the 2011 Act,
the clerk of petty sessions shall serve a copy of that order on the parties set out in paragraph (2).
(2) An order under paragraph (1) shall be served on:
(a)P;
(b)the Chief Constable;
(c)the prosecution;
(d)the police station (addressed to the officer responsible for the police station) at which P is to report under section 42(3) of the 2011 Act;
(e)(in a case where P is detained in legal custody) the person in whose custody P is detained; and
(f)any prescribed person.
(3) An order under paragraph (1) shall be served on:
(a)P,
(i)if present in court, in person if practicable; or
(ii)otherwise by sending it by ordinary first class post to P at his last known address (in which case the order shall be deemed to have been received by him in the ordinary course of post unless P proves that he did not receive it); and
(b)all other parties by ordinary first class post.
Commencement Information
I7Rule. 4 not in operation at made date, see rule. 1
5.—(1) An appeal by the prosecution, against a failure by the court to make a banning order under section 43 of the 2011 Act, shall be in Form 5.
(2) A notice of appeal in Form 5 shall, within 14 days commencing on the day on which the decision of the magistrates’ court was made,
(a)be served personally on the offender; and
(b)a copy of the notice lodged with the clerk of petty sessions for the court which failed to make the order, endorsed with the date upon which and the manner in which it was served on the offender.
(3) The clerk of petty sessions shall, as soon as practicable, send to the chief clerk for the county court division in which the appeal will be heard—
(a)the copy of the notice of appeal;
(b)all other proceedings in the case (including any written statements admitted in evidence under section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 and any pre-sentence report or medical report, within the meaning of the Criminal Justice (Northern Ireland) Order 1996 or the Criminal Justice (Northern Ireland) Order 2008 which was considered at the trial of the offender).
(4) After the county court has decided the appeal, the chief clerk for the county court division for which that county court is held, shall within seven days of such decision certify the decision.
Commencement Information
I9Rule. 5 not in operation at made date, see rule. 1
W.A. McNally
Peter Luney
John Rea
Stewart Ballentine
Sharon Hughes
Commencement Information
I11Sch. not in operation at made date, see rule. 1
(This note is not part of the Rules)
These Rules prescribe the procedure for applications under the Justice Act (Northern Ireland) 2011 (2011 C.24 (N.I.)) relating to banning orders. A banning order, which may only be made on conviction, prohibits a person from entering any premises for the purpose of attending regulated matches. Specifically,
Rule 2 provides the forms to be used when a banning order, an order terminating a banning order or an order varying a banning order has been made.
Rule 3 prescribes the procedure for making an application to vary or terminate a banning order.
Rule 4 outlines the provisions in relation to the service of the various orders.
Rule 5 provides the procedure for the prosecution to appeal against the failure of a court to make a banning order.
S.I. 1981/1675 (N.I.26); Article 13 was amended by paragraph 133 of Schedule 18 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I.2010 No.976); and paragraph 65 of Schedule 5 to the Constitutional Reform Act 2005 (c.4)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: