MAGISTRATES’ COURTS PART I CITATION, INTERPRETATION AND COMMENCEMENT, ETC. Citation 1 These rules may be cited as the Magistrates’ Court Rules (Northern Ireland) 1984 Interpretation 2 1 In these Rules “ the Order ” means the Magistrates’ Courts (Northern Ireland) Order 1981. 2 Any reference in these Rules to members of the Police Service of Northern Ireland shall include a reference to members of the Reserve on duty with the Police Service of Northern Ireland. 3 In these Rules:— “administrative court division” means such division specified under section 2 of the Justice Act (Northern Ireland) 2015 for any purposes of a county court; a “ a chief clerk ” has the meaning assigned to it by Article 2(2) of the County Courts (Northern Ireland) Order 1980 ; and aa “ criminal justice organisation ” means any one of the following organisations— i Northern Ireland Courts and Tribunals Service; ii Police Service of Northern Ireland; or iii Public Prosecution Service for Northern Ireland; ab “data sharing mechanism” is an electronic mechanism which allows criminal justice organisations to share information with each other electronically; ac “ electronic report ” means a report generated by the computer system of a criminal justice organisation which is shared with other criminal justice organisations through a data sharing mechanism and which shall contain information as prescribed in Rule 11 (7A)(b);] b [ ... ]; c “ the 1999 Order ” means the Criminal Evidence (Northern Ireland) Order 1999 ]. d “ the 1999 Act ” means the Youth Justice and Criminal Evidence Act 1999 ]. e “ the 2004 Order ” means the Criminal Justice (Evidence) (Northern Ireland) Order 2004 ]. 4 Any reference in the Rules to a Form by number is a reference to that Form so numbered in Schedule 1. Commencement 3 These Rules shall come into force on 3rd September 1984. Revocation of existing rules 4 The following Rules are hereby revoked as from the coming into force of these Rules:— the Magistrates’ Courts Rules (Northern Ireland) 1974 ; the Magistrates’ Courts (Emergency Provisions) Rules (Northern Ireland) 1976 ; the Magistrates’ Courts (Amendment) Rules (Northern Ireland) 1976 ; the Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 1976 ; the Magistrates’ Courts (Extra-territorial Offences) Rules (Northern Ireland) 1976 ; the Magistrates’ Courts (Amendment No. 3) Rules (Northern Ireland) 1976 ; the Magistrates’ Courts (Amendment) Rules (Northern Ireland) 1977 ; the Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 1977 ; the Magistrates’ Courts (Amendment) Rules (Northern Ireland) 1978 the Magistrates’ Courts (Amendment) Rules (Northern Ireland) 1979 the Magistrates’ Courts (Attachment of Earnings) Rules (Northern Ireland) 1980 the Magistrates’ Courts (Amendment) Rules (Northern Ireland) 1980 the Magistrates’ Courts (Criminal Justice) (Amendment) Rules (Northern Ireland) 1980 the Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 1980 the Magistrates’ Courts (Amendment No. 3) Rules (Northern Ireland) 1980 the Magistrates’ Courts (Amendment No. 4) Rules (Northern Ireland) 1980 Saving for the Magistrates’ Courts (Children and Young Persons) Rules (Northern Ireland) 1969 5 Subject to the Children and Young Persons Act (Northern Ireland) 1968 and the Criminal Justice (Children) (Northern Ireland) Order 1998 , nothing in these Rules shall affect the operation of the Magistrates’ Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999 .] PART II DOCUMENTS Wording, etc., of documents 6 1 Every complaint, summons, warrant or other document made or issued for the purpose of, or in connection with, any proceedings before a magistrates’ court for an offence shall be sufficient if it describes the specific offence with which the accused is charged, or of which he is convicted, in ordinary language avoiding as far as possible the use of technical terms, and gives such particulars as may be necessary for giving reasonable information as to the nature of the charge. 2 Every complaint, summons, warrant or other document in proceedings upon complaint in a civil matter shall be sufficient if it describes the cause of complaint in ordinary language without necessarily stating all the facts upon which the complaint is founded and gives such particulars as may be necessary for giving reasonable information as to the nature of the complaint. 3 If the offence charged or cause of complaint is one created by or under any statutory provision, the description of the defence or cause of complaint shall contain a reference to the section of the Act, or, as the case may be, the rule, order, regulation, bye-law or other instrument giving rise to the offence or the cause of complaint unless such reference appears elsewhere on the face of any summons or warrant issued in respect thereof. 4 Subject to the foregoing paragraphs, the forms set out in Schedule 1 or forms to the like effect shall, where appropriate, be used in connection with proceedings to which the Rules relate. Form of complaint 7 1 A complaint may be made by the complainant in person or by his solicitor or by any other person authorised in that behalf. 2 Subject to any enactment, where it is intended that a summons only shall issue to require the attendance of any person, the complaint may be made either upon or without oath, and either in writing or not, as the lay magistrate receiving the complaint thinks fit. 3 Where a complaint is in writing it shall be signed by the person making it and by the justice receiving it. 4 Where it is intended that a warrant shall issue for the arrest of any person, the complaint shall be in writing and on oath of the complainant or of his solicitor or of any other person authorised in that behalf. 5 Any person against whom a complaint has been made in writing or his counsel or solicitor shall be entitled on request to receive from the clerk of petty sessions a copy of such complaint. 6 The original complaint shall be deposited with and, except as provided by Rule 28(2), Rule 42(1) or Rule 155(1), retained by the clerk of petty sessions. 7 In describing the property mentioned in any complaint— a where the property belongs to or is in the possession of partners, trustees, joint tenants, coparceners, or tenants in common, it is sufficient to refer to such property as that of any such persons who are named and of another or others, as the case may be, without naming them; or b where the property is that of a local or public authority, commissioners, directors, trustees, a body corporate or persons known by any other general designation it shall be sufficient to refer to it as the property of such persons without naming them individually. 8 It shall not be necessary in a complaint to specify or negative an exception, exemption, proviso, excuse or qualification, whether or not it accompanies the description of the offence or cause of complaint contained in the statutory provision giving rise to the offence or on which the complaint is founded. Form of summons 8 1 Every summons shall be signed by the person who issues it. 2 No summons shall be signed in blank. 3 Where there is more than one defendant a separate summons shall be issued in respect of each defendant. 4 Every summons shall state shortly the offence or cause of complaint and shall state the time and place at which the person summoned is required to appear. 5 A single summons may be issued against a person in respect of several complaints but the summons shall state each offence or cause of complaint separately and shall have effect (except for the purposes of an order made under section 116 of the Judicature (Northern Ireland) Act 1978 as several summonses, each issued in respect of one complaint. 6 The name and address of the complainant and the name and, where possible, the usual or last-known address of the person summoned shall be stated in the summons. 7 A summons issued in respect of an offence involving obligatory or discretionary disqualification within the meaning of Article 4 of the Road Traffic Offenders (Northern Ireland) Order 1996 shall bear an endorsement in Form 2B.] Preparation of summons 9 1 Subject to paragraph (2), the complainant or, where the summons is a witness summons, the person applying for the issue of the summons shall be responsible for the preparation of any necessary summons. 2 Where the complainant or the person applying for the issue of a witness summons is not a solicitor [ ...] the lay magistrate receiving the complaint or granting the application may direct the clerk of petty sessions to assist in the preparation of a summons. 3 References in this Rule to a summons include any copy thereof for service. Plea of guilty by post 10 1 Where it is intended to make the procedure of pleading guilty by post under Article 24(1A) of the Order available to the defendant, the summons shall be accompanied by Form 3 together with — a Form 4 or copies of the witness statement(s); and b Form 6 or Form 6A, as appropriate.] 2 Notice in writing of the service of such a summons shall be given by or on behalf of the complainant to the clerk of petty sessions pursuant to Article 24(1) of the Order and shall be in Form 5. 3 Where the defendant elects to enter a plea of guilty in writing pursuant to Article 24(2) of the Order he shall do so in Form 6 [ or Form 6A as appropriate]. 4 Where a person has been convicted upon his written plea of guilty and the Court decides to adjourn the hearing before passing sentence, the clerk of petty sessions shall give to the defendant notice in writing of the time and place of the adjourned hearing and shall specify the reason for the adjournment. Service of summons 11 1 Subject to Rule 12 and Rule 12A, in the case of an offence prosecuted by the Director of Public Prosecutions a summons shall be served by a member of the Police Service of Northern Ireland who is not in charge of the investigation of the offence:] 2 In other cases, the summons shall, subject to [ ... [ ... paragraph (3B)] and] Rule 12 be served by— a the summons server of the administrative court division in which the proceedings are brought or in which the defendant or witness resides; or b any person who has received permission from a district judge (magistrates’ court)] or lay magistrate or from the clerk of petty sessions to serve the summons; and any such permission shall be endorsed on the original summons and signed by the person giving it. 3 Subject to ... [ ... paragraph (3B), in no case shall a summons be served by the complainant, or a director, partner or employee of the complainant. 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3B Service of a summons under Article 138(2A)(b) of the Order may be effected by a [ civil servant in the Department of Justice] sending a copy of the summons in Form 95 and of Form 95B, by ordinary post in an envelope addressed to the person to be served at his or her last known place of abode.] 4 Subject to ... [ ... paragraph 3B] [ Rule 12A and] Rule 13 every summons shall be served upon the person to whom it is directed by delivering to him a copy of such summons, or, where he is a child or young person within the meaning of Part IV of the Children and Young Persons Act (Northern Ireland) [ 1968 or a parent] of such child or young person summoned in connection with proceedings against such child or young person or where the summons alleges a summary offence or is issued upon complaint in a civil matter or is a witness summons, by leaving it for him with some person apparently over the age of sixteen years at his usual or last known place of abode or at his place of business. 5 Subject to ... paragraph 3B and Rule 12A] in the case of a corporate body, a summons shall be served by delivering a copy to the secretary or clerk of the body or by leaving a copy for him with some person apparently over the age of sixteen years at its registered or principal office or at any place of business maintained by such body in Northern Ireland, or by sending a copy by registered post or by the recorded delivery service (using the advice of delivery form) in an envelope addressed to such corporate body at such office or place of business. Notwithstanding anything in paragraph (2), in a case where service is effected by registered post or by the recorded delivery service, the envelope containing the copy summons may be posted by any person other than the complainant. 6 Every summons shall be served a reasonable time before the hearing of the complaint. 7 [ Subject to paragraph 7A [ and paragraph 7C]] the person who serves a summons shall endorse on the original the date, place and manner of service and, unless service may be proved by an affidavit or a certificate of service in [ ... Form 109C or] Form 110A shall attend at the hearing of the complaint to depose, if necessary, to such service and in the case of service by registered post or the recorded delivery service there shall be attached to the affidavit or certificate of service or be produced in court the certificate of posting and, subject to Rule 13(2)(a), the advice of delivery issued by the Post Office.] 7A Where a member of the Police Service of Northern Ireland serves a summons and the accompanying documents, service may be proved a by an affidavit or certificate of service in Form 110A; or b by an electronic report which shall contain the following information:— i the name and the police service number of the person who served the summons; ii the date of service; iii the place of service; and iv the manner of service. 7B Where service is to be proved by an affidavit or certificate of service or by an electronic report the court may require the person who served the summons and any accompanying documents to attend court at the hearing of the complaint and depose, if necessary, to such service.] 7C) Where a summons is to be served in accordance with paragraph (3B), the person posting the envelope containing the copy of the summons shall endorse on the original summons his name, description and the date and place of posting of the envelope and shall complete and sign a certificate of service in Form 95A. 7D If a surety fails to appear in answer to a summons served in accordance with paragraph (3B), such service shall not be deemed valid unless an acknowledgment of service in Form 95B appearing to be signed by the surety or his or her solicitor is produced to the court. 7E Unless the contrary is proved, where a summons is served in accordance with paragraph (3B),— i the signed acknowledgment of service shall be taken as proof of service; and ii the document shall be deemed to have been served at the time at which the envelope containing it would have been delivered in the ordinary course of post.] 8 Nothing in this Rule shall affect the provisions of any statutory provision dealing with the time and manner of service and the person who may serve summonses in particular cases. Service of a summons in England and Wales or Scotland 12 1 A summons requiring a person in England and Wales or Scotland charged with an offence to appear before a magistrates’ court in Northern Ireland may, subject to paragraph (4), be served by any member of a home police force within the meaning of the Police Act 1969 or by a person employed by the chief officer of police or the police authority for the area in which the summons is to be served who is authorised by the chief officer of police to serve summonses. 2 Service of the summons may be proved by an affidavit in Form 109 sworn in England and Wales before a justice of the peace or clerk to the justices or in Scotland before a sheriff, justice of the peace or sheriff clerk [ or by a certificate of service in Form 110A.] 3 The summons shall be served by delivering a copy to the person charged at least 14 days before the date of the hearing. 4 Where the summons is to be served on a corporate body in England and Wales or Scotland, paragraph (5) of Rule 11 shall have effect as if the words “in Northern Ireland” were omitted. 5 Paragraphs (4) and (6) of Rule 11 shall not apply to the service of a summons under this Rule. [ Postal Service of Summons for offences prosecuted by [(d)...] the Director of Public Prosecutions 12A 1 Subject to paragraph (6), in cases of [ ...] offences prosecuted[ ...] by the Director of Public Prosecutions, service of the summons may be effected by post in accordance with paragraph (2).] 2 Service of a summons under this Rule shall be effected by sending a copy of the summons by ordinary post in an envelope addressed to the person to be served at his usual or last known place of abode or at his place of business. 3 Where a summons is to be served in accordance with paragraph (2) the person posting the envelope containing the copy of the summons shall endorse on the original summons his name [ ...] or description and the date and place of posting of the envelope and shall complete and sign a certificate of service in Form 110A. 4 If the person summoned fails to appear in answer to a summons served in the manner authorised by paragraph (2), such service shall not be deemed valid unless an acknowledgment of service in— a Form 110B; or b in cases where the procedure of pleading guilty by post under Article 24(1A) of the Order is available to the defendant, in Form 6 or Form 6A as appropriate, appearing to be signed by the defendant or his solicitor is produced to the court.] 5 Unless the contrary is proved— a the signed acknowledgement shall be taken as proof of service; and b the document shall be deemed to have been served at the time at which the envelope containing it would have been delivered in the ordinary course of post. 6 This Rule shall not apply to summonses which, under any statutory provision, require personal service upon the person to be served.] 7 Nothing in this Rule shall prevent the service of a summons by any other method allowed for under these Rules. [ Receipt of certificate or electronic report in evidence 12B Any document purporting to be given as a certificate in ... Form 109C or Form 110A, or any information or documentation provided by means of an electronic report, shall be received in evidence and shall be deemed to be duly made until the contrary is shown. [ Proof of service of notice of registration under the Road Traffic Offenders (Northern Ireland) Order 1996 12C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof of service of a requirement to identify driver of vehicle under Article 15 of the Road Traffic Offenders (Northern Ireland) Order 1996 12D Service of a requirement under Article 177 of the Road Traffic (Northern Ireland) Order 1981, to give information as to the identity of the driver of a vehicle may be proved in any proceedings by a certificate of service in Form 109C.] Proof of service of notice of registration under the Justice Act (Northern Ireland) 2011 12E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ Postal Service of Summons other than for offences prosecuted by [ ... ] the Director of Public Prosecutions 13 1 [ Where a district judge (magistrates’ courts) or the clerk of petty sessions is satisfied that it is not reasonably practicable to serve a summons to which paragraph (2) of Rule 11 applies in accordance with that Rule, the district judge (magistrates’ courts) or clerk of petty sessions may give permission by an endorsement signed by him on the original summons for service to be effected by post in accordance with paragraph (2)(a)]. 2 The summons server of the administrative court division in which the proceedings are brought shall— a send by registered post or by the first-class postal recorded delivery service (using the advice of delivery form, save where the district judge (magistrates’ courts) in exceptional circumstances dispenses with this requirement) a copy of the summons in an envelope addressed to the person to be served at his usual or last-known place of abode or at his place of business; and b endorse on the original summons the name of the summons server, the date on which it was posted and the serial number on the envelope and on the Post Office receipt of postage. 3 [ Unless service shall be proved by affidavit or a certificate of service in Form 110A the person who serves the summons shall attend at the hearing of the complaint to depose, if necessary, to such service and shall produce to the court, or, as the case may be, attach to the affidavit or certificate of service] the following documents:— a the original summons endorsed by him with the particulars referred to in paragraph (2)(b); b the Post Office receipt of postage; c subject to paragraph (2)(a), the relevant Post Office advice of delivery. 4 Subject to paragraph (2)(a) a summons proved to have been posted and delivered as aforesaid shall, unless she contrary is shown, be deemed to have been served on the person to whom the envelope containing it was addressed at the time stated in the Post Office advice of delivery. 5 Nothing in this Rule shall derogate from the provisions of any enactment within the meaning of section 1 of the Interpretation Act (Northern Ireland) 1954 (other than Rule 11) under which proof of personal service of a summons upon the person to be served is required. 6 Where the summons server informs the clerk of petty sessions that the envelope containing a copy of a summons, postal service of which has been permitted under paragraph (1), has been returned by the Post Office on the ground that delivery of the envelope was not accepted by anyone at the address of the person to be served, the clerk shall forthwith give notice thereof in writing to the complainant named in the summons or to his solicitor and transmit to the complainant or, as the case may be, his solicitor the documents listed in paragraph (8)(a), (b), (c) and (d). 7 The complainant or his solicitor may thereupon either verbally or in writing request a district judge (magistrates’ court) to grant permission for the summons to be served by ordinary post. 8 A district judge (magistrates’ court) may grant such permission upon production of— a the original summons endorsed under paragraph (2)(b); b the Post Office receipt of postage; c the copy of the summons enclosed in the envelope containing it returned by the Post Office as undelivered; d the form of advice of the Post Office that the envelope containing such copy could not be delivered according to the practice of the Post Office as to delivery by registered post or, as the case may be, by the recorded delivery service because delivery of the envelope was not accepted by anyone at the address of the person to be served; e a certificate in Form 117 signed by the complainant or his solicitor or other person authorised to do so on his behalf that, having regard to the reason given by the Post Office for non-delivery of the envelope containing the copy summons addressed to the person to be served stated in the form of advice referred to in sub-paragraph (d), to the best of his knowledge or belief a copy of the summons is sent by ordinary post to the person to be served at the address stated in the summons will, for the reason stated by the complainant in the certificate, come to the notice of that person a reasonable time before the date on which he is summoned to appear before the court: and shall endorse such permission on the original summons. 9 Where such permission is granted the summons server shall— a send the copy of the summons by ordinary post in an envelope addressed to the person to be served at his usual or last known place of abode or at his place of business; and b endorse on the original summons the place and date of posting of such copy to the person to be served. 10 Subject to paragraph (11) the summons server shall attend at the hearing of the complaint stated in the summons to depose as to compliance with this Rule. 11 Where proof of such compliance is given on affidavit [ or by a certificate of service in Form ] 110A] in accordance with Article 126 of the Order the documents referred to in paragraph [ (8)(a) to (e)] shall be attached to the affidavit [ or to the certificate of service]. 12 The copy of the summons posted in accordance with this Rule shall, unless the contrary is proved, be deemed to have been served at the time at which the envelope containing it would have been delivered in the ordinary course of post. 13 In this Rule a reference to the summons server includes any person who has under Rule 11(2)(b) received the permission of a district judge (magistrates’ courts), lay magistrate or clerk of petty sessions to serve a summons. [ Declaration under Article 25A of the Order 13A 1 A statutory declaration in accordance with Article 25A of the Order shall be made in Form 110C. 2 Where the clerk of petty sessions receives a statutory declaration which complies with Article 25A of the Order he shall: a record the receipt of the declaration in the Order Book against the relevant entry; and b notify in writing the prosecutor[ ...]. [ Declarations under the Road Traffic Offenders (Northern Ireland) Order 1996 13B 1 A declaration under Article 77 or 78 of the Road Traffic Offenders (Northern Ireland) Order 1996 shall be made in Form 110D. 2 Where the clerk of petty sessions or the court accepts service of such a declaration the clerk of petty sessions shall— a record the receipt of the statutory declaration in the Order Book against the relevant entry of registration of the sum as a fine; and b notify the Chief Constable in writing that the statutory declaration has been received.] [ Declarations under the Justice Act (Northern Ireland) 2011 13C 1 A statutory declaration under section 68 of the Justice Act (Northern Ireland) 2011 shall be made in Form 110E. 2 Where the clerk of petty sessions or the court accepts service of such a statutory declaration the clerk of petty sessions shall— a record the receipt of the statutory declaration in the Order Book against the relevant entry or registration of the sum as a fine; and b notify the Chief Constable that the statutory declaration has been received.] Form of warrant or order 14 1 Subject to paragraph (2) , a warrant or form of order issued to give effect to the order of a magistrates’ court shall be signed by the district judge (magistrates’ courts) or lay magistrate who made the order or by the clerk of petty sessions. 2 A warrant to arrest or warrant to search must be signed by a district judge (magistrates’ courts) or lay magistrate. 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 No warrant shall be signed in Blank. 4 Every warrant shall state shortly the offence charged in the complaint or the grounds on which the warrant is issued. 5 A warrant shall name in full or otherwise describe the person against whom it is issued. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Where no other form of warrant of arrest is prescribed, either by these Rules or by any other statutory provision, the warrant in Form 8C shall be used.] Separate warrants to be issued for each sentence imposed 15 1 Subject to paragraphs (2) and (3), where a magistrates’ court imposes more than one sentence upon a person convicted of more than one offence a separate warrant of distress or commitment shall be issued for the purpose of giving effect to each sentence. 2 Where the court in imposing more than one sentence of imprisonment upon any person orders that the sentences are to run concurrently— a a warrant of commitment need not, unless under special circumstances the governor of the prison to which such person is committed otherwise requests, be issued in respect of a sentence which will expire before or on the expiration of any such sentence in respect of which a warrant of commitment has been issued; and b where only one warrant of commitment is issued under this paragraph the clerk of petty sessions shall send to the said governor, together with the warrant, particulars of the sentences which are not specified in the warrant. 3 Where the court orders a person convicted of more than one offence at the same time to be sent for a period of detention in a young offenders centre or to a training school or commits a child or young person to a remand home in accordance with section 74 of the Children and Young Persons Act (Northern Ireland) 1968 only one warrant need be issued for the purpose of giving effect to such order and the clerk of petty sessions shall send particulars of any conviction and order not specified in the warrant to the person in charge of the young offenders centre, training school or remand home, as the case may be. 4 Where a sentence of imprisonment is imposed to run concurrently with or consecutively to another sentence of imprisonment, the fact shall be stated on the warrant of commitment. 5 Where a sentence of imprisonment is imposed to run concurrently with or consecutively to a period for which a person is ordered to be returned to prison under Article 3 of the Treatment of Offenders (Northern Ireland) Order 1976 [ or Article 28 of the Criminal Justice (Northern Ireland) Order 1996 ] the fact shall be stated on the warrant of commitment. 6 Where the court makes an order for the return of a person to prison under [ either of the Articles referred to in paragraph (5)] a warrant of commitment shall in every case be issued in pursuance of the order. Endorsement of warrants of commitment as to release on bail 16 1 Where a magistrates’ court commits an accused for trial in custody in accordance with Article 37 of the Order or remands an accused in custody in accordance with Article 47 of the Order it may certify its consent to bail either on a separate form or by endorsement on the warrant of commitment and the certificate of such consent may be signed on behalf of the court by the clerk of petty sessions. 1A Where under Article 5(5)(a) or Article 28(2)(b) of, or Schedule 2 to, the Criminal Justice (Northern Ireland) Order 1996, the court commits an offender in custody until he can be brought or appear before the Crown Court, it may certify its consent to bail by endorsement on the warrant of commitment in Form 11A and the certificate of such consent may be signed on behalf of the court by the clerk of petty sessions.] 2 The certificate, in addition to specifying the amount of the recognizance to be entered into by the accused, shall also specify the amount of the recognizance to be entered into by any surety required by the court under Article 136 of the Order or the amount of any sum of money or valuable security to be deposited under Article 137 of the Order in lieu of sureties. 3 Where an accused is remanded in custody or is committed for trial in custody and is subsequently granted bail before the expiration of the period for which he was originally remanded or before the sitting of the court to which he is committed for trial, upon an application by or on behalf of the accused to the court, the court shall issue a warrant for his discharge from prison to take effect from the completion of the necessary recognizance. Binding over complainant to prosecute or give evidence upon issue of warrant 17 1 When a district judge (magistrates’ courts) or lay magistrate issues a warrant for the arrest of any person he may bind the person making the complaint by recognizance to appear at the court where such person is to be tried to prosecute or to give evidence, as the case may be. 2 The recognizance may either be in a separate form or at the foot of the complaint. Withdrawal of warrants 18 A district judge (magistrates’ courts) or lay magistrate who order the withdrawal of a warrant under Article 158 of the Order shall endorse his reasons for such withdrawal upon the warrant. The Order Book 19 1 in every proceedings (other than one to which Part VI of the Order applies) the clerk of petty sessions shall enter the particulars of the proceedings and the substance of the decision upon it in a book to be known as the “Order Book” and such particulars may, subject to any directions given by the Lord Chancellor or a district judge (magistrates’ courts), be entered by reference to any other proceedings, particulars of which have previously been fully so entered. 2 Subject to paragraph (3) such entry shall be signed by the district judge (magistrates’ courts) or lay magistrate who determined the proceeding [ or, where he is unavailable, by the clerk of petty sessions], and after such signature shall be deemed a conviction or order, as the case may be. 3 Where a page of the Order Book contains more than one consecutive complete entry relating to proceedings determined by the same district judge (magistrates’ courts) or lay magistrate on the same date, it shall be sufficient compliance with paragraph (2) as regards each entry if [ the appropriate district judge (magistrates’ courts) or lay magistrate or, where he is unavailable, the clerk of petty sessions,] signs all the end of the last such entry. 4 Where a district judge (magistrates’ courts) or lay magistrate has made a conviction or order out of petty sessions he shall, if an Order Book is not signed, sign and forward a certificate of the proceedings to the clerk of petty sessions, which certificate when signed shall be deemed a conviction or order, as the case may be. 5 Upon the receipt of the certificate referred to in paragraph (4) the clerk of petty sessions shall enter the particulars on the certificate in the Order Book and [ shall submit the entry to the district judge (magistrates’ courts) or lay magistrate who signed the certificate for his signature or, where he is unavailable, the clerk of petty sessions shall sign the entry himself.] 6 Where a lay magistrate hears and determines out of petty sessions any charge against an adult for an offence specified in Part II of Schedule 1 to the Order, the fact that the person charged has consented to be dealt with in accordance Article 18(3) of the Order shall be entered in the Order Book as part of the Order. 7 Where at the hearing of a complaint charging a summary offence or where at the summary trial of an indictable offence the accused pleads guilty, the court shall cause the plea to be entered in the Order Book as part of the order. 8 Where a court— a tries summarily any offence for which the accused appearing in person is entitled in accordance with Article 29 of the Order to claim to be tried by a jury; or b deals summarily under Article 45 of the Order with any person charged with an indictable offence specified in Schedule 2 to the Order upon his consent to be so dealt with; the court shall cause to be entered in the Order Book as part of the order his election to be tried summarily or as the case may be. 9 Where a magistrates’ court adjourns a case under Article 50 or Article 51 of the Order the court shall explain to the accused the reasons for the adjournment and shall cause a note of those reasons to be entered in the Order Book as part of the order. 10 Where an application is made to a magistrates’ court for the grant of a civil magistrates’ aid certificate or a criminal aid certificate, the court shall cause a note of the grant or refusal thereof to be entered in the Order Book. 11 Where the sitting of a magistrates’ court is adjourned by a clerk of petty sessions under Article 161(5) of the Order shall make a note of such adjournment in the Order Book. 12 No erasure shall be made of the particulars entered upon the Order Book. 13 Every interlineation or other alteration in the Order Book shall be initiated by the district judge (magistrates’ courts), [ lay magistrate or clerk of petty sessions] signing the entry of the conviction or order. Certificate of conviction or order 20 1 At the request of any person with a bona fide interest in any proceedings a district judge (magistrates’ courts), Lay magistrate or clerk of petty sessions shall grant a certificate of the conviction or order made in such proceedings. 2 The certificate shall be signed by a district judge (magistrates’ courts), a lay magistrate or by the clerk of petty sessions. 3 A certificate under this Rule shall be prima facie evidence of the conviction or order an, except where it is proved that such a certificate purporting to be signed by a district judge (magistrates’ courts) or lay magistrate or clerk of petty sessions was not in fact so signed, the certificate shall operate as a valid form of conviction or order for any purpose whatsoever. Documents taken by or made before district judges (magistrates’ court) or lay magistrate sitting out of petty sessions 21 Every complaint, deposition, recognizance of other document taken by or made before a district judge (magistrates’ court) or lay magistrate sitting out of sessions shall as soon as practicable be forwarded or delivered to the clerk of petty sessions .... Signing of documents on behalf of clerk of petty sessions 22 Where these Rules provide that a document shall or may be signed by the clerk of petty sessions of that an affidavit or statutory declaration may be sworn or made before or recognizance may be taken by the clerk of petty sessions, that document may be signed by, or, as the case may be, that affidavit or declaration may be sworn or made before or that recognizance may be taken by a person holding a rank not lower than executive officer, grade two duly authorised by the clerk of petty sessions or by a district judge (magistrates’ court) to do so. PART III CRIMINAL PROCEEDINGS A. SUMMARY TRIAL Order of proceedings on the hearing of a complaint charging a summary offence 23 1 The procedure for hearing a complaint charging a summary offence shall be as follows:— a The substance of the complaint shall be stated to the accused and, if necessary, explained to him before a plea is taken; b Where the accused pleads guilty to the complaint the court shall, if it sees no reason to the contrary, convict or make an order against him accordingly but before making such conviction or order the court shall allow the prosecutor or him counsel or solicitor and then the accused of his counsel or solicitor to address the court; c Where the accused does not plead guilty, the prosecutor or his counsel or solicitor shall call the evidence for the prosecution and before doing so may address the court; d At the conclusion of the evidence for the prosecution, the accused or his counsel or solicitor may address the court, whether or not he afterward calls evidence; e At the conclusion of the evidence, if any, for the defence, the prosecutor or his counsel or solicitor may, with the leave of the court, call evidence to rebut that evidence; f At the conclusion of the evidence, if any, for the defence and the evidence, if any, in rebuttal as aforesaid, the accused or his counsel or solicitor may address the court— i if he has not previously done so; [or] ii with the leave of the court, if the accused and another witness have been called on the part of the accused; g If the court convicts the accused he or his counsel or solicitor may address the court in mitigation of sentence. Provided always that, notwithstanding anything in the previous provisions of this Rule, the court may permit or invite the accused or the prosecutor or his counsel or solicitor to make a submission on a point of law arising at any stage of the proceedings, and in that event the court shall permit the prosecutor or the accused or his counsel or solicitor, as the case may be, to reply. 2 Where the court convicts the accused, the prosecutor shall, subject to paragraph (4), hand to the court and, where the accused appears in person or by counsel or solicitor, to the accused or his counsel or solicitor a written statement of any previous conviction of the accused. 3 The court— a where the accused appears in person or by counsel or solicitor, shall ask the accused or his counsel or solicitor if he agrees with the statement and, if he does so agree; or b where the accused does not appear in person or by counsel or solicitor, shall not in making any order upon the conviction make any oral reference to any previous conviction of the accused in which it has not taken into consideration in making such order and which in the opinion of the court is not relevant to the order so made. 4 Where a written statement such as is referred to in paragraph (2) is not available and the court considers it expedient so to do, it may ask the prosecutor to refer orally only to any previous conviction to which he considers the court ought to have regard because of its date or nature or it may adjourn proceedings in accordance with Article 50 of the Order to enable paragraph (2) to be complied with. 5 The failure of the prosecutor to comply or adequately to comply with the provisions of paragraphs (2) to (4) shall not affect the validity of any conviction of or of any sentence passed on the accused. 6 A notice of intention to cite previous convictions in Form 7 shall be served on the defendant not less than seven days before the date fixed for hearing [ and such service may be effected by ordinary post.] B. RIGHT TO CLAIM TRIAL BY JURY FOR CERTAIN SUMMARY OFFENCES Procedure in relation to certain offences to which Article 29 of the Order applies 24 1 Where the accused appearing in person is charged with an offence [ ...] to which paragraph (1) of Article 29 of the Order applies, after the substance of the complaint is stated to the accused and before he pleads thereto, the court shall, subject to paragraphs (2) and (3)— a address the accused as follows:— For the offence with which you are charged you may be tried summarily but you have a right to claim to be tried [ in the Crown Court sitting with a jury. In certain circumstances a trial in the Crown Court may be heard by a judge sitting without a jury ;] b if desirable, give to the accused information as to the court to which he may be committed for trial and any explanation as to the meaning of being tried summarily: c address the accused as follows:— Instead of being tried summarily do you wish to claim your right to be tried[ in the Crown Court? ]. 2 Where the accused appearing in person with an offence to which Article 29(4) of the Order applies, after the substance of the complaint is stated to the accused and before he pleads thereto, the court shall— a address the accused as follows;— For the offence with which you are charged you may be tried summarily but if you have previously been convicted of a like offence, but not otherwise, you may have the right to be tried [ in the Crown Court sitting with a jury. In certain circumstances a trial in the Crown Court may be heard by a judge sitting without a jury ;] b if desirable, give the accused any information as to the court to which he may be committed for trial and any explanation as to the meaning of being tried summarily; c address the accused as follows:— If you have the right to be tried [ in the Crown Court], do you wish to claim it or do you wish to be tried summarily? ; d if the accused in answer to the last question claims to be tried [ in the Crown Court], inquire into the record of the accused for the purpose of verifying his claim but such inquiry shall be confined to matters necessary for such verification. 3 [ ... ] 4 It shall be sufficient compliance with this Rule requiring the court to address the accused for the presiding district judge (magistrates’ court) to cause the accused to be addressed in the appropriate manner by an official of the court. C. PRELIMINARY INVESTIGATIONS Service of statement of complaint before preliminary investigation 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings at a preliminary investigation 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for binding witnesses and prosecutor over to attend trial 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Documents and exhibits to be sent to the court of trial 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supply of depositions and complaint to accused 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjourned preliminary investigation 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D. PRELIMINARY INQUIRIES Interpretation of Rules 32 to 42 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of preliminary inquiry 32 1 A notice of a preliminary inquiry shall be in Form 20A. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 The list of witnesses referred to in Form 20A giving the number of pages in each written statement of evidence shall be in Form 23. 5 The statement of complaint referred to in Article 32(1)(b)(i) of the Order shall be in Form 15 and the list of exhibits referred to in Article 32(1)(b)(ii) of the Order shall be in Form 24. 6 Where the statement of complaint relates to more than one charge, it shall set out each charge in numerical order 7 The notice together with the , lists and copies of the documents referred to in Article 32(1) of the Order and in paragraph (4) of this Rule shall be furnished to the clerk of petty sessions ...— a by serving them upon him personally at his office or upon a responsible member of his staff thereat; or b by enclosing them in an envelope and sending it addressed to him at his office by registered post or by the recorded delivery service. Service on accused of copy of notice and of documents referred to in Article 32(1) of the Order 33 A copy of the said notice together with , lists and documents referred to in Article 32(1) of the Order and in paragraph (4) of [ Rule 32] shall be served on the accused in the same manner as a summons upon complaint for an indictable offence is required to be served under paragraphs (1), (2), (4), (5) and (6) of Rule 11 and proof of such service shall be given in accordance with paragraph (7) of that Rule. Conduct of preliminary inquiry 34 1 Without prejudice to Article 32(4) of the Order, the court shall ascertain that the accused or each of them has received a copy of the notice and of the documents required to be served on him under Article 32(1) thereof and Rule 33. 2 The court shall cause the charge to be read to the accused and shall, if necessary, explain its nature in ordinary language. 3 Where there is more than one charge against an accused, instead of all the charges being read to that accused, if the court is satisfied that the accused is able to read and will not be prejudiced, the court may proceed as follows— a the clerk shall make public the nature of the charges by reading aloud and in full at least one charge in each category of the offence charged; b each of the other charges relating to the same category of offence may then be put to the accused by referring to the number of the charge and adding such other particulars as, without a full reading, may enable the accused to understand the charge and follow it on the copy of the statement of complaint. 4 The district judge (magistrates’ court) or lay magistrate may at any time cause any charge to be read or read again to the accused. ... 35 1 The court in proceeding to conduct a preliminary inquiry may require the prosecutor to make an opening statement on behalf of the prosecution for the purpose of presenting the written statements of the witnesses upon whose evidence the complaint or complaints are based before the court further proceeds in accordance with Article 34(1) of the Order to consider such statements and any exhibits or to read aloud the contents of such statements or purport thereof or before proceeding to consider any submissions ... made by the prosecutor or by or on behalf of the accused. 2 Where at any stage of the inquiry a written statement is admitted in evidence in accordance with Article 33 of the Order the name [ ... ]of the maker of the statement shall be read aloud unless the court in the interests of justice otherwise directs. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 After the court has considered the written statements and admitted as evidence such of them (in whole or in part) as it considers proper and any depositions of witnesses for the prosecution, the charge or charges shall, unless the court has decided not to commit the accused for trial, be again read to the accused or, as the case may be, be drawn to the attention of the accused by reference to the charges as numbered in the statement-of complaint and the court shall inform the accused that he has the right, if he so desires, ... to tender any written statement of a witness which complies with Article 33 of the Order. 5 Next the court shall address the accused to the following effect— You are not obliged to say anything in answer to the charge(s) unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence at your trial. Do you wish to say anything in answer to the charge(s)? . 6 Whatever the accused says in answer to the charge or charges shall be taken down in writing on Form 25A , read over to him and signed by the presiding district judge (magistrates’ court) or lay magistrate and, if the accused so wishes, by him. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Immediately after complying with the requirements of this Rule relating to the statement of the accused, and whether or not the accused has made a statement, the court shall ask the accused whether he wishes to tender any written statement of evidence on his behalf which complies with Article 33 of the Order. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Where the court commits the accused for trial upon a charge other than a charge specified in the statement of complaint, the court shall cause that charge to be put into writing and read to him and inform him that he is so committed. Modification of Rules where accused is a corporation 36 Any reference in these Rules to an accused shall where the accused is a corporation be construed as a reference to the representative of the corporation within the meaning of Schedule 4 to the Order. Court may address accused through court official 37 It shall be sufficient compliance with the provisions of these Rules relating to a preliminary inquiry requiring the court to address the accused (whether in reading the charge, any written statement, asking any questions, giving information, administering a warning or otherwise) for the presiding district judge (magistrates’ court) or lay magistrate to cause the accused to be addressed in the appropriate manner by an official of the court. Proof by formal admission 38 Where under section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 a fact is admitted orally in court by or on behalf of the complainant or any accused for the purpose of a preliminary inquiry the court shall cause the admission to be written down and signed by or on behalf of the party making the admission. Written statement of evidence to be in prescribed form and exhibits to be properly identified 39 1 Written statements of the evidence of a witness tendered in evidence to a magistrates’ court at a preliminary inquiry shall be in Form 26. 2 Where such statement refers to any document or object as an exhibit, that document or object shall, wherever possible, be identified by means of a label or other mark of identification signed by the maker of the statement and before the court treats any document or object referred to as an exhibit in such a written statement as an exhibit produced and identified in court by the maker of the statement, the court shall be satisfied that the document or object is sufficiently described in the statement for it to be identified. Procedure where court decides not to admit statement or part thereof as evidence 40 Where the court decides not to admit as evidence any written statement or part thereof tendered in evidence at the preliminary inquiry into any charge against the accused, the presiding district judge (magistrates’ court) or lay magistrate shall announce such decision forthwith and shall thereupon delete such statement or part thereof, and shall write or cause to be written upon such statement or, as the case may be, against that part the words “This statement is not admitted as evidence” or alternatively “The part of this statement herewith deleted is not admitted as evidence” and in either case he shall subscribe his name thereto. Authentication of statements, depositions or admissions 41 The clerk of petty sessions shall authenticate by certificate in Form 27 the written statements admitted in evidence, any depositions and any formal admission made for the purpose of the inquiry. Documents and exhibits referred to, etc., at preliminary inquiry to be sent to the court of trial 42 1 Within seven days after the close of a preliminary inquiry at which any person is committed for trial, and in any case before the date on which he is to be arraigned, the clerk of petty sessions shall send to the chief clerk ... the following original documents— a the complaint if it is in writing; b the statement of complaint; c where the charge or charges upon which the accused is committed for trial differ from the charge or charges in the complaint or complaints set out in the statement of complaint first read or put to the accused under Rule 34(2) , a statement of the charges upon which the accused was committed for trial; d the written statements and any depositions admitted in evidence at the preliminary inquiry; e any formal admission of facts made under section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 for the purpose of the inquiry; f the certificate in Form 27 of the clerk of petty sessions authenticating those statements, depositions or such admissions; g the recognizances of the prosecutor and witnesses (if separate from depositions); h all statements made by the accused before the magistrates’ court; i if the accused is committed for trial on bail, the recognizance of the accused; j any recognizance entered into by any person as surety for the accused; k a certificate of the names [ ... ] of the witnesses who have been, or are treated as having been, bound over to attend the trial conditionally; l subject to paragraph (2), a list in Form 24 of the exhibits, documentary or otherwise, produced or referred to in evidence at the inquiry; m every exhibit lodged in court; n any other relevant document; and o a statement of the dates on which the defendant was remanded before completion of the preliminary inquiry. 2 Where during the course of a preliminary inquiry the list of exhibits in Form 24 is altered by the addition or omission of any exhibit the clerk of petty sessions shall forward such list with any alterations initialled by him. 3 Paragraph (1) shall apply to the committal for trial of persons under Article 40 of the Order as if paragraphs (a) to (h) and (1) and (m) were omitted. 4 Where after a preliminary inquiry the accused is not committed for trial the written statement of the evidence of the witnesses tendered at the inquiry shall be preserved for a period of three years by the clerk of petty sessions. 5 The court may direct that the written statements required to be read aloud under Article 37(6) of the Order shall be so read by the clerk of petty sessions or other court official. Procedure for binding witnesses and prosecutor over to attend trial 42A 1 Every recognizance under Article 39 of the Order shall be acknowledged and signed by the person entering into the recognizance and signed by the district judge (magistrates’ court) or lay magistrate. 2 The recognizance may be on a separate form or at the foot of the deposition at the discretion of the court. Supply of depositions and complaint to the accused 42B The person having custody of depositions on which any person has been committed for trial shall, as soon as practicable after the application is made to him by or on behalf of the accused, supply to the accused one copy of the depositions and, if the complaint is in writing, of the complaint. E. INDICTABLE OFFENCES DEALT WITH SUMMARILY Conditions to be complied with before preliminary ... inquiry 43 Where an adult is charged with an indictable offence specified in Schedule 2 to the Order, a lay magistrate (other than a district judge (magistrates’ court)) shall not proceed to conduct a ... preliminary inquiry unless he is informed that— a the prosecutor will not in any event consent to summary trial of the charge under Article 45 of the Order; or b a district judge (magistrates’ court) has decided that it is not expedient to deal with the charge summarily. Written notice under Article 45(1) of the Order 44 1 The written notice to be given to the accused under Article 45(1) of the Order may be served on him together with or contained in a summons alleging the offence or, if he is arrested, given to him as soon as practicable after he is formally charged with the offence after arrest. 2 Where the prosecutor informs the court that he does not object to the charge being dealt with summarily, the court shall not deal summarily with any offence specified in Schedule 2 to the Order until the expiration of twenty-four hours after the notice under Article 45(1) of the Order is given to the accused, unless a written waiver such as is referred to in the said Article 45(1) of the Order waiving the requirement of the twenty-four hours’ notice under the said Article 45(1) has been signed by the accused and handed to the court and the court is satisfied in accordance with Rule 45(4) and (5) that the accused understands that he has the right to be tried [ by a jury at the Crown Court and appreciates the meaning of such right including the circumstances in which a trial at the Crown Court may be heard by a judge sitting without a jury.] 3 Where the prosecutor informs a district judge (magistrates’ court) or lay magistrate having jurisdiction to conduct a ... preliminary inquiry that the proceedings against the accused are to be taken on indictment, nothing in this Rule or Rule 43 shall operate so as to require proof that the said notice has been given to the accused. Procedure where court decides to deal with an indictable offence summarily under Article 45 of the Order 45 1 The procedure shall, until the district judge (magistrates’ court) assumes the power to deal with the offence summarily, be the same in all respects as if the offence were to be dealt with, throughout as an indictable offence. 2 The evidence of any witness (other than a witness whose written statement has been admitted in evidence at a preliminary inquiry under Article 33 of the Order) taken before the district judge (magistrates’ court) assumed such power need not be taken again, but every such witness shall, if the accused or the prosecutor or his counsel or solicitor so require, be recalled for the purpose of cross-examination. 3 From and after the time when the district judge (magistrates’ court) assumes the power to deal with the offences summarily (subject to the remaining provisions of this Rule) the procedure before and powers exercisable by the district judge (magistrates’ court) shall be the same as in the hearing of a complaint charging a summary offence. 4 The district judge (magistrates’ court) shall, after deciding that it is expedient to deal with the case summarily, cause the charge to be read to the accused and, if he considers it desirable, explain the meaning of the case being dealt with summarily and of committing an accused for trial by jury at the Crown Court. Such explanations shall include a statement as to the Crown Court at which the accused may be tried and the circumstances in which a trial at the Crown Court may be heard by a judge sitting without a jury.] 5 The district judge (magistrate’s court)] shall next address the accused as follows— Do you wish to be tried at the Crown Court, or do you consent to the case being dealt with summarily? ] and if the accused consents to be dealt with summarily, the district judge (magistrate’s court) shall ask him “Do you plead guilty or not guilty?”] 6 [ ... ] 7 [ ... ] 8 The district judge (magistrates’ court) may instead of giving the explanation required by [ paragraph (4)] or addressing the accused, as would otherwise be required by [ paragraph (5)], cause such explanation to be given or the accused to be addressed in open court in the appropriate manner by an official of the court and that course shall be sufficient compliance with this Rule. Conviction of offence other than that charged where indictable offence dealt with summarily 46 Where a district judge (magistrates’ court) in exercise of the power conferred by Article 46(3) of the Order, having dealt summarily with a charge for an indictable offence, convicts the accused of an offence in the alternative to that charged, an entry to that effect shall be made in the Order Book and specifying the alternative offence of which he was convicted. Preservation of depositions where indictable offence is dealt with summarily 47 Where a person charged with an indictable offence has been tried summarily under Article 45 of the Order by a district judge (magistrates’ courts), the clerk of petty sessions shall preserve for a period of at least three years such depositions as have been taken or admitted . F. DEPOSITIONS OF SICK OR DYING PERSONS Taking of depositions under Article 28 or 41 of the Order 48 1 Where an application for the taking of the deposition of a person under Article 28 or Article 41 of the Order is granted by a district judge (magistrates’ court) or lay magistrate, such district judge (magistrates’ court) or lay magistrate shall cause to be served in such manner as he may direct on the accused and the prosecutor a notice in writing specifying where and when the deposition is to be taken. 2 Where a person in prison custody has received a notice under paragraph (1) the governor of the prison in which the person is confined shall cause him to be conveyed to the place mentioned in the notice for the purpose of being present at the taking of the deposition and sub-section (3) of section 16 of the Prison Act (Northern Ireland) 1953 shall apply to a person who is so conveyed as though the Secretary of State had made a direction under sub-section (1) of that section. 3 The district judge (magistrates’ court) or lay magistrate taking the deposition shall sign it and attach thereto a statement of his reason for taking it and of the day when and the place where it was taken and of the names of the persons, if any, present at the taking thereof. 4 The district judge (magistrates’ court) or lay magistrate taking the deposition shall cause it to be transmitted with his statement under paragraph (3)— a if the deposition is taken under Article 41 of the Order and relates to an offence for which the accused is already committed for trial, to the chief clerk ...; or b in any other case, to the clerk of petty sessions . G. REMANDS Remand for inquiry into physical or mental condition 49 On exercising the powers conferred by Article 51 of the Order in remanding a person for a report on his mental or physical condition a magistrates’ court shall— a where the person is remanded, in custody, send to the place to which he is committed; and b where the person is released on bail, send to the hospital or place at which, or the person by whom, he is to be examined, a statement of the reasons for which the court is of opinion that an inquiry ought to be made into his physical or mental condition, and any information before the court about his physical or mental condition. Remand on bail under Article 47(4) of the Order for longer than eight or, as the case may be, twenty-eight days where sureties have not entered recognizances 50 Where the court, with a view to a person’s being remanded on bail under Article 47(4) of the Order for a period exceeding eight days or, where Article 47(3) of the Order applies, 28 days, has fixed the amount of the recognizances to be taken for that purpose but commits that person to custody because the recognizances of the sureties have not yet been taken, the warrant of commitment shall direct that such person be brought before the court at the end of the period or at such earlier time as may be specified in the warrant, unless in the meantime the sureties have entered into their recognizances. Accused to be told of his right to apply to High Court or Crown Court for bail 51 1 Where a magistrates’ court remands a person in custody it shall inform him of his right (where such right exists) to apply for bail to the High Court. 2 Where a magistrates’ court commits a person for trial in custody it shall inform him of his right (where such right exists) to apply for bail to the Crown Court or the High Court. H. FORMAL ADMISSIONS Formal admissions under section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 52 Without prejudice to Rule 38 where under section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 a fact is admitted orally in court by or on behalf of the prosecutor or the accused for the purposes of any criminal proceedings before a magistrates’ court, the court shall cause the admission to be written down and signed by or on behalf of the party making the admission. [ I. ROAD TRAFFIC OFFENDERS (NORTHERN IRELAND) ORDER 1996 Applications under Article 37(6) and (7) of the Road Traffic Offenders (Northern Ireland) Order 1996 52A 1 In this rule and Rules 52B and 52C- a “ the Offenders Order ” means the Road Traffic Offenders (Northern Ireland) Order 1996; b “course organised” and “supervising court” have the meanings assigned to them by Article 38(2) of the Offenders Order. 2 An application to the supervising court under Article 37(6) or (7) of the Offenders Order shall be made in Form 122 within 28 days of the date specified in the order under Article 36(2) of the Offenders Order in respect of the applicant’s period of disqualification. 3 The application shall be served on the clerk of petty sessions and on the course organiser and in the case of an application under Article 37(6) of the Offenders Order shall be accompanied by the notice under Article 37(5) of the Offenders Order. 4 On being served with such an application, the clerk of petty sessions shall fix a date and time for the hearing of the application and notify the applicant and course organiser of the date and time so fixed. 5 If the applicant or the course organiser fails to appear or be represented at the hearing of the application without reasonable excuse, the court may adjourn the hearing or decide the application in his absence. Notice of order under Article 27 of the Offenders Order 52B Where the court makes an order under Article 27 of the Offenders Order that a defendant shall inform the court of his date of birth or sex or both and the defendant is not present in court, the clerk of petty sessions shall serve notice of that order on the defendant in Form 123. Application for removal of disqualification 52C 1 Part VII of the Order and Part V of these Rules shall apply to an application under Article 47 of the Offenders Order for an order removing a disqualification for holding or obtaining a licence.] [ J. CRIME (INTERNATIONAL CO-OPERATION) ACT 2003 [ Applications and procedures under the Crime (International Co-operation) Act 2003 52D In this rule and rules 52E to 52M— a “ the Act ” means the Crime (International Co-operation) Act 2003; b “ process ” has the same meaning as in section 51(3) of the Act; c “ relevant proceedings ” means proceedings under Part 1 or Part 2 ... of Schedule 2 to the Act; and d “ external court” or “external authority ” means the court or authority from which a request under section 30 or 31 ... of the Act is received.] Notice required to accompany process served outside the United Kingdom 52E 1 The notice which by virtue of section 3(4)(b) of the Act shall accompany any process served outside the United Kingdom shall give the information specified in paragraphs (2) and (4). 2 The notice shall— a state that the person required by the process to appear as a party or attend as a witness may obtain information about his rights in connection with such requirement from the relevant authority; and b give the particulars specified in paragraph (4) about that authority. 3 The “relevant authority” where the process is served— a at the request of the prosecuting authority, is that prosecuting authority; b at the request of the defendant, or of the prosecutor in the case of a private prosecution, is the court by which the process is served. 4 The particulars referred to in paragraph (2) are— a the name and address of the prosecuting authority or, as the case may be, the court, together with its telephone and fax numbers and e-mail address; b the name of a person at the prosecuting authority or, as the case may be, the court who can provide the information referred to in paragraph (2)(a), together with his telephone and fax numbers and e-mail address. 5 Where section 3(3) of the Act applies, the clerk of petty sessions shall require any process served outside the United Kingdom to be accompanied by— a any translation which is provided under section 3(3)(b) of the Act; and b any translation of the information required to be given by this Rule which is provided to him. Proof of service outside the United Kingdom 52F 1 The service on any person under section 4(1) of the Act of any process issued or made may be proved in any proceedings by a certificate given by or on behalf of the Secretary of State. 2 A statement in any such certificate as is mentioned in paragraph (1)— a that a process has been served; b of the manner in which service was effected; c of the date on which a process was served, shall be admissible as evidence of any facts so stated.”] [ Notice of application for request for assistance 52G 1 An application under section 7(1) of the Act (request for assistance in obtaining evidence abroad) shall, subject to paragraph (2), be made by giving notice in writing to the clerk of petty sessions and shall— a state the particulars of the offence which it is alleged has been committed or the grounds upon which it is suspected that an offence has been committed; b state whether proceedings in respect of the offence have been instituted or the offence is being investigated; and c include particulars of the assistance requested in the form of a draft request for assistance. 2 The court may direct that paragraph (1) need not be complied with if it is satisfied that the applicant has good reason to make the application as soon as possible and it is not practicable to comply with that paragraph. Notice of application for a domestic freezing order 52GA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Variation or revocation of a domestic freezing order 52GB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings before a nominated court 52H In proceedings before a nominated court pursuant to a notice under section 15(1) of the Act, the court may— a determine who may appear or take part to the proceedings under Schedule 1 of the Act, and whether a party to the proceedings is entitled to be legally represented; and b if it thinks it necessary to do so in the interests of justice, direct all or any person not being members or officers of the court or parties to the proceedings, their solicitor or counsel, or other persons directly connected with proceedings, be excluded from the court during the proceedings. Record of proceedings before a nominated court 52I 1 In proceedings before a court nominated pursuant to a notice under section 15(1) of the Act, the court shall make a record of the evidence received by the court and the information prescribed in paragraph (2). 2 The information referred to in paragraph (1) is— a details of the request in respect of which the notice under section 15(1) was given; b the date on which, and place at which, the proceedings under Schedule 1 in respect of that request took place; c the name of any witness who gave evidence at the proceedings in question; d the name of any person who took part in the proceedings as a legal representative or as an interpreter; e whether a witness was required to give evidence on oath or after making a solemn affirmation; and f whether the opportunity to cross-examine any witness was refused. 3 When, under paragraph 6(1) of Schedule 1 to the Act, the court sends the evidence received by it to the court or authority that made the request, or to the territorial authority for forwarding to the court or authority that made the request, the clerk of petty sessions shall send to the court, authority or, as the case may be, territorial authority a copy of an extract of so much of the record as relates to the proceedings in respect of the request. 4 Proceedings before a court nominated pursuant to a notice under section 15(1) shall be heard at an appropriately equipped venue to allow for the recording of evidence. Consideration of an overseas freezing order 52IA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Release of evidence subject to an overseas freezing order 52IB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpreter for the purposes of proceedings involving a television or telephone link 52J 1 This rule applies where the court nominated under section 30(3) (hearing witnesses in the UK through television links) ... is a magistrates’ court. 2 Where it appears to the clerk of petty sessions that the witness to be heard in the relevant proceedings is likely to give evidence in a language other than English, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into English. 3 Where it appears to the clerk of petty sessions that the witness to be heard in the relevant proceedings is likely to give evidence in a language other than that in which the external court will be conducted, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into the language in which the proceedings of the external court will be conducted. 4 Where the evidence in the relevant proceedings is given in a language other than English and is not translated into English by an interpreter, the court shall adjourn the proceedings until such time as an interpreter can be present to provide a translation into English. Record of proceedings by television link before a nominated court 52K 1 In proceedings before a court nominated pursuant to a notice under section 30(3), the court shall make a record of the evidence given in the presence of the court and the information prescribed in paragraph (2). 2 The information referred to in paragraph (1) is— a details of the request in respect of which the notice under section 30(3) was given; b the date on which, and the place at which the proceedings under Part 1 of Schedule 2 in respect of the request took place; c the technical conditions, such as the type of equipment used, under which the proceedings took place; d the name of the witness who gave evidence; e the name of any person who took part in the proceedings as a legal representative or as an interpreter; and f the language in which the evidence was given. 3 As soon as is reasonably practicable after the proceedings under Part 1 of Schedule 2, the clerk of petty sessions shall send to the external authority that made the request a copy of an extract of so much of the record as relates to the proceedings in respect of that request. 4 Proceedings before a court nominated pursuant to a notice under section 30(3) shall be heard at an appropriately equipped venue to allow for the recording of evidence. Record of proceedings by telephone link before a nominated court 52L 1 In proceedings before a court nominated pursuant to a notice under section 31(4), the court shall make a record of the evidence given in the presence of the court and the information prescribed in paragraph (2). 2 The information referred to in paragraph (1) is— a details of the request in respect of which the notice under section 31(4) was given; b the date on which, and place at which, the proceedings under Part 2 of Schedule 2 took place; c the names of the witnesses who gave evidence; d the name of any person who took part in the proceedings as a legal representative or as an interpreter; and e the language in which the evidence was given. 3 As soon as is reasonably practicable after the proceedings under Part 2 of Schedule 2, the clerk of petty sessions shall send to the external authority that made the request a copy of an extract of so much of the record as relates to the proceedings in respect of that request. 4 Proceedings before a court nominated pursuant to a notice under section 31(4) shall be heard at an appropriately equipped venue to allow for the recording of evidence. Restriction on access to records kept under Rules 52I, 52K and 52L 52M 1 The records kept under Rules 52I, 52K and 52L shall not be open to inspection by any person except— a as authorised by the Secretary of State; or b with the leave of the court.”] [ K. ASSISTANCE WITH COMMUNICATION Assistance with communication for a defendant who does not speak English or who has a hearing or speech impediment 52N 1 In this Rule— a references to a defendant who needs interpretation mean— i a defendant who needs interpretation because he does not speak or understand English; or ii a defendant who needs assistance because he has a speech or hearing impediment; b where a defendant has a hearing or speech impediment, references to an interpreter include a person appointed— i to communicate to the defendant anything said at the hearing and explain it so far as is necessary for the defendant to understand it; or ii to communicate any answers given by the defendant, and any other matters that the defendant seeks to convey, and explain them so far as is necessary to enable the court and others present at the hearing to understand them, and references to interpretation shall be construed accordingly; c references to acting at a hearing include assisting the defendant to communicate with his legal representative during the hearing and in relation to such assistance, paragraph (1)(b)(ii) has effect as if the reference to the court and others present at the hearing were to the legal representative. 2 Where a defendant who needs interpretation is due to be present at a hearing, the clerk of petty sessions shall appoint an interpreter to act at the hearing unless another organisation is responsible for appointing an interpreter to act at that hearing. 3 Before an interpreter begins to act at a hearing, an oath or affirmation shall be administered to the interpreter. 4 Before an interpreter is sworn or makes his affirmation, the interpreter’s name shall be read out and any party to the proceedings may object to the interpreter on any reasonable ground. 5 If the court upholds an objection made under paragraph (4), the interpreter shall not be sworn or make his affirmation and the clerk of petty sessions shall appoint another interpreter. 6 Where, on application or of its own motion, the court is satisfied that a document is essential, it shall order that a written translation of the document, or a relevant passage thereof, is provided to a defendant who needs interpretation unless— a the defendant unequivocally and voluntarily waives his right to translation and has had legal advice or otherwise has full knowledge of the consequences of such a waiver; or b provision of an oral translation or oral summary of the document, or the passage thereof, would not prejudice the fairness of the proceedings. 7 On application, the court may give any direction which it considers appropriate where— a no interpreter has been appointed; b on a previous application under paragraph (6), the court determined that there was no need for translation of the document, or a passage thereof, specified in the application; or c the defendant submits that the quality of interpretation or translation is not sufficient to safeguard the fairness of the proceedings. 8 The clerk of petty sessions shall record— a the identity of any interpreter appointed to act at a hearing; b any decision to provide an oral translation or oral summary of an essential document or a passage thereof; c any waiver by a defendant of his right to written translation; and d any direction given under paragraph (7)] L. THE CRIMINAL JUSTICE (EUROPEAN INVESTIGATION ORDER) REGULATIONS 2017 Interpretation 52O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for European investigation order 52P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Variation or revocation of a European investigation order 52Q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART IV DEBT AND EJECTMENT PROCEEDINGS A. RULES APPLICABLE TO BOTH DEBT AND EJECTMENT PROCEEDINGS Definitions 53 In these Rules the following expressions have the meanings hereby assigned to them:— “debt proceedings” or “ejectment proceedings”, where necessary, include proceedings for the enforcement of orders made in such proceedings; “ formal order ” refers to the document issued by the court and includes a decree, a dismiss, an order under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 and an attachment of earnings order under Article 99 of the said order; “ process ” includes an application for a duplicate of an order, and (save as expressly accepted by Rules 58 and 60) an enforcement or committal process under Articles 106 to 110 of the said Order of 1981. Time and issue of process 54 A process shall be deemed to have been issued when it has been stamped, signed, and handed or sent by post to a summons server or to such other person as may be authorised to serve it, or to the clerk of petty sessions ... for a delivery to a summons server or when service is effected in accordance with Rule 60. Signature on process 55 Every process and every copy thereof for service shall be signed by the plaintiff or by his solicitor or firm of solicitors, or in the name of such solicitor by some person duly authorised to sign. Times of hearing of processes 56 Processes shall be issued for hearing at such sittings of the court of summary jurisdiction as may from time to time be directed by the district judge (magistrates’ courts) .... Costs of process to be stated 57 1 The amount of the costs of a process payable to the defendant if the claim is paid or, if possession of the premises the recovery of which is sought is surrendered before entry day as provided by Rule 66, shall be stated on the face of the process. If the amount of the claim is paid or if possession is surrendered and such costs are so paid before entry day the proceeding shall be stayed. 2 The amount of the costs payable where the claim is paid or possession is surrendered of both, as the case may be, before entry day in accordance with this Rule shall be either fifty per centum of the solicitor’s costs in column (2) in Table 1 of Schedule 2 or of the solicitor’s costs in column (1) in Table 1 of Schedule 3, as appropriate, together with the plaintiff’s outlay properly incurred to date of settlement. 3 Where proceedings for arrears of rent or for sums due under Article 69 of the Order are joined with a claim for the recovery of the premises, the appropriate Table is that applicable to ejectment proceedings. Modes of service of process 58 1 Except where otherwise provided by these Rules service of a process shall be effected— a by delivering to the defendant personally a true copy thereof; or b subject to paragraph (2), by leaving a true copy thereof for the defendant at his usual or last known place of abode or at his place of business with some person apparently over the age of sixteen years. 2 Sub-paragraph (b) of paragraph (1) shall not apply to the service of an enforcement process or a committal process. 3 Without prejudice to paragraph (1), a process in ejectment proceedings may be served on the tenant and on any person in actual possession or occupation of the land or premises. 4 If for any reason service of a process issued in ejectment proceedings cannot be effected in accordance with paragraphs (1) or (3), such process may be deemed to be served if a true copy thereof is affixed to some conspicuous part of the premises. 5 The provisions of this Rule shall be in addition to and not in derogation of the provisions of any enactment authorising the service of documents in any proceedings upon any person or body. Persons entitled to serve processes 59 1 Subject to paragraph (2) and to Rules 60 and 130(2) no person other than a summons server for the administrative court division in which proceedings are brought or in which the defendant resides shall have authority to serve a process. 2 Where in any such division a summons server is absent or unable to carry out his duties through illness or other cause, or when the office of summons server is vacant, a process may be served by some other person, if permission for such other person to serve the process has been given by a district judge (magistrates’ court) or by the clerk of petty sessions and has been endorsed or signed by him on the original process. 3 Nothing in this Rule shall affect the provision of section 60 of the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 . Special mode of service 60 1 Notwithstanding anything in Rules 58 and 59 where— a it is made to appear to a district judge (magistrates’ court) or clerk of petty sessions that a process cannot be served because the defendant is evading service or admission cannot be gained to his residence or business premises or it is not reasonably practicable to serve the process otherwise, he may give permission by an endorsement signed by him on the original process for service to be affected by registered post or by the recorded delivery service or in such other manner as may seem to him appropriate or sufficient and such service shall be deemed to be sufficient service; or b a solicitor represents that he is authorised to accept service of a process on behalf of any defendant, such service may be effected by the delivery by any person of a copy of the process to that solicitor provided that the solicitor endorses and signs on the original a memorandum stating that he is so authorised as aforesaid and that he accepts service accordingly. 2 This Rule shall not apply to the service of an enforcement process or a committal process. Time for service 61 In all cases service of a process shall be effected at least ten days before the date of hearing. Summons server’s Process Book 62 1 A summons server shall keep a book (called a Process Book) in which he shall enter the names of the parties to any process handed to him for service, with the date on which he receives it and the date and place of service and the manner in which he has served it. 2 In any case in which a process has not been duly served, the summons server shall enter the cause of non-service in the Process Book. 3 The summons server shall endorse upon the original of each process he has served the date, place and manner of service, and sign the endorsement. 4 The summons server shall lodge his Process Book with the clerk of petty sessions and, except where the court allows proof of the service of a process by affidavit [ or certificate in Form 111A] in accordance with Article 126 of the Order or where a district judge (magistrates’ court) otherwise directs, shall attend at each sitting of a court of summary jurisdiction for the hearing of processes served by him and produce his Process Book or give evidence as to service, as may be directed by the court. 5 In the case of the death, illness, or unavoidable absence of a summons server form a sitting of a court at which he would otherwise be required to attend, his Process Book, if produced to the court and verified on oath as to his handwriting by some creditable person, shall be prima facie evidence of any matter entered therein. Person other than summons server to prove service 63 In any case where a process is served by a person other than summons server, except as provided by Rule 60(1)(b), that person shall endorse upon the original the date, place and manner of service and affix his signature thereto and shall also, unless proof of service is given by affidavit [ or certificate in Form 111A] in accordance with Article 126 of the Order, attend the sitting of the court at which the process is to be heard, and give such evidence as to the date, place and manner of service as the court may require. [ Receipt of certificate of service of process in evidence 63A Any document purporting to be given as a certificate in Form 111A shall be received in evidence and shall be deemed to be duly made until the contrary is shown.] Service deemed good 64 A district judge (magistrates’ court) may in any case declare the service of a process however effected sufficient. Process Register and extract therefrom 65 1 The clerk of petty sessions shall keep a register (to be called the Process Register) in which he shall make the entries relating to each proceeding as specified by the headings to the columns in the register. 2 Separate Process Registers shall be kept for debt and ejectment proceedings and are referred to in these Rules as “ The Debt Process Register” or “The Ejectment Process Register ”, respectively. 3 The Process Register shall be signed at the foot of each page by the district judge (magistrates’ court) who had adjudicated upon the proceedings entered thereon or, where he is unavailable, by the clerk of petty sessions, provided that: a where a page contain records of proceedings heard on more than one date it shall be signed either by the appropriate district judge (magistrates’ court) or, where he is unavailable, by the clerk of petty sessions at the last entry on each date; or. b where a page contains records of proceedings heard by more than one district judge (magistrates’ court) it shall be signed either by the appropriate district judge (magistrates’ court) at the last entry of any proceedings heard by him or, where he is unavailable, by the clerk of petty sessions.] 4 Any person who satisfies a district judge (magistrates’ court) or a clerk of petty sessions that he has a bona fide interest in the matter may obtain from the clerk of petty sessions, upon payment of the prescribed fee, a memorandum of a proceeding entered in the Process Register. Entry of process 66 1 When it is desired to enter or re-enter a process for hearing, the plaintiff or his solicitor shall lodge the original with the clerk of petty sessions on or before the entry day and details of such process shall be entered into the Process Register and where the hearing is adjourned or after the court has made an order in favour of the plaintiff the process shall be returned to the plaintiff or his solicitor. 2 For the purposes of Rule 57 and of this Rule the entry day shall be the fourth day before the hearing; but when such day is a Saturday, Sunday or a public holiday, the entry shall be made on the previous week-day other than Saturday. Re-entry of process where hearing adjourned 67 1 Where the hearing of a debt or ejectment proceeding is adjourned the court shall not continue with the proceeding until the process is re-entered in accordance with Rule 66. 2 Where the court in the absence of the defendant or his solicitor adjourns the proceedings, the plaintiff or his solicitor shall notify the defendant or his solicitor of the fact the the process has been re-entered and of the time and place of the adjourned hearing. Striking out of proceeding 68 The entry of the words “Struck Out” in the Process Register shall be a sufficient record of the striking out of a proceeding under Article 73(3) of the Order. Withdrawal of proceeding 69 Where the court acting under Article 73(4) of the Order allows a proceeding to be withdrawn the word “Withdrawn” shall be entered in the appropriate column of the Process Register. Order on consent where defendant appears 70 1 In a proceeding in which a defendant appears and admits that the amount stated in the process is due by him, or agrees to surrender possession of the premises sought to be recovered by the plaintiff and to pay any rent or arrears of rent which may be due to the plaintiff, the court may without hearing evidence make an order against him for the amount or for recovery of possession with costs and in doing so may postpone the issue of the decree in accordance with Article 116 of the Order for such period and upon such terms as it thinks fit. 2 Where the plaintiff does not appear before the court in person an order shall be made under this Rule only where the plaintiff’s solicitor or counsel is present and applies for it to be made. Order on written consent 71 If a defendant in the presence of a solicitor or his apprentice or clerk has signed a document consenting to an order, other than a committal order, being made against him, the court may make such order with costs upon such proof of the defendant’s signature to the consent as the court may require. Undefended proceedings 72 For the purposes of these Rules a claim in debt or ejectment proceedings shall be treated as undefended where— a the defendant fails to appear and the court, after proof of service of the process, makes an order against him; or b where an order is made on the consent of the defendant; or c the court so directs. Order where more than one defendant 73 1 In a proceeding in which two or more persons are named as defendants in a process, the court may make an order for payment of the amount claimed or for the recovery of possession of premises sought to be recovered against one or more of these persons, and strike out, dismiss, or allow to be withdrawn the proceeding against the remainder. 2 Where a proceeding is dismissed under this Rule, the court may order that any costs awarded on the dismiss, and which the plaintiff is liable to pay, shall be recovered by way of recoupment by the plaintiff from the defendant or defendants against whom an order is made, in addition to the plaintiff’s costs of the order. Dismiss 74 Where the court dismisses a claim upon the merits or without prejudice to a further claim in the same matter, the court shall so state by its formal order and the entry of the words “Dismissed on the Merits” or, as the case may be, “Dismissed Without Prejudice” in the appropriate Process Register shall be a sufficient record of the order. Procedure where previous dismiss is produced 75 Where in a proceeding a defendant produces a dismiss without prejudice obtained by him against the plaintiff for the same cause of action, the plaintiff shall not be at liberty to proceed until he has paid to, or satisfied the defendant for the amount for costs shown in such dismiss. Where process not entered by plaintiff it may be entered on application of defendant 76 1 Where a process which has been duly served has not been entered or re-entered for hearing by the plaintiff or his solicitor, the defendant or his solicitor may, on the day of the hearing, lodge in court the copy served on the defendant and apply to have it entered or re-entered as the case may be. 2 Upon such an application the court may order the process to be entered or re-entered and dismiss the claim without prejudice to a further claim in the same matter, with costs. Preparation of forms in debt or ejectment proceedings 77 1 The party who brings the proceedings, or his solicitor, shall be responsible for the preparation of the process and all copies required for service. 2 The party in whose favour an order is made in a proceeding, or his solicitor, shall be responsible for the preparation of the formal order to be issued by the court. 3 The proper officer for the purposes of Article 116(3) of the Judgments Enforcement (Northern Ireland) Order 1981 shall be the clerk of petty sessions and, when an attachment of earnings order under Article 99 or an enforcement order or a committal order under Article 107 of that Order is lodged with the clerk, a duplicate of the formal order shall be attached thereto which, when signed in accordance with Rule 79(1), shall be transmitted to the Enforcement of Judgments Office in accordance with the said Article 116(3). Disposal of process 78 1 A plaintiff in whose favour an order has been made shall lodge the original process with the clerk of petty sessions when the form of the formal order is handed to the clerk who shall return the process to the plaintiff or his solicitor together with the formal order. 2 Where a process has been entered or re-entered by the plaintiff for hearing and upon the hearing the court orders a dismiss, the defendant or his solicitor shall lodge the copy of the process served on him with the clerk of petty sessions when the form of the formal order is handed to the clerk who shall return it to the defendant or his solicitor together with the formal order. 3 A copy process entered or re-entered by the defendant or his solicitor in accordance with Rule 76 and in respect of which a dismiss without prejudice with costs has been obtained, may be returned to the defendant or his solicitor for the purpose of preparing the formal order and shall otherwise be dealt with as an original process under paragraph (1). Signing of formal orders in debt or ejectment proceedings 79 1 A formal order issued by the court shall be signed by the resident magistrate who made the order or by some other resident magistrate or by the clerk of petty sessions. 2 A formal order shall be deemed to be issued on the earliest day it may lawfully be issued whether or not in fact it is actually issued on that day and such day shall be entered on the formal order as the date of issue. Transfer of proceedings to county court 80 Where the court orders proceedings to be transferred to the county court under Article 75 of the Order it shall cause the clerk of petty sessions to transmit forthwith the original process and any notice of set-off or counterclaim or other document lodged in court in relation to the matter, together with a statement of the reasons for the transfer, to the county court, and, at the same time, to send all parties to the proceeding notice in writing of the transfer. Enlargement or abridgement of times 81 The court may, upon such terms as it thinks fit, enlarge or abridge any of the times fixed by these Rules for taking any step or doing an act in debt or ejectment proceedings, or declare any step taken or act done to be sufficient even though not taken or done within the time or manner prescribed by the Rules. Effect of non-compliance with Rules 82 1 Non-compliance with any of the Rules in this Part shall not render any proceeding void, but, in case of such non-compliance, the court may direct that the proceeding be treated as void, or that it may be set aside in part as irregular, or that it be amended or otherwise dealt with in such manner or upon such terms as the court thinks fit. 2 The clerk of petty sessions shall make a note of any ruling under paragraph (1) in the appropriate Process Register. 3 When the court directs that the proceeding be treated as void, it shall have power to award, if it thinks fit, such costs as it could have awarded if it had dismissed the proceeding. Claims for rent joined under Article 72(3) of the Order with claims in ejectment 83 In a proceeding in which a claim for rent or sums due under Article 69 of the Order is joined to a claim for the recovery of premises in accordance with Article 72(3) of the Order so much of Rules 85 to 90 as is applicable shall have effect in relation to the proceeding. B. RULES APPLICABLE TO DEBT PROCEEDINGS Contents of process in debt proceedings 84 1 A process issued in debt proceedings shall set forth the full name and address of the plaintiff and of the defendant, the nature and amount of the claim and reasonable particulars thereof. 2 Where an amount is abandoned under Article 64 of the Order in order to bring the sum claimed within the jurisdiction of a court of summary jurisdiction, there shall be inserted in the process a statement of the fact of such abandonment after the particulars of claim. 3 Two or more causes of action may be joined in the same process, provided that the amount claimed in respect of each such cause be stated in the particulars of claim and, except in cases to which Article 62(2) of the Order applies, the total amount does not exceed £100. 4 In a proceeding brought for a sum exceeding £100 the process shall state the enactment declaring such sum to be a debt or civil debt recoverable summarily. 5 In a proceeding on a bill of exchange, promissory note, or other security for money, the process shall state the date of such security, the sum for which it was given, the parties thereto, the sums claimed to be due thereon for principal and interest respectively, and the times at which such sums respectively became due and payable. 6 In a proceeding for rent, or for use and occupation, the process shall state the amount claimed, the time up to which the amount is alleged to be due and the situation of the lands or premises in respect of which the claim is made, and when brought upon a lease or other instrument, the date thereof and the parties thereto respectively. 7 In a proceeding brought by an assignee of a debt, the process shall state the name and the description of the assignor, and the nature and date of the assignment. 8 In a proceeding brought upon any written document not mentioned before in this Rule, the process shall state the date and nature of the document, and the parties thereto. Set-off or counterclaim 85 1 Where a defendant desires to set-off any sum, or to make any counterclaim, he shall give to the plaintiff notice in writing specifying the amount of the set-off or counterclaim and giving reasonable particulars thereof at least six days before the hearing, and shall also at least two days before the hearing lodge a copy of such notice with the clerk of petty sessions. 2 Where an amount is abandoned under Article 64 of the Order in order to bring the sum specified in the notice of set-off or counterclaim within the jurisdiction of a court of summary jurisdiction there shall be inserted in the said notice a statement of the fact of such abandonment after the particulars of the set-off or counterclaim. Details of claim, set-off or counterclaim may be demanded 86 1 A defendant who desires to be supplied with further or detailed particulars of a claim made against him in a process or a plaintiff who desires similar particulars of a set-off or counterclaim may give written notice demanding such particulars. 2 A notice under this Rule shall be given at least four days before the date of hearing. 3 Where particulars have not been furnished in compliance with this Rule the court may either proceed with the hearing or may, upon such terms as it thinks fit, adjourn the case and order such particulars to be delivered. Order where debt paid before hearing 87 1 Where a defendant has paid the amount claimed in a process before the date of hearing, but has not paid the appropriate costs up till the date of payment, the court may make an order for the payment of the amount in the process with the costs, and direct that credit be given to the defendant for the amount paid. 2 Where a claim in debt proceedings is not defended, evidence by the solicitor for the plaintiff that the full amount claimed has been received from the defendant after the issue of the process may be accepted as evidence that the amount claimed was due from the defendant at the time the process was issued. Order where payments made on account before hearing 88 Where a defendant, subsequent to the issue of a process but before the hearing, makes any payment on account of the amount claimed which would have the effect of reducing it to an amount which would carry a smaller sum for costs than the amount claimed, the court may, upon proof of the date of such payment, make an order for the payment of the amount proved to be due at the issue of the process, with the appropriate costs, and direct that credit be given to the defendant for any sum paid. Dismiss on proof of set-off or counterclaim 89 Where a dismiss is given by reason of the defendant establishing a set-off or counterclaim, that reason shall be stated on the dismiss. Tender 90 1 Where the defence is a tender before action brought, such defence shall not be available unless the defendant lodges with the clerk of petty sessions, at least two days before the hearing, the amount alleged to have been tendered and serves notice of such lodgment on the plaintiff. 2 At the time of the making of an order in a proceeding where the amount of the tender has been lodged with the clerk, the court shall in addition order that the amount lodged be paid out to the parties upon such conditions and in such manner as it may think fit. Issue of decree after postponement subject to payment by instalments 91 Where the court has postponed the issue of a decree subject to terms imposed under Article 116 of the Order, whether as to payment of sums periodically or otherwise, the decree shall not issue until there has been default in compliance with such terms (which includes in relation to such payment, default in payment of an instalment) and an affidavit or statutory declaration setting out particulars of the default has been lodged with the clerk of petty sessions. Costs in debt proceedings 92 1 Costs of the amount set forth in the appropriate scale in Schedule 2 shall be recovered by a successful party in debt proceedings who has been represented by a solicitor or by a solicitor who is a successful party. 2 An amount corresponding to the fixed value of stamps upon documents issued on behalf of a successful party in debt proceedings, together with any witnesses’ expenses and any fixed fee paid by him to a summons server or other person for the service of a process shall be added to the costs awarded to him under paragraph (1) and shall form part of his costs in the proceedings. 3 The court shall award by way of costs to a successful party who has not been represented by a solicitor, in addition to any witnesses’ expenses, any fee paid or to be paid by him, but no other costs. 4 Subject to paragraph (6) in addition to the costs, fees and expenses referred to in this Rule, a successful party may recover a sum equivalent to the value added tax at the appropriate rate on so much of the amount of those costs, fees and expenses as were incurred in respect of any taxable supply of goods or services within the meaning of the Value Added Tax Act 1983 ; but only in so far as the tax is not deductible as input tax by the successful party. 5 Subject to paragraph (6), in a decree there shall be added after the words “witnesses’ expenses” the words “and, in addition, any sum for value added tax recoverable by the plaintiff [ or (in the case of a dismiss) defendant]”. 6 Paragraph (5) shall not apply to a decree in undefended proceedings within the meaning of Rule 72 or where value added tax is not recoverable by the successful party under paragraph (4). 7 In this Rule “ fixed ” means fixed by an order made under section 116 of the Judicature (Northern Ireland) Act 1978. Interest on amount awarded 93 The amount awarded by a decree (including any interest and costs thereby awarded) or the amount of costs ordered to be paid by a dismiss shall, subject to any direction by the court, carry interest at seven per cent per annum. Postponement of issue of decree to be stay of enforcement for purposes of Article 116(3) of the Judgments Enforcement (Northern Ireland) Order 1981 94 1 Postponement of the issue of a decree subject to payment by instalments shall be treated as a stay of enforcement on the ground of the debtor’s inability to pay for the purposes of Article 116(3) of the Judgments Enforcement (Northern Ireland) Order 1981. 2 Where the court makes such an order the clerk of petty sessions shall enter the order in the Debt Process Register in the column headed “Minute of Adjudication” and shall transmit a memorandum thereof to the Enforcement of Judgments Office. C. RULES APPLICABLE TO EJECTMENT PROCEEDINGS Contents of process in ejectment proceedings 95 1 Every process issued in ejectment proceedings shall set forth the statement identifying the premises possession of which is sought to be recovered in the proceedings and the grounds on which possession is claimed. 2 In a case to which sub-paragraph (a) of Article 67(1) of the Order applies the period and rent for which the premises were let, the date on which the interest of the tenant in the premises ended or, as the case may be, the date on which the notice to quit which determined the tenancy expired and the date on which such notice was served shall be stated in the process. 3 In a case to which sub-paragraph (b) of Article 67(1) of the Order applies the capacity in which the defendant was put into possession and the date on which the demand for possession was made shall be stated in the process. 4 In a case to which sub-paragraph (c) of Article 67(1) of the Order applies the process shall refer to the enactment under the provisions of which possession of the premises is obtainable or recoverable summarily and, if relevant, contain the particulars specified in paragraph (2). 5 Where a claim for the recovery of rent or for any sum for which the defendant is liable under Article 69 of the Order in respect of the period during which he has overheld the premises is joined in the same process as a claim for recovery of possession of those premises the provisions of paragraph (6) of Rule 84 shall apply to such process. Costs in ejectment proceedings 96 1 Costs of the amount set forth in the appropriate scale in Schedule 3 shall be recovered by a successful party in ejectment proceedings who has been represented by a solicitor or by a solicitor who is a successful party. 2 An amount corresponding to the fixed value of stamps upon documents issued on behalf of a successful party in ejectment proceedings, together with any witnesses’ expenses and any fixed fee paid by him to a summons server or other person for the service of a process shall be added to the costs awarded to him under paragraph (1) and shall form part of his costs in the proceedings. 3 The court shall award by way of costs to a successful party who has not been represented by a solicitor, in addition to any witnesses’ expenses, any fees paid or to be paid by him, but no other costs. 4 Paragraphs (4) to (6) of Rule 92 apply to ejectment proceedings as they apply to debt proceedings. 5 In this Rule “ fixed ” means fixed by an order made under section 116 of the Judicature (Northern Ireland) Act 1978. PART V Appeals or Applications commenced by Notice under Part VII of the Order Signature on notice 97 A notice under Part VII of the Order shall be signed by the appellant or applicant or by his solicitor or firm of solicitors, or in the name of the appellant or applicant or of such solicitor or firm of solicitors by some person duly authorised so to sign. [ Appeal against recognition of foreign driving disqualification in UK 97A 1 Where notice under Part VII of the Order is given of intention to appeal a decision under section 57 of the Crime (International Co-operation) Act 2003, the appellant shall— a serve with that notice a copy of the notice of intention to appeal given to the appropriate Minister in accordance with section 59(1) of that Act; b specify in that notice whether or not he or she intends to apply to the court to suspend the recognition of the disqualification under section 62(2) of that Act; and c state the grounds on which the appeal is made. 2 An application under paragraph (1) shall be made in accordance with the time limit set under section 59(3) of the Crime (International Co-operation) Act 2003.] Time of service of notice 98 1 Subject to Article 76(5) of the Order, a notice under Part VII thereof shall be served on the other party to the proceedings at least fourteen days and on the clerk of petty sessions at least seven days before the hearing of the appeal or application. 2 The notice served on the clerk of petty sessions shall be endorsed with the date upon which and the manner in which notice was served on the other party to the proceedings. 3 Without prejudice to the provisions of any enactment providing for the time within which an appeal may be made to a court of summary jurisdiction the court shall not hear and determine such appeal unless a notice under Part VII of the Order is served under paragraph (1) upon the other party to the proceedings from which the appeal is brought within three months after the making of the decision or determination appealed from has been notified to the appellant. Copy of decision or determination appealed from to be lodged 99 A copy of the decision or determination from which an appeal is brought shall be lodged with the clerk of petty sessions by the appellant at least seven days before the hearing of the appeal. Manner of service of notice 100 A notice under Part VII of the Order may be served by the appellant or applicant or any person authorised by him to serve such notice in accordance with section 24(2) of the Interpretation Act (Northern Ireland) 1954 . Times of hearing of appeals or applications 101 1 The hearing of appeals or applications shall be at such sittings of the court as from time to time may be directed by a district judge (magistrates’ courts) . 2 The court may, notwithstanding that Rule 98(1) or 99 has not been complied with, order, upon such terms as it thinks fit, that the appeal or application shall be heard. PART VI PROCEEDINGS UPON A COMPLAINT IN A CIVIL MATTER Order of Proceedings at the hearing of a complaint in a civil matter 102 The procedure upon the hearing of a complaint in a civil matter shall be as follows:— a the substance of the complaint shall be stated to the defendant and, if necessary, explained to him; whereupon, unless precluded from making an order without hearing evidence, the court shall ask him whether or not he admits the truth of the complaint; b where the defendant admits the truth of the complaint or consents to the making of an order against him under Article 80(3) of the Order, the court may be addressed first by the complainant or his counsel or solicitor and then by the defendant or his counsel or solicitor; c where the defendant does not admit the truth of the complaint or consent to the making of an order against him, the complainant or his counsel or solicitor shall call his evidence and before doing so may address the court; d at the conclusion of the evidence for the complainant, the defendant or his counsel or solicitor may address the court whether or not he afterwards calls evidence; e at the conclusion of the evidence, if any, for the defence, the complainant or his counsel or solicitor may, with the leave of the court, call evidence to rebut that evidence; f at the conclusion of the evidence, if any, for the defence and the evidence in rebuttal as aforesaid, the defendant or his counsel or solicitor may address the court— i if he has not previously done so; or ii with the leave of the court, if the defendant and any other witness have been called on the part of the defendant. Provided always that notwithstanding anything in the previous provisions of this Rule, the court may permit or invite the defendant or complainant or his counsel or solicitor to make a submission on a point of law arising at any stage of the proceedings and in that event shall permit the complainant or defendant or his counsel or solicitor, as the case may be, to reply. Entries in Order Book 103 1 Where the defendant or his representative on his behalf admits the truth of the complaint or consents to the making of an order under Article 80(3) of the Order, an entry to that effect shall be made in the Order Book as part of the order. 2 Where the court under Article 84 of the Order dismisses a complaint in a civil matter without prejudice to a further complaint alleging the same cause of complaint or upon the merits, the entry of the words “Dismissed without prejudice” or, as the case may be, “Dismissed on the merits” in the Order Book shall be a sufficient record of the order. Method of making periodical payments 104 1 A court of summary jurisdiction ordering periodical payments to be made through a collecting officer under Article 85 of the Order shall notify both parties of the times at which, and the place at which, payments are to be made and received. 2 A collecting officer may send by post any periodical payments to the person entitled to them at the request, and at the risk, of that person. 3 If a person makes any periodical payments to a collecting officer by post, he shall do so at his own risk and expense. PART VII Satisfaction and Enforcement of Orders A. SUMS ADJUDGED TO BE PAYABLE Notice to defendant of sum adjudged to be payable by a conviction 105 1 Where a person has been adjudged by a conviction to pay a sum the clerk of petty sessions shall serve upon such person notice in writing in Form 60. 2 Notice of the registration of a fixed penalty for enforcement as a fine under Article 76 of the Road Traffic Offenders (Northern Ireland) Order 1996 or section 67 of the Justice Act (Northern Ireland) 2011 shall be in Form 60A and shall be served on the person against whom it has been registered by the clerk of petty sessions. 3 A notice under paragraph (1) or (2) shall— a state the amount of the sum due and, if the sum consists of separate amounts, state each separate amount; b contain information about how payments may be made under the terms of the order; c contain information about the consequences of failing to pay the sum in accordance with the order; and d where a collection order under section 3 of the Justice Act (Northern Ireland) 2016 has not been made, advise the defendant that he may, within the time allowed, apply to the court in writing for further time to pay or for an order for payment by instalments or for the variation of any order for payment by instalments. 4 A notice under paragraph (1) or (2) shall be served by delivering it to the defendant or person against whom a sum has been registered for enforcement as a fine or by sending it to him by ordinary post in an envelope addressed to him at his last known or usual place of abode. Collection order 105A 1 A collection order under section 3 of the Justice Act (Northern Ireland) 2016 shall be in Form 60B and shall be served by the clerk of petty sessions on the debtor and, at the same time, a copy thereof shall be sent to the collection officer. 2 A collection order shall be served by delivering it to the debtor or by sending it to him by ordinary post in an envelope addressed to him at his last known or usual place of abode. Summons to debtor to attend on a collection officer 105B 1 A summons under section 5(4) of the Justice Act (Northern Ireland) 2016 requiring a debtor to attend on a collection officer at the time and place specified in the summons shall be in Form 60C. 2 Notwithstanding Rule 11, a summons under section 5(4) of the 2016 Act may be served by a collection officer by— a delivering a copy to the debtor or by leaving it for him with some person apparently over the age of sixteen years at his usual or last known place of abode or his place of business; b sending a copy of the summons by ordinary post in an envelope addressed to the debtor at his usual or last known place of abode; or c sending a copy of the summons by registered post or the recorded delivery service in an envelope addressed to the debtor at his usual or last known place of abode. 3 The summons shall be served not less than seven days before the time specified and the person who serves it shall complete and sign the certificate of service on the original summons. Summons to debtor to attend a default hearing 105C 1 A summons under section 6(10) or section 8(3) of the Justice Act (Northern Ireland) 2016 requiring a debtor to appear before a court of summary jurisdiction at the time and place specified in the summons shall be in Form 60D. 2 Notwithstanding Rule 11, a summons under section 6(10) or 8(3) of the Justice Act (Northern Ireland) 2016 may be served by a collection officer or, as the case may be, the clerk of petty sessions by— a delivering a copy to the debtor or by leaving it for him with some person apparently over the age of sixteen years at his usual or last known place of abode or his place of business; b sending a copy of the summons by ordinary post in an envelope addressed to the debtor at his usual or last known place of abode; or c sending a copy of the summons by registered post or the recorded delivery service in an envelope addressed to the debtor at his usual or last known place of abode. 3 The summons shall be served not less than seven days before the hearing and the person who serves it shall complete and sign the certificate of service on the original summons. 4 If the person fails to appear in person or by his legal representative in response to a summons served under sub-paragraph 2(b) or (c), such service shall not be valid unless an acknowledgement of service appearing to be signed by the debtor or his solicitor is produced to the court. 5 Unless the contrary is proved, the signed acknowledgement of service shall be taken as proof of service and the summons shall be deemed to have been served at the time at which the envelope containing it would have been delivered in the ordinary course of post. Arrest where debtor fails to attend default hearing 105D 1 A warrant of arrest under section 10 of the Justice Act (Northern Ireland) 2016 requiring a constable to arrest a debtor and bring him before a court unless he enters into a recognizance to appear at the court shall be in Form 60E. 2 A recognizance requiring a debtor to appear before a court for a default hearing shall be in Form 60F and may be taken by a constable. Notification of court order at default hearing 105E Where, at a default hearing, a court exercises any of the powers conferred by section 9 of the Justice Act (Northern Ireland) 2016, the collection officer or, as the case may be, clerk of petty sessions shall serve upon the debtor notice in writing of the decision by delivering it to the debtor or by sending it to him by ordinary post in an envelope addressed to him at his last known or usual place of abode. Interpretation 105F In rules 105C to E, “default hearing” means a hearing under section 6(1) or 8(2) of the Justice Act (Northern Ireland) 2016. Appeals 105G 1 An appeal under section 25(1) of the Justice Act (Northern Ireland) 2016 against a decision of a collection officer shall be in Form 55 and shall be served on the collection officer at least 14 days before the hearing of the appeal. 2 At the same time, the appellant shall serve a copy of the notice on the clerk of petty sessions which shall be endorsed with the date and manner of service on the collection officer and should be accompanied by a copy of the decision being appealed. [ Supervised activity orders 106A 1 Where a magistrates’ court makes a supervised activity order under Article 45 of the Criminal Justice (Northern Ireland) Order 2008, any entry in the Order Book required to be made under Rule 19(1) shall include details of the following— a the duration of the order; b any conditions and requirements of the order; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Where a magistrates’ court amends, extends or revokes a supervised activity order, it shall cause an entry to that effect to be made in the Order Book, opposite the entry relating to the making of the order. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Any complaint made in respect of a breach of a requirement of a supervised activity order and any application to revoke, extend or amend a supervised activity order under Schedule 3 to the Criminal Justice (Northern Ireland) Order 2008, shall be accompanied by a copy of the order to which the complaint or the application relates. Committal to Crown Court 106B Where a magistrates’ court commits an offender to the Crown Court under paragraph 5(3) of Schedule 3 to the Criminal Justice (Northern Ireland) Order 2008, the clerk of petty sessions shall notify the chief clerk ... by sending to him— a where an offender is released on bail, a copy of any recognizance entered into; and b a certificate of the order made by the magistrates’ court.] Orders for supervision 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. FINANCIAL PENALTY ENFORCEMENT ORDERS Financial penalty enforcement orders 107 A financial penalty enforcement order under section 133A of the Army Act 1955 , section 133A of the Air Force Act 1955 or section 128F of the Naval Discipline Act 1957 ) shall be registered by means of an entry of the particulars of the order in the Order Book signed by the clerk of petty sessions. C. TRANSFER OF FINE ORDERS Transfer of Fine Order sent to England and Wales or Scotland 108 Where the court makes a transfer of fine order under Article 95 of the Order (including Article 95 as applied by Article 96 of the Order), the clerk of petty sessions shall send to the clerk to the justices for the petty sessions area in England and Wales or to the sheriff or sheriff clerk of the court of summary jurisdiction in Scotland in or by which, under the order, payment of a sum adjudged to be paid is to be enforceable, a copy of the order in Form 70 or 71, as the case may be, with a statement of the offence and the steps, if any, taken to recover the sum with such former information as is available and is, in the opinion of the clerk of petty sessions, likely to assist enforcement. Transfer of fine order sent from England and Wales or Scotland 109 1 Where the clerk of petty sessions receives a copy of a transfer of fine order made in England and Wales or Scotland ..., he shall register the order ... by means of an entry made and signed by him in the Order Book and shall serve a notice in Form 72 on the offender. 2 Such notice may be served in the same manner as a summons alleging a summary offence prosecuted by [ the Public Prosecution Service for Northern Ireland] and service of the notice may be proved in the same manner as service of such summons is proved under Rule 11. 3 Where after fourteen days from service of such notice of the expiration of the period within which the sum is payable under the order, whichever is the later, the offender has failed to pay or has failed to apply for time or further time to pay or for payment by instalments, as required by that notice the court may exercise its powers under section 9 of the Justice Act (Northern Ireland) 2016, following a referral under section 6 or 8 of that Act . 4 Where the sum adjudged to be paid and due under the transfer of fine order— a is paid, the clerk of petty sessions shall send it to the clerk of the court which made the order; b is not paid, the clerk of petty sessions shall inform the clerk of that court of the manner in which the adjudication is satisfied or that the sum, or any balance thereof, appears to be irrecoverable. [ CA. CRIMINAL JUSTICE AND IMMIGRATION ACT 2008 Enforcement of financial penalties under section 88 of the Criminal Justice and Immigration Act 2008 109A 1 Where, under section 88(3) of the Criminal Justice and Immigration Act 2008, a magistrates’ court decides that it is satisfied that one or more of the grounds for refusal apply, the clerk of petty sessions shall give notice of the decision to the Lord Chancellor in Form 72A. 2 Where, under section 88(3) of the Criminal Justice and Immigration Act 2008, a magistrates’ court decides that it is satisfied that none of the grounds for refusal apply, the clerk of petty sessions shall— a register the financial penalty as an order by means of an entry made and signed by him in the Order Book; b give notice of the decision to the Lord Chancellor in Form 72A; and c serve notice in Form 72B on the person required to pay the financial penalty.] D. ATTACHMENT OF EARNINGS Interpretation of Rules 111 to 121 110 Any reference in rules 111 to 121 to a “maintenance order” shall include a reference to any order mentioned in Article 98(11) of the Order. Attachment of earnings order 111 1 An attachment of earnings order under Article 101 of the Order shall be in Form 73. 2 The clerk of petty sessions ... may sign such order. Service of orders and notices 112 1 Where a court of summary jurisdiction makes an attachment of earnings order or an order varying or discharging such an order, the clerk of petty sessions shall cause a copy of the order to be served on the employer and shall send a copy of the order to the defendant. 2 Where an attachment of earnings order made by a court of summary jurisdiction ceases to have effect as provided in Article 104(7) or (8) of the Order the notice of the cessation required by Article 104(9) shall be given to the employer. 3 The notice required by the preceding paragraph shall be given by the clerk of petty sessions. 4 A copy of Article 102 of the Order shall be served with or annexed to the attachment of earnings order. 5 Where under Article 105 of the Order (which relates to statements of earnings, etc.) a direction is given to the defendant or to a person appearing to be an employer of the defendant or where under these Rules a copy of an order is to be served or a notice is to be given to any person— a service may be effected on, or the direction or notice may be given to a person, other than a corporation, by delivering it to the person to whom it is directed or by sending it by post in a letter addressed to him at his last known or usual place of abode, or, in the case of an employer or a person appearing to be an employer of the defendant, at his place of business; b service may be effected on, or the direction or notice given to, a corporation by delivering the document at, or sending it to— i such office or place as the corporation may, for the purpose of this Rule, have specified in writing to the court in relation to the defendant or to a class or description to which he belongs, or ii the registered office of the corporation if that office is in Northern Ireland, or, if there is no registered office in Northern Ireland, any place therein where the corporation trades or conducts its business. Particulars of defendant 113 The particulars of the defendant for the purpose of enabling him to be identified which, so far as they are known, are to be included in an attachment of earnings order shall be— a full name and address; b place of work; c nature of work and works number, if any. Notice of application for appropriate variation order 114 1 Where an application is made under Article 104 of the Order for the appropriate variation of an attachment of earnings order, the clerk of petty sessions shall, where practicable, give notice in writing of the time and place appointed for the hearing of the application to the person entitled to receive payment under the related maintenance order (whether directly or through the officer of any court). 2 An application for an order varying (including suspending or reviving) or discharging an attachment of earnings order shall be by way of complaint. Variation of attachment of earnings order on change of employment 115 Where an attachment of earnings order has lapsed under Article 104(5) of the Order on the debtor’s ceasing to be in the employment of the person to whom the order was directed and it appears to the court that the defendant has subsequently entered the employment of a person (whether the same as before or another), the court may, of its own motion, vary the order by directing it to that person and may make any consequential amendment to the order made necessary by this variation. Variation or discharge of attachment of earnings order by court of its own motion 116 1 Where it appears to a court of summary jurisdiction that the defendant is not in the employment of the person to whom the attachment of earnings order is directed and that the likelihood of the defendant entering the employment of any person is not such as to justify preserving the order, the court may, of its own motion, discharge the order. 2 Where a court of summary jurisdiction has made an attachment of earnings order and the related maintenance order has been discharged in whole or in part or reduced by operation of law, the court may, of its own motion, vary or discharge the attachment of earnings order. 3 Where a court of summary jurisdiction has made an attachment of earnings order which takes account of accrued arrears and those arrears are subsequently discharged, the court may, of its own motion, vary or discharge the order as appropriate. Temporary variation of protected earnings rate 117 1 A court of summary jurisdiction which made the attachment of earnings order may, on a written application made by the defendant on the ground of a material change in the defendant’s resources and needs since the order was made or last varied, by order (hereinafter referred to as a temporary variation order) vary the attachment of earnings order for a period of not more than thirteen weeks by an increase of the protected earnings rate. 2 A temporary variation order shall be in Form 74. 3 The clerk of petty sessions shall cause a copy of any variation order to be served on the employer and shall give him notice if the temporary variation order is discharged and the clerk of petty sessions shall also send a copy to the person entitled to receive payments under the related maintenance order (whether directly or through an officer of any court). 4 Where an application for the variation or discharge of an attachment of earnings order is made to a magistrates’ court and there is in existence a temporary variation order in respect of the attachment of earnings order, the court may, of its own motion, discharge the temporary variation order. Consolidated attachment orders 118 1 Where a court of summary jurisdiction has power to make more than one attachment of earnings order in respect of the liabilities of a defendant it may make a consolidated attachment order to discharge those liabilities. 2 Where a court of summary jurisdiction has power to make an attachment of earnings order in respect of a defendant who is already subject to such an order (whether or not it is itself a consolidated attachment order) made by any such court, the court may, subject to the provisions of this Rule, discharge the existing order and make a consolidated attachment order in respect of that defendant. 3 Where two or more attachment of earnings orders have been made (whether or not they are themselves consolidated attachment orders) a court of summary jurisdiction may, subject to the provisions of this Rule, discharge the existing order and make a consolidated attachment order in respect of that defendant. 4 A court of summary jurisdiction may exercise the powers conferred under paragraphs (1) to (3) of this Rule either of its own motion or on the application of the defendant. 5 A defendant may apply to a court of summary jurisdiction for a consolidated attachment order, by complaint. 6 Where an employer applies in writing to the clerk of petty sessions for the court which has power to make a consolidated attachment order requesting the court to make such an order, the clerk shall bring the application before the court, and, if it appears to the court that the application is justified, the court shall proceed as if it had determined of its own motion to make such an order. 7 Before a court of summary jurisdiction exercises of its own motion the powers conferred under paragraph (3) of this Rule, it shall cause written notice to be given to the defendant of his right to make representations to the court. 8 Where a court of summary jurisdiction makes a consolidated attachment order, it shall specify in the order such normal deduction rate as the court thinks reasonable and this rate may be less than the sum of the normal deduction rates specified in any attachment of earnings orders discharged by the court. Disposal of sums paid under consolidated attachment orders 119 1 A clerk of petty sessions receiving a payment under a consolidated attachment order shall, subject to paragraph (2) below, apply the money in payment of the sums secured by the order, paying first any sums previously secured by an attachment of earnings order which was discharged in consequence of the making of the consolidated attachment order. 2 Where two or more attachment of earnings orders were discharged in consequence of the making of the consolidated attachment order the sums due under the orders shall be paid in the chronological sequence of the orders. Method of making payment under attachment of earnings order 120 1 A clerk of petty sessions to whom any payment under an attachment of earnings order is to be made shall notify the employer and the person entitled to receive payments under the related maintenance order of the hours during which, and the place at which, payments are, subject to the provisions of this Rule, to be made and received. 2 If an employer sends by post any payments under an attachment of earnings order to a clerk of petty sessions, he shall do so at his own risk and expense. 3 A clerk of petty sessions may send by post any payment under an attachment of earnings order to the person entitled to receive payments under the related maintenance order at the request and at the risk of that person. Enforcement of Judgments Office records 121 1 Where a clerk of petty sessions causes a copy of an order or notice to be given to any person under Rule 112 of these Rules, he shall cause a copy of the order or notice to be given also to the Enforcement of Judgments Office. 2 Where the clerk of petty sessions for the court which has made an attachment of earnings order is informed of a defendant’s change of address he shall notify the new address to the Enforcement of Judgments Office. E. SUSPENDED SENTENCES Suspended sentences to be dealt with only in petty sessions 122 1 Where during the operational period of a suspended sentence imposed under the Treatment of Offenders Act (Northern Ireland) 1968 the offender upon whom such sentence was passed appears before a justice of the peace (other than a resident magistrate) sitting out of petty sessions charged with an offence under any of the following enactments— a section 4 of the Vagrancy Act 1824 ; b section 3 of the Vagrancy (Ireland) Act 1847 ; c Article 10(2) of the Criminal Justice (Northern Ireland) Order 1980 (where the offence is punishable by imprisonment); d section 9 of the Summary Jurisdiction (Ireland) Act 1908 ; or e section 24 of the Children and Young Persons Act (Northern Ireland) 1968; the justice shall remand him for appearance before a court of summary jurisdiction .... 2 Where a court of summary jurisdiction deals with an offender in respect of a suspended sentence imposed by a magistrates’ court otherwise than by making an order under section 19(1)(a) of the Treatment of Offenders Act (Northern Ireland) 1968 the court shall cause to be entered in the Order Book its reasons for its opinion that it would be unjust to make such order. 3 Where under section 19(1)(c) of the said Act of 1968 the court varies the original order of a magistrates’ court by substituting another period for the original operational period of a suspended sentence, the court shall explain to the offender in ordinary language the effect of the variation and his liability thereunder. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Where an offender is dealt with by any of the methods specified in paragraphs (a), (b), (c) and (d) of section 19(1) of the said Act of 1968, the clerk of petty sessions ... shall enter a note of the particulars of the method by which the offender has been dealt with opposite the entry in the Order Book made at the time the suspended sentence was passed. Evidence of conviction to be sent to the Crown Court 123 1 Where a magistrates’ court under section 20(3) of the Treatment of Offenders Act (Northern Ireland) 1968 commits an offender to the Crown Court, or, instead of doing so, furnishes written notice of the conviction to the chief clerk ..., the clerk of petty sessions shall send to the chief clerk a certificate of the conviction by the magistrates’ court. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ F. CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1996 [ AND CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008] Interpretation of Section F 124 In this Section- a “ the 1996 Order ” means the Criminal Justice (Northern Ireland) Order 1996; aa “ the 2008 Order ” means the Criminal Justice (Northern Ireland) Order 2008;] b “pre-sentence report”; “community order”; “custodial sentence”; “custody probation order”; and “mentally disordered” have the meanings assigned to them by Article 2(2) of the 1996 Order; c “ medical report ” has the meaning assigned to it by Article 22(5) of the 1996 Order; d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Order for Absolute or Conditional Discharge 125 1 Where the court makes an order for absolute or conditional discharge, it shall cause an entry to that effect to be made in the Order Book and, in the case of an order for conditional discharge, that entry shall also specify the duration of the order. 2 Where a magistrates’ court makes an order under Article 5(6) or (8), or the Crown Court makes an order under Article 5(7), of the 1996 Order, the clerk of petty sessions ... shall make a note of the order under the said Article 5 opposite the entry in the Order Book relating to the making of the order of conditional discharge. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Where a magistrates’ court convicts a person of an offence committed during the period of conditional discharge, the clerk of petty sessions shall, if the court which made the order for conditional discharge was the Crown Court, give a copy of the relevant entry in the Order Book to the chief clerk .... 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entry in Order Book 125A Where a magistrates’ court makes a statement under Article 9(4); [ ...] 24(4) or (5) or 33(2) of the 1996 Order [ or Article 9(3) of the 2008 Order], it shall cause that statement to be entered in the Order Book. Community Order 126 1 Where a magistrates’ court makes a community order, any entry in the Order Book required to be made under Rule 19(1) shall include details of the following— a the duration of the order; b any conditions and requirements of the order; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Where a court of summary jurisdiction amends or revokes a community order, it shall cause an entry to that effect to be made in the Order Book, opposite the entry relating to the making of the relevant order. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Any complaint made in respect of a breach of a requirement of a community order, and any application to revoke or amend a community order under Schedule 2 to the 1996 Order, shall be accompanied by a copy of the community order, to which the complaint or the application relates. Committal to Crown Court 126A Where a court of summary jurisdiction commits an offender to the Crown Court under [ paragraph 2(4)] or paragraph 9(2)(b) of Schedule 2 to the 1996 Order, the clerk of petty sessions shall (in addition to complying with paragraph 3(4) of Schedule 2 where it applies) notify the chief clerk ... by sending to him— a where an offender is released on bail, a copy of any recognizance entered into; and b a certificate of the conviction or order made by the court of summary jurisdiction. Release on Licence 126B 1 Where a court of summary jurisdiction orders that Article 26 of the 1996 Order shall apply, the court shall cause a note to that effect to be entered in the Order Book and in the warrant of commitment. 2 Where a court of summary jurisdiction commits an offender to the Crown Court under Article 28(2)(b) of the 1996 Order, the clerk of petty sessions shall send to the chief clerk ...— a a certificate of the conviction by the court of summary jurisdiction; b a copy of any written statement which was tendered in evidence at the hearing; c where available, a copy of any report relating to the offender which was considered by the court of summary jurisdiction; d a copy of any recognizance entered into. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ Recommended licence conditions for sentences of 12 months or more 126C Where a court, when passing a determinate custodial sentence of 12 months or more, recommends under Article 23(1) of the 2008 Order particular conditions which in its view should be included in any licence granted under Article 17 or 19 of the 2008 Order, it shall send notice of its order to the Secretary of State in Form 106. Licence conditions for sentences of less than 12 months 126D Where a court, when passing a determinate custodial sentence of less than 12 months, under Article 24(2)(a) of the 2008 Order requires particular conditions to be included in any licence granted under Article 17 or 19 of the 2008 Order, it shall send notice of its order to the Secretary of State in Form 106. Conviction while licence remains in force 126E Where it appears to the court by or before which a person is convicted of an offence that the offence was committed while the person was on licence and that the person has not been recalled to prison, the court shall inform the Secretary of State of the conviction in Form 106.] G. DEFERMENT OF SENTENCE Notification of conviction before expiration of period of deferment 127 1 Where under [ Article 3 of the Criminal Justice (Northern Ireland) Order 1996] a court has deferred passing sentence on an offender and before the expiration of the period of deferment he is convicted of any offence by a magistrates’ court, the clerk of petty sessions shall, ... if the court which deferred passing sentence on the earlier occasion was the Crown Court, give notice of the conviction to the chief clerk .... 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H. ENFORCEMENT OF ORDERS IN DEBT PROCEEDINGS Enforcement process and order 128 1 Proceedings under Article 107 [committal for default] of the Judgments Enforcement (Northern Ireland) Order 1981 where no instalment order has been made by the Enforcement of Judgments Office under Article 30 of that Order shall be commenced by a process (in these Rules referred to as an “ enforcement process ”) requiring the debtor to appear personally on the date therein specified before a court of summary jurisdiction .... 2 On the hearing of an enforcement process the court may make— a an order (in these Rules referred to as an “ enforcement order ”) requiring the debtor to pay the amount due in such manner or by such instalments as the court thinks fit; or b such an order committing the debtor to prison as may be made under Rule 129. 3 An enforcement process shall specify the date of the original order made against the debtor and the amount he was ordered to pay thereunder and such order shall be produced at the hearing. Committal process and order 129 1 If the debtor defaults in payment of any instalment due under an enforcement order or due under an instalment order made by the Enforcement of Judgments Office under Article 30 of the said Order of 1981, the creditor may serve on the debtor a process (in these Rules referred to as a “committal process”) requiring the debtor to appear personally on the date therein specified before a court of summary jurisdiction ... to show cause why an order (in these Rules referred to as a “committal order”) should not be made committing him to prison for his default in complying with the enforcement order. 2 Upon proof of the making of the enforcement order, or instalment order, or, where the committal order is made under Rule 128(2)(b) upon proof of the original order for payment (which shall be given by the production of the original order or orders) and of the means of the debtor required by Article 107(4) of the said Order of 1981, the court may, if the debtor fails to show cause why an order should not be made, make with costs such order committing him to prison as is authorised by that Order. 3 Nothing in paragraph (2) shall, where it appears to the court that earnings fail to be paid to the debtor, affect the power of the court to make an attachment of earnings order under Article 98 of the said Order of 1981 in lieu of a committal order. Service of process issued under Rule 128 or 129 130 1 Service of a process issued in accordance with Rule 128 or 129 shall be effected by delivering to the defendant personally a true copy thereof. 2 A committal process may be served by the summons server of the administrative court division in which the defendant resides or in which any business premises used or occupied by him are situated and such service may be proved by affidavit. I. ENFORCEMENT OF ORDERS MADE IN EJECTMENT PROCEEDINGS Postponement of issue of decree for possession and application for the issue of the decree 131 1 Where a decree has been granted directing that a plaintiff be put in possession of premises to which sub-paragraph (a) of Article 67(1) of the Order applies and the court has postponed the issue of the decree under Article 116 of the Order for a period or periods conditional upon the payment of arrears of rent or sums due under Article 69 of the Order by the defendant and where costs are ordered to be paid, the costs of the proceedings being paid by instalments either in addition to the current rent or otherwise the decree shall not, subject to Article 117 of the Order, issue from the court until after default has been made in payment of an instalment and an order has been made by the court authorising the issue of the decree as provided by this Rule. 2 Where default has been made as aforesaid, the plaintiff may apply to the court for an order authorising the issue of the decree upon giving the defendant notice in writing of his intention to make the application not less than seven days before the date of hearing of the application. 3 Upon the hearing of the application the court may order that the decree be issued or, except as otherwise provided by Article 116 of the Order, may from time to time adjourn the application or may further postpone the issue of the decree upon the existing conditions or upon such new conditions as it thinks fit as to payment by instalments or otherwise. 4 Where the court makes any such order, other than an order of adjournment, it may award to the plaintiff a sum not exceeding £1·00 for the costs of the application, which shall be in addition to, and recovered in the same manner as, any costs awarded on the original decree. 5 The details of the application and the date on which it is heard shall be entered in the Ejectment Process Register. 6 Where an application under this Rule is adjourned other than in the presence of the defendant or his solicitor the plaintiff of his solicitor shall notify the defendant or his solicitor of the date, time and place of the adjourned hearing. Signature on notice of application for the issue of decree for possession 132 A form of notice of application under Rule 131 may be signed by the plaintiff or by his solicitor or firm of solicitors or in the name of such solicitor or firm of solicitors by some person duly authorised to sign. Service and lodgment of notice of application 133 1 A notice of application signed in accordance with Rule 132 may be served in the same manner as a process under Rule 58 or Rule 60(1)(b) or may be sent by the applicant or his solicitor to the person to whom it is to be given by registered post or by the recorded delivery service in an envelope addressed to that person at his last known or usual place of abode. 2 A copy of such notice shall be lodged with the clerk of petty sessions at least four days before the date of the hearing of the application and if the notice has been served by sending it by registered post or by the recorded delivery service, the receipt for the latter shall be attached to the copy so lodged and no further proof of service shall be required. 3 In reckoning the four days referred to in paragraph (2) no account shall be taken of a Saturday, Sunday or a public holiday. Entry of minute of order on application under Rule 131 134 A minute of any order whatsoever made upon an application under Rule 131 shall be entered in the Ejectment Process Register. J. OTHER PROVISIONS AS TO THE ENFORCEMENT OF ORDERS IN DEBT OR EJECTMENT PROCEEDINGS Duration of committal orders 135 A committal order under Article 107 of the Judgments (Enforcement) (Northern Ireland) Order 1981 shall remain in force for one year and no longer. Duplicate orders 136 1 Where a formal order has been lost or destroyed, or has improperly got into the hands of the person against whom the order was made or his agent, an application may be made to the court for the issue of a duplicate of such order, and the court may order that a duplicate be issued. 2 Particulars of any such application and a minute of any order made thereon shall be entered in the appropriate Process Register. 3 No costs of the application shall be awarded to any applicant for a duplicate order except in a case where it is proved to the court that the loss or destruction was caused by the other party or his agent, or where it is proved that the order is improperly in the possession of the other party or his agent. 4 Any duplicate order issued under this Rule shall bear the word “Duplicate” in large letters on its face and shall have the same effect as the original order. 5 Where costs are awarded under paragraph (3) the court may issue a decree for the recovery thereof. K. OTHER MATTERS IN RELATION TO THE ENFORCEMENT OF ORDERS Order allowing time for payment or for payment by instalments in proceedings upon complaint 137 Without prejudice to Rule 19 where a magistrates’ court allows time to pay a sum adjudged to be paid by a conviction or any other sum ordered to be recovered in proceedings upon complaint or orders payment of any such sum by instalments, an entry to that effect shall be made in the Order Book as part of the order. Application for further time to pay or for payment to be by instalments in proceedings upon complaint 138 1 An application for further time to pay a sum adjudged to be paid by a conviction or other sum ordered to be paid in proceedings upon complaint or to be allowed to pay such sum in instalments may, unless the court requires the applicant to attend, be made in writing. 2 Such application may be made to a resident magistrate sitting out of petty sessions and a minute of the order made on such application shall be entered in the Order Book. Direction that money found on default shall not be applied in satisfaction of sum adjudged to be paid by a conviction or in proceedings under Article 98 of the Order 139 Where the defaulter is committed to, or ordered to be detained in a prison or other place of detention, any direction given under Article 110(2) of the Order shall be endorsed on the warrant of commitment. To whom payments of sums ordered to be paid in proceedings upon complaint are to be made 140 1 Except where the court otherwise directs, a person ordered to pay a sum by a magistrates’ court in proceedings upon complaint shall, unless a warrant to enforce payment thereof has been issued, pay that sum or any instalment thereof to the clerk of petty sessions. 2 The provisions of this Rule shall not derogate from those of section 5 of the Fines Act (Ireland) 1851 . Payment where imprisonment imposed 141 1 The persons authorised for the purposes of Article 111 of the Order to receive payment are:— a unless there has been issued to the Royal Ulster Constabulary a warrant of commitment, the clerk of petty sessions; b any member of the Royal Ulster Constabulary holding the warrant of commitment; or c any governor of the prison in which the prisoner is confined or any other person having lawful custody of the prisoner. 2 No person shall be required to receive in part payment under Article 111(2) of the Order an amount which, or so much of an amount as, will not procure a reduction of the period for which the defaulter is committed or ordered to be detained. 3 Where a person having custody of the prisoner receives payment of any sum he shall endorse a certificate of receipt of the sum on the warrant of commitment and shall pay over the said sum to the clerk of petty sessions. 4 Nothing in this Rule shall derogate from the provisions of section 5 of the Fines Act (Ireland) 1851. 5 This Rule shall apply to committal order under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 as it applies to warrants of commitment. Part payment of sums to clerk of petty sessions 142 Where before a warrant is issued to enforce payment of a sum adjudged to be paid by the conviction or order of a magistrates’ court, part of that sum has been paid to the clerk of petty sessions, he shall endorse details of such payment on the warrant. Execution of warrants in proceedings upon complaint 143 1 Subject to this Rule, a warrant issued by a resident magistrate or justice of the peace in proceedings upon complaint shall be addressed to the district commander for the police district in which the warrant is issued] 2 A warrant of discharge from prison and, where necessary, a warrant of commitment may be addressed to the prison governor. 3 On receipt of a warrant of commitment the prison governor or his deputy shall receive the person named in the warrant (or shall detain him if he is already in custody) for the period specified in the warrant. 4 The prison governor or his deputy shall, upon receiving a prisoner into his custody together with a warrant of commitment, give to the person charged with the execution of the warrant a receipt for the prisoner. 5 Where the person named in the warrant is to be produced in court after an adjournment or remand the prison governor shall, subject to Article 47(5) of the Order, cause such person to be so produced at the time and place fixed by the warrant. Execution of distress warrant by the Royal Ulster Constabulary 144 1 Sums adjudged to be paid by a conviction or order of a magistrates’ court and levied under a warrant of distress addressed to a superintendent of the Royal Ulster Constabulary shall be paid over to the clerk of petty sessions. 2 A warrant of distress shall authorise the person charged with its execution to take any money as well as the goods of the person against whom distress is to be levied and any money so taken shall be treated as if it were the proceeds of sale of goods taken under the warrant. 3 Upon payment or tender of the sum to be levied and any expenses already incurred in connection with the distress to the person charged with executing the warrant, that person shall refrain from executing it. 4 The person charged with the execution of a warrant of distress may sell the property distrained after the expiration of the period specified in the warrant, or if no period is fixed, after three days from the date of the distress, unless the sum for recovery of which the warrant was issued and the expenses of the distress are paid within that period. 5 Where property is sold under a distress warrant, the person executing the warrant shall render to the owner of the property the balance of the proceeds of sale, if any, after retaining the sum to be levied and the expenses of the distress. 6 A superintendent of the Royal Ulster Constabulary emposered to distrain goods under a warrant of distress may sell or cause such goods to be sold by public auction or in such other manner as the person against whom the distress is levied may in writing allow and may deduct the costs of such sale from the proceeds of sale. Warrants of distress issued under Article 109 of the Order 145 A warrant of distress issued under Article 109 of the Order shall be enforced in the same manner as a warrant issued in proceedings upon complaint. Costs of warrant to be added to sum due under warrant of commitment or distress 146 Where the warrant is a warrant of distress the sum referred to in Article 8 of the Magistrates’ Courts Fees Order (Northern Ireland) 1983 shall be leviable in addition to any reasonable costs of making or keeping the distress or conducting the sale of goods distrained in accordance with the order of the court. Application for review of warrant of commitment 147 A person imprisoned under a warrant of commitment issued by a magistrates’ court under Article 112 of the Order who is not detained otherwise than under that Article may make an application by way of complaint in Form 120 to a district judge (magistrates’ court) requesting that the warrant be cancelled and stating the grounds of the application. [ L. MENTAL HEALTH (NORTHERN IRELAND) ORDER 1986 Supervision and Treatment Order 147A 1 In this Rule— a “ the 1986 Order ” means the Mental Health (Northern Ireland) Order 1986; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c “ supervision and treatment order ” means a supervision and treatment order under Schedule 2A to the 1986 Order; d “supervised person” and “supervising officer” have the meanings assigned to them by paragraph 1(1) of Schedule 2A to the 1986 Order: 2 An application to a court of summary jurisdiction under paragraph 7(2) or 8(1) of Schedule 2A to the 1986 Order shall be in Form 124 and shall be served on the clerk of petty sessions ... at least 14 days before the hearing of the application and shall be accompanied by a copy of the supervision and treatment order, to which the application relates. 3 A copy of Form 124 and of the supervision and treatment order referred to in paragraph (2) shall also be served on the respondent. 4 The respondent to the application shall be either the supervised person if the applicant is the supervising officer, or the supervising officer if the applicant is the supervised person. 5 If the applicant or the respondent fails to appear or to be represented at the hearing of the application without reasonable excuse, the court, may adjourn the hearing, or may decide the application in his absence.] PART VIII EVIDENCE Affidavits and declarations 148 1 For the purposes of these Rules an affidavit may be sworn, or a statutory declaration may be made, before a lay magistrate or before a commissioner for oaths or clerk of petty sessions. 2 Without prejudice to paragraph (1), any such affidavit of service as is referred to in Article 126(1) of the Order may be sworn before the clerk of petty sessions. 3 A fee paid to a commissioner for oaths on the swearing of an affidavit or the making of a statutory declaration shall not be recoverable by the person paying the fee from the other party. Proof by written statement in criminal proceedings (other than at a preliminary inquiry) 149 1 Where a written statement complying with section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 is served by the complainant or by the defendant for the purpose of any criminal proceedings before a court of summary jurisdiction (other than a preliminary inquiry) a copy of the statement and of any documentary exhibit which accompanied it shall be given to the clerk of petty sessions as soon as practicable after such service and, where a copy of such statement is served on behalf of the prosecution, the complainant shall append to the statement a notice informing the defendant of his right to object to his statement being admitted in evidence. 2 Where under section 1(2)(d) of the said Act of 1968 a party serves notice objecting to the statement being tendered in evidence, he shall at the same time serve a copy of the notice on the clerk of petty sessions. 3 Where the court under section 1(5) of the said Act of 1968 requires the attendance of the person who made such written statement the court shall, if necessary, adjourn the hearing to enable the witness to be called. 4 Where any such written statement refers to any document or object as an exhibit, that document or object shall, wherever possible, be identified by means of a label or other mark of identification signed by the maker of the statement and, before the court treats any document or object referred to as an exhibit in such written statement as an exhibit produced and identified in court by the maker of the statement, the court shall be satisfied that the document or object is sufficiently described in the statement for it to be identified. 5 Where the court decides not to admit as evidence any written statement or part thereof tendered in evidence it shall announce such decision forthwith and shall thereupon write or cause to be written upon such statement, or, as the case may be, against that part, the words ‘his statement is not admitted as evidence,” or alternatively, “The part of this statement consisting of is not admitted as evidence,” and in either case the presiding magistrate shall subscribe his name thereto. 6 Where in summary proceedings any written statement is admitted in evidence and read aloud in accordance with section 1(6) of the said Act or an account has to be given orally of so much of any written statement as is not read aloud, the statement shall be read aloud or the account given by or on behalf of the party who has tendered the statement in evidence. [ ... ] [ Application for special measures directions 149AA 1 An application by a party in any criminal proceedings for a special measures direction under Article 7 of the 1999 Order shall be made by giving notice in Form 15B. 2 If the application is for a special measures direction— a enabling a witness to give evidence by means of a live link, the information sought in Part 2 of Form 15B shall be provided; b enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the information sought in Part 3 of Form 15B shall be provided; c enabling an examination of a witness to be conducted through an intermediary— i the information sought in Part 4 of Form 15B; and ii any relevant report, including an intermediary’s assessment, shall be provided.] 3 a ..., an application under paragraph (1) shall be made not less than 14 days before the day fixed for the commencement of the proceedings to which the application relates. [ Application to disapply or disapply in part the primary rule 149ADA 1 An application to disapply or disapply in part the primary rule under Article 9(4)(ba) of the 1999 Order shall be made in writing and shall include such information as the court requires to make a determination. 2 An application under paragraph (1) shall be served, by the applicant, on the clerk of petty sessions and on each party to the proceedings as soon as reasonably practicable after the witness has expressed that wish. 3 Paragraphs (6) to (12) of Rule 149AA shall apply to an application to disapply or disapply in part the primary rule as they apply to an application for a direction.] Renewal application following a material change of circumstances 149AE 1 Where an application for a special measures direction has been refused by the court, the application may only be renewed (“ renewal application ”) where there has been a material change of circumstances since the court refused the application. 2 The applicant shall— a specify in the renewal application each material change of circumstances which is alleged to have occurred; and b serve the renewal application on the clerk of petty sessions, and on each party to the proceedings, as soon as reasonably practicable after the change occurs. 3 Any party on whom the application is served in accordance with paragraph (2)(b) may oppose the application on the ground that it discloses no material change of circumstances. 4 Paragraphs (6) to (12) of Rule 149AA, Rules 149AF and 149AG shall apply to a renewal application as they apply to the application which was refused. Application for special measures direction for witness to give evidence by means of a live link 149AF 1 Where the application for a special measures direction is made in accordance with Rule 149AA(2)(a), for a witness to give evidence by means of a live link, the following provisions of this Rule shall also apply. 2 [ ...] A party who seeks to oppose an application for [ a child witness] to give evidence by means of a live link shall, in order to comply with Rule 149AA(6), state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness’s evidence. 3 4 ....] Video recording of testimony from witnesses 149AG 1 Where an application is made for a special measures direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the following provisions of this Rule shall also apply. 2 Notice of the application made in accordance with Rule 149AA(1) shall be accompanied by the video recording (or a copy of the video recording) which it is proposed to tender in evidence and shall include— a the name of the defendant and the offence charged; b the name and date of birth of the witness in respect of whom the application is made; c the date on which the video recording was made; d a statement as to whether, and if so at what point in the video recording, an oath was administered to, or a solemn declaration made by, the witness; e a statement that, in the opinion of the applicant, either— i the witness is available for cross examination; or ii the witness is not available for cross-examination and the parties have agreed that there is no need for the witness to be so available; f a statement of the circumstances in which the video recording was made which complies with paragraph (4); and g the date on which the video recording was disclosed to the other party or parties. 3 Where it is proposed to tender part only of a video recording of an interview with the witness, the application shall specify that part and be accompanied by a video recording of the entire interview, including those parts which it is not proposed to tender in evidence, and by a statement of the circumstances in which the video recording of the entire interview was made which complies with paragraph (4). 4 The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(f) and (3) shall include the following information, except in so far as it is contained in the recording itself,— a the times at which the recording commenced and finished, including details of interruptions; b the location at which the recording was made and the usual function of the premises; c in relation to each person present at any point during, or immediately before, the recording— i their name, age and occupation; ii the time for which each person was present; and iii the relationship, if any, of each person to the witness and to the defendant; iv whether or not the person present was there to act as an intermediary for a witness, and, if so, whether an application under Article 17 of the 1999 Order for the use of an intermediary has been made or will be made, and whether the intermediary made the declaration as set out in Form 88N before acting.] ca in relation to each person present at any point during the recording, a statement confirming that the said person when present is visible in the recording;] d in relation to the equipment used for the recording— i a description of the equipment; ii the number of cameras used; iii whether the cameras were fixed or mobile; iv the number and location of the microphones; v the video format used; and vi whether it offered single or multiple recording facilities and, if so, which were used; and e the location of the master tape if the video recording is a copy and details of when and by whom the copy was made. 5 A party who receives a copy of a recording under paragraph (2) shall within 7 days of the date on which it was served on him, notify the applicant and the clerk of petty sessions, in writing— a whether he objects to the admission under Article 15 of the 1999 Order of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted; b whether he would agree to the admission of part of the video recording or recordings and if so, which part or parts; and c whether he wishes to be represented at any hearing of the application. 6 Notwithstanding the provisions of Rule 149AA and this Rule, a copy of any video recording which the defendant proposes to tender in evidence need not be sent to the prosecution until the close of the prosecution case at the trial. 7 The court may determine an application by the defendant to tender in evidence a video recording even though a copy of the recording has not, in accordance with paragraph (6), been served upon the prosecution. 8 Where a copy of the video recording which is the subject of a special measures direction is sent to the prosecution after the direction has been made, the prosecutor may apply to the court for the direction to be varied or discharged. 9 An application under paragraph (8) may be made orally to the court. 10 A prosecutor who makes an application under paragraph (8) shall state – a why he objects to the admission under Article 15 of the 1999 Order of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted; and b whether he would agree to the admission of part of the video recording or recordings and if so, which part or parts. 11 The court shall, before determining the application: – a direct a hearing of the application; and b allow all the parties to the proceedings to be present and be heard on the application. 12 The clerk of petty sessions shall notify all parties to the proceedings of the decision of the court as soon as reasonably practicable after the decision is given. 13 Any decision varying a special measures direction shall state whether the whole or specified parts of the video recording or recordings subject to the application are to be admitted in evidence. Expert Evidence 149AH Any party to the proceedings who proposes to adduce expert evidence (whether of fact or opinion) in connection with an application or renewal application for, or an application to vary or discharge, a special measures direction shall, not less than 14 days before the date set for the commencement of the proceedings at which the evidence is to be adduced - a serve the other party or parties to those proceedings with a statement in writing of any finding or opinion which he proposes to adduce by way of such evidence; and b where a request is made to him in that behalf by any other party to those proceedings, provide that party also with a copy of (or if it appears to the party proposing to adduce the evidence to be more practicable, a reasonable opportunity to examine) the record of any observation, test, calculation or other procedure on which such finding or opinion is based and any document or other thing or substance in respect of which any such procedure has been carried out.”] [ “Prohibition on cross-examination of particular witness 149AI 1 An application by the prosecutor for a direction under Article 24 of the 1999 Order in relation to any witness shall be made by giving notice in Form 15D to the clerk of petty sessions and at the same time the applicant shall serve a copy thereof on every other party to the proceedings. 2 In an application under paragraph (1), the prosecutor shall state why, in his opinion – a the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the defendant in person; b the evidence would be improved if a direction were given under Article 24(2) of the 1999 Order; and c it would not be contrary to the interests of justice to give such a direction. 3 On receipt of the application, the clerk of petty sessions shall refer it – a if the proceedings to which the application relates have commenced, to the resident magistrate hearing those proceedings; b if the proceedings to which the application relates have not commenced when the application is received, to a resident magistrate .... 4 Where a copy of a notice under paragraph (1) is served on a party to the proceedings more than 14 days before the date set for the commencement of the proceedings to which the application relates, that party may, within 14 days, make observations in writing in relation to the application to the clerk of petty sessions and shall serve a copy of such observations on every other party to the proceedings. 5 A party on whom a copy of the notice is served in accordance with paragraph (1) may notify the clerk of petty sessions and every other party to the proceedings, in writing, of his opposition to the application and give reasons for it. 6 Those reasons shall be notified – a within 14 days of the date a copy of the notice was served on him, if that date is more than 14 days before the date set for commencement of the proceedings to which the application relates; b if the proceedings to which the application relates have commenced, in accordance with any directions issued by the resident magistrate hearing those proceedings; or c if neither sub-paragraph (a) nor sub-paragraph (b) apply, before the date set for the commencement of the proceedings to which the application relates. 7 Where the application made in accordance with paragraph (1) is made before the date set for the commencement of the proceedings to which the application relates and the application – a is not contested by any party to the proceedings, the court may determine the application without a hearing; b is contested by a party to the proceedings, the court shall direct a hearing of the application. 8 Where the application is made after the commencement of the proceedings to which the application relates – a the application may be made orally; and b the resident magistrate hearing those proceedings may give such directions as he considers appropriate in order to deal with the application. 9 Where a hearing of the application is to take place, the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing. 10 A party notified in accordance with paragraph (9) may be present at the hearing and be heard. 11 The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application made in accordance with paragraph (1), notify all the parties to the proceedings of the decision and the reasons for it. 12 A person making an oral application under paragraph (8)(a) shall – a give reasons why the application was not made before the commencement of the proceedings to which the application relates; and b provide the court with the information set out in paragraph (2). Restrictions on cross-examination of witness by the accused person 149AJ 1 This Rule and Rules 149AK and 149AL apply where a defendant is prevented from cross-examining a witness in person by virtue of Article 22, 23 or 24 of the 1999 Order. 2 The court shall as early in the proceedings as is reasonably practicable – a explain to the defendant that he is prevented from cross-examining a witness in person; and b invite him to arrange for a legal representative to act for him for the purpose of cross-examining the witness. 3 The defendant shall within 7 days of the court giving its explanation, or within such other period as the court may in any particular case allow, give notice to the clerk of petty sessions in Form 15E or otherwise in writing as to whether or not he has arranged for a legal representative to act on his behalf. 4 Where the defendant has arranged for a legal representative to act for him, the notice under paragraph (3) shall include details of the name and address of the representative. 5 The clerk of petty sessions shall notify all other parties to the proceedings of the name and address of any person appointed by the defendant to act on his behalf. 6 Where the court gives its explanation under paragraph (2) to the defendant – a within 7 days of the date set for the commencement of any hearing at which a witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies may be cross-examined, or b after such a hearing has commenced, the period of 7 days within which the defendant is required to give notice under paragraph (3) shall be reduced in accordance with any direction issued by the court. 7 Where at the end of the period of 7 days or such other period as the court has allowed, the court has not received notice from the defendant under paragraph (3), it may grant the defendant an extension of time, whether of its own motion or on the application of the defendant. 8 Before granting an extension of time, the court may direct a hearing at which all parties to the proceedings may attend and be heard. 9 Any extension of time shall be for such period as the court considers appropriate in the circumstances of the case. 10 The decision of the court as to whether or not to grant the defendant an extension of time shall be notified to all parties to the proceedings by the clerk of petty sessions in Form 15F. Appointment by the court 149AK 1 Where the court decides, in accordance with Article 26(4) of the 1999 Order, to appoint a qualified legal representative, the clerk of petty sessions shall notify all parties to the proceedings of the name and address of that representative. 2 An appointment made by the court under Article 26(4) of the 1999 Order shall, except to such extent as the court may in any particular case determine, terminate at the conclusion of the cross-examination of any witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies. Appointment arranged by the defendant 149AL 1 The defendant may arrange for the qualified legal representative, appointed by the court under Article 26(4) of the 1999 Order, to be appointed to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under Article 22, 23 or 24 of the 1999 Order applies. 2 Where such an appointment is made – a the defendant shall notify the court of the appointment in Form 15E; b the qualified legal representative shall notify the court of the appointment in Form 15G; and c the qualified legal representative shall, from the time of his appointment, act for the defendant as though the arrangement had been made under Article 26(2)(a) of the 1999 Order and shall cease to be the representative of the court under Article 26(4) of the 1999 Order. 3 Where the court receives notification of the appointment either from the qualified legal representative or from the defendant but not from both, the court shall investigate whether the appointment has been made, and if it concludes that the appointment has not been made, paragraph (2)(c) shall not apply. 4 The defendant may, notwithstanding an appointment by the court under Article 26(4) of the 1999 Order, arrange for a legal representative to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under Article 22, 23 or 24 applies. 5 Where the defendant arranges for, or informs the court of his intention to arrange for a legal representative to act for him, he shall notify the court within such period as the court may allow, of the name and address of any person appointed to act for him. 6 Where the court is notified within the time allowed that such an appointment has been made, any qualified legal representative appointed by the court in accordance with Article 26(4) of the 1999 Order shall be discharged. 7 The clerk of petty sessions shall as soon as reasonably practicable after notification is received by the court, or where paragraph (3) applies, after the court is satisfied that the appointment has been made, notify all the parties to the proceedings in Form 15H – a that the appointment has been made; b where paragraph (4) applies, of the name and address of the person appointed; c that the person appointed by the court under Article 26(4) of the 1999 Order has been discharged or has ceased to act for the court. Procedure for applications in proceedings for sexual offences 149AM 1 Application under Article 28(2) of the 1999 Order for leave to adduce evidence of, or ask questions about, any sexual behaviour of a complainant shall be made by giving notice in Form 15I to the clerk of petty sessions and shall, subject to paragraph (10) – a be served on the clerk of petty sessions not less than 14 days before the day fixed for the commencement of the proceedings to which the application relates; or b be accompanied by a full written explanation specifying the reasons why the application could not have been served in accordance with sub-paragraph (a). 2 An application under paragraph (1) shall contain the following – a a summary of the evidence it is proposed to adduce and of the questions it is proposed to put to any witness; b a full explanation of the reasons why it is considered that the evidence and questions fall within paragraphs (3) or (5) of Article 28 of the 1999 Order; c a summary of any document or other evidence to be submitted in support of such evidence and questions; d where it is proposed that a witness give evidence as to the complainant’s sexual behaviour, the name and date of birth of any such witness. 3 A copy of the application under paragraph (1) shall be served, by the applicant, on every other party to the proceedings at the same time as it is served on the clerk of petty sessions. 4 The prosecutor shall notify the clerk of petty sessions and the other parties to the proceedings in Form 15J— a whether or not he opposes the application, giving reasons for any such opposition, and b whether or not he wishes to be represented at any hearing of the application, and where the notice of application is received by the prosecutor more than 14 days before the date set for commencement of the proceedings to which the application relates, the notification must be served by the prosecutor within 14 days of receipt. 5 Where a copy of the application is received by a party to the proceedings other than the prosecutor more than 14 days before the date set for the commencement of the proceedings to which the application relates, that party may, within 14 days, make observations in writing in relation to the application to the clerk of petty sessions and shall serve a copy of such observations on every other party to the proceedings. 6 In considering any application under this Rule, the court may request a party to the proceedings to provide the court with such information as it may specify in Form 15K and which the court considers would assist in determining the application. 7 Where the court makes such a request, the person required to provide the information shall do so within 14 days of the court making the request or by such time as the court considers appropriate in the circumstances of the case. 8 An application under paragraph (1) shall be determined by a district judge (magistrates’ court) following a hearing. 9 The date and time of the hearing shall be— a determined by the clerk of petty sessions after taking into consideration— i any time which a party to the proceedings has been given to respond to a request for information; and ii the date fixed for any other hearing relevant to the proceedings; and b notified by the clerk of petty sessions to both the applicant and the prosecutor. 10 An application under Article 28(2) of the 1999 Order may be made orally to the court where the application is made after the proceedings to which the application relates have begun. 11 The person making the application under paragraph (10) shall— a give reasons why the applicant failed to make the application in accordance with paragraph (1); and b provide the court with the information set out in paragraph (2). 12 The clerk of petty sessions shall, as soon as reasonably practicable after the hearing of an application under paragraph (1), notify all the parties to the proceedings of the decision of the court in Form 15L.] [ Application for reporting direction 149AN 1 An application by a party to any criminal proceedings for a reporting direction under section 46 of the 1999 Act in relation to a witness in those proceedings may be made at any time after the commencement of the proceedings by giving notice in Form 15M. 2 For the purpose of this Rule, Rule 149AO and Rule 149AP, proceedings commence on the date that the matter is first listed before a magistrates’ court. 3 The notice under paragraph (1) shall be served on the clerk of petty sessions, and at the same time a copy thereof shall be served, by the applicant, on every other party to the proceedings. 4 Any party who wishes to oppose the application shall, within 7 days of the date that notice of the application was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition giving reasons for it. 5 In order to comply with paragraph (4) a party shall state in the written notification whether he— a disputes that the witness is eligible for protection under section 46 of the 1999 Act; and b disputes that the granting of protection would be likely to improve the quality of evidence given by the witness or the level of co-operation given by the witness to any party to the proceedings in connection with the party’s preparation of its case. Application for excepting direction 149AO 1 An application for a direction under section 46(9) of the 1999 Act (“an excepting direction”) may be made at any time after the commencement of the proceedings if a reporting direction has been given by the court in respect of the witness in those proceedings. 2 The application under paragraph (1) may be made by— a party to those proceedings; or b any person who, although not a party to the proceedings, is directly affected by a reporting direction given in relation to a witness in those proceedings or could be so affected if the court in determining an application gave a reporting direction. 3 An application for an excepting direction may be made— a orally at the time the reporting direction is given; or b by giving notice in Form 15N. 4 An applicant for an excepting direction shall state why, in his opinion— a the effect of the restrictions imposed (or which the applicant for the reporting direction seeks to have imposed) places a substantial and unreasonable restriction on the reporting of the proceedings; and b it is in the public interest to remove or relax those restrictions. 5 Where the application for an excepting direction is made in writing, the notice under paragraph (3)(b) shall be served on the clerk of petty sessions, and at the same time a copy thereof shall be served, by the applicant, on every other party or, as the case may be, every party to those proceedings. 6 Where the application for an excepting direction is made orally, the clerk of petty sessions shall cause the details of the application to be recorded in the Order Book. 7 Any party who wishes to oppose the application shall, within 7 days of the date that notice of the application was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition giving reasons for it. Variation or revocation 149AP 1 An application to – a revoke a reporting direction; or b vary or revoke an excepting direction, may be made at any time after the commencement of proceedings. 2 The application under paragraph (1) may be made by – a any party to the proceedings in which the direction was given; or b any person who, although not a party to those proceedings is, in the opinion of the court, directly affected by the direction. 3 The application under paragraph (1) shall be made by giving notice in Form 15O which - a shall specify the grounds upon which the applicant seeks to have the direction varied or, as the case may be, revoked; and b shall be served, by the applicant, on the clerk of petty sessions and on every other party or, as the case may be, every party to the proceedings. 4 Any party who wishes to oppose the application shall, within 7 days of the date that the application was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition giving reasons for it. Hearings 149AQ 1 Subject to paragraph (2), the court may – a determine any application made under Rule 149AN, 149AO or 149AP without a hearing; or b direct a hearing of any such application. 2 Where a party to the proceedings notifies the clerk of petty sessions of his opposition to an application under Rule 149AN, 149AO or, as the case may be, 149AP, the court shall direct a hearing of that application. 3 Where a hearing of an application is to take place in accordance with this Rule, the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing. 4 A party notified in accordance with paragraph (3) may be present at the hearing and be heard. 5 Before determining an application, the court may hear and take into account representations made to it by any person who in the court’s opinion has a legitimate interest in the application before it. 6 The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application under Rule 149AN, 149AO or 149AP, notify all the parties to the proceedings of the decision of the court in Form 15P.] [ Procedure for the admission of evidence of bad character 149AR 1 A party who wants to adduce evidence of a non-defendant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 5 of the 2004 Order, shall give notice in Form 88A. 2 [ Subject to paragraph 2(A),] notice under paragraph (1) shall be served on the clerk of petty sessions and on every other party to the proceedings – a within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by the prosecutor); or b as soon as is reasonably practicable, where the application concerns a non-defendant who is to be invited to give, or has given, evidence for a defendant. 2A In respect of a ... preliminary inquiry, notice under paragraph (1) shall be served on the clerk of petty sessions and on every other party to the proceedings not less than 14 days before the date fixed for the hearing.] 3 [ Subject to paragraph (3A),] any party who wishes to oppose the application under paragraph (1) shall, within 14 days of the date on which the notice of the application was served on him, notify the clerk of petty sessions and every other party to the proceedings, in Form 88B, of his opposition. 3A In respect of a ... preliminary inquiry, any party who wishes to oppose the application under paragraph (1) shall, within 7 days of the date on which the notice of the application was served on him, notify the clerk of petty sessions and every other party to the proceedings, in Form 88B, of his opposition.] 4 A prosecutor who wants to adduce evidence of a defendant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 6 of the 2004 Order, shall give notice in Form 88C. 5 [ Subject to paragraph (5A),] notice under paragraph (4) shall be served on the clerk of petty sessions and on every other party to the proceedings at the same time as the prosecutor complies or purports to comply with section 3 of the Criminal Procedure and Investigations Act 1996. 5A In respect of a ... preliminary inquiry, notice under paragraph (4) shall be served on the clerk of petty sessions and on every other party to the proceedings not less than 14 days before the date fixed for the hearing.] 6 A co-defendant who wants to adduce evidence of a defendant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 6 of the 2004 Order, shall give notice in Form 88C. 7 [ Subject to paragraph (7A),] notice under paragraph (6) shall be served on the clerk of petty sessions and on every other party to the proceedings within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996. 7A In respect of a ... preliminary inquiry, notice under paragraph (6) shall be served on the clerk of petty sessions and on every other party to the proceedings not less than 14 days before the date fixed for the hearing.] 8 An application by a defendant to exclude bad character evidence shall be in Form 88D and shall be served on the clerk of petty sessions and on every other party to the proceedings within 7 days from the date on which the notice under paragraph (4) or paragraph (6) was served on him. 9 A defendant who is entitled to have notice served on him under this Rule may waive his entitlement by so informing the court and the party who would have served the notice. 10 The court may, if it considers that it is in the interests of justice to do so— a allow a notice or application required under this Rule to be given in a different form, or orally; or b abridge or extend the time for service of a notice or application required under this Rule, either before or after that period expires. Procedure for the admission of hearsay evidence 149AS 1 This Rule shall apply where a party wishes to adduce [ oral] evidence on one or more of the grounds set out in Article 18(1)(a) to (d) of the 2004 Order and in this Rule, such evidence is referred to as “ hearsay evidence ”. 2 A prosecutor who wants to adduce hearsay evidence shall give notice in Form 88E. 3 [ Subject to paragraph (3A),] notice under paragraph (2) shall be served on the clerk of petty sessions and on every other party to the proceedings at the same time as the prosecutor complies or purports to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by prosecutor). 3A In respect of a ... preliminary inquiry, notice under paragraph (2) shall be served on the clerk of petty sessions and on every other party to the proceedings not less than 14 days before the date fixed for the hearing.] 4 A defendant who wants to adduce hearsay evidence shall give notice in Form 88E. 5 [ Subject to paragraph (5A),] notice under paragraph (4) shall be served on the clerk of petty sessions and on every other party to the proceedings within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996. 5A In respect of a ... preliminary inquiry, notice under paragraph (4) shall be served on the clerk of petty sessions and on every other party to the proceedings not less than 14 days before the date fixed for the hearing.] 6 [ Subject to paragraph (6A),] any party who wishes to oppose the application under paragraph (2) or (4) shall, within 14 days of the date on which notice of the application was served on him, notify the clerk of petty sessions and every other party to the proceedings, in Form 88F, of his opposition. 6A In respect of a ... preliminary inquiry, any party who wishes to oppose the application under paragraphs (2) or (4) shall, within 7 days of the date on which notice of the application was served on him, notify the clerk of petty sessions and every other party to the proceedings, in Form 88F, of his opposition.] 7 A party who is entitled to have notice served on him by this Rule may waive his entitlement by so informing the court and the party who would have served the notice. 8 The court may, if it considers that it is in the interests of justice to do so— a dispense with the requirement to give notice of intention to adduce hearsay evidence; b allow a notice required under this Rule to be given in a different form, or orally; or c abridge or extend the time for service of a notice required under this Rule, either before or after that period expires.] [ Admissibility of records as evidence under Article 16(5) of the Road Traffic Offenders (NI) Order 1996 149B 1 For the purposes of Article 16 of the Road Traffic Offenders (Northern Ireland) Order 1996 the matters described in paragraph (2) shall be admissible as evidence of any fact stated therein to the same extent as oral evidence if that fact is admissible in those proceedings. 2 The matters described are— a a document being, of forming part of, or submitted in connection with an application for— i an appointment for a test of competence to drive under Part II of the Order of 1981 ; ii an appointment for an extended driving test under Article 41 of the Offenders Order; iii a driving licence and its counterpart granted under Part II of the Order of 1981; iv a provisional driving licence and its counterpart granted under Part II of the Order of 1981; v a test certificate under Article 61(2) of the Order of 1995 ; vi a goods vehicle test certificate under Article 65(2) of the Order of 1995; vii a public service vehicle licence under Article 61 of the Order of 1981; viii an approved driving instructor’s certificate of registration or a licence under Article 132(2)(b) or 135 of the Order of 1981. b evidence of the result of— i a test of competence to drive under Part II of the Order of 1981 or, ii an extended driving test under Article 41 of the Offenders Order; c a driving licence and its counterpart granted under Part II of the Order of 1981; d a provisional driving licence and its counterpart granted under Part II of the Order of 1981; e a test certificate issued under Article 61(2) of the Order of 1995; f a goods vehicle test certificate under Article 65(2) of the Order of 1995; g a public service vehicle licence granted under Article 61 of the Order of 1981; h a public service vehicle disc issued under regulation 7 of the Public Service Vehicles Regulations (Northern Ireland) 1985 ; i a notification of refusal to issue or grant a certificate or licence under— i Article 61(4) of the Order of 1995; ii regulation 5(1) of the Goods Vehicles (Certification) Regulations (Northern Ireland) 1990 ; iii regulation 8(3) of the Public Service Vehicles Regulations (Northern Ireland) 1985; or iv regulation 17 of the Motor Cars (Driving Instruction) Regulations (Northern Ireland) 1991 . j an approved driving instructor’s certificate under Article 132(2)(g) or licence under Article 135 of the Order of 1981; k a notice of intention to revoke a licence under Article 10 of the Order of 1981; l a notice revoking or suspending a licence under Article 61(1) (public service vehicle licences), or 73(1) (large goods vehicle and passenger-carrying vehicle driver’s licence) of the Order of 1981; m in connection with the licensing and registration of mechanically propelled vehicles under the Vehicle Excise and Registration Act 1994 — i a document being, or forming part of, or submitted in connection with, an application for a vehicle licence or a trade licence or in connection with a repayment of duty under section 19 of the 1994 Act or the recovery of underpayments or overpayments of duty under the 1994 Act; ii a vehicle licence, trade licence, registration book or registration mark; iii a document containing a declaration and particulars in relation to vehicles exempted from duty under the 1994 Act. 3 In this Rule— a “ the 1994 Act ” means the Vehicle Excise and Registration Act 1994; b “ the Order of 1981 ” means the Road Traffic (Northern Ireland) Order 1981; c “ the Order of 1995 ” means the Road Traffic (Northern Ireland) Order 1995; d “ the Offenders Order ” means the Road Traffic Offenders (Northern Ireland) Order 1996; e “ certificate of competence to drive ” means a certificate issued in pursuance of Regulation 37 of the Motor Vehicle (Driving Licences) Regulations (Northern Ireland) 1996 ; f “ driving licence ” means a licence to drive a motor vehicle granted under Part II of the Order of 1981; g “ counterpart ” has the meaning assigned to it by Article 19D of the Order of 1981; h “ registration book ” means a registration book issued under the Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 1976 ; i “ registration mark ” has the meaning assigned to it by section 62 of the 1994 Act; j “ trade licence ” has the meaning assigned to it under section 11 of the 1994 Act; k “ vehicle licence ” means a licence for a mechanically propelled vehicle under the 1994 Act; l “ the Department ” means Department of the Environment.] [ Evidence by live link where witness is outside the United Kingdom 149C 1 An application for leave under Article 80A(3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 for a witness (other than the accused) who is outside the United Kingdom to give evidence through a live link shall be made by giving notice in Form 88G. 2 The notice under paragraph (1) shall be served on the clerk of petty sessions and every other party to the proceedings not less than 14 days before the day fixed for commencement of the preliminary investigation or preliminary inquiry. 3 Any party who wishes to oppose the application shall, within 7 days of the date that notice was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition giving reasons for it. 4 Except where notice is received in accordance with paragraph (3), the court may— a determine the application in favour of the applicant without a hearing; or b direct a hearing. 5 Where a party to the proceedings notifies the clerk of petty sessions in accordance with paragraph (3) of his opposition to the application, the clerk of petty sessions shall fix a date for the hearing of the application. 6 Where a hearing is to take place in accordance with paragraphs (4) or (5), the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing. 7 A party notified in accordance with paragraph (6) may be present at the hearing and be heard. 8 The clerk of petty sessions shall, as soon as reasonably practicable after determination of an application under paragraph (1), notify all the parties of the decision of the court in Form 88H and, where leave is granted, the notification shall state— a the country in which the witness will give evidence; b if known, the place where the witness will give evidence; c where the witness is to give evidence on behalf of the prosecutor or where disclosure is required by section 5(7) of the Criminal Procedure and Investigations Act 1996 (alibi), the name of the witness; d the location of the court at which the preliminary investigation or preliminary inquiry will be held; and e any conditions specified by the Court in accordance with paragraph (9). 9 In determining an application under paragraph (1), the court may specify that as a condition of the grant of leave the witness should give evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the court may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence. 10 The court may, if it considers that it is in the interests of justice to do so, extend the time for service of a notice required under this Rule, either before or after that period expires. Application for an abridgement of time 149D 1 The period specified in Rule 149C(2) may be abridged at any time by the court on an application made in writing, specifying why the applicant is or was unable to make the application within that period. 2 The application shall be served, by the applicant, on the clerk of petty sessions and on every other party to the proceedings. 3 An application for an abridgement of time under this Rule shall be determined by a district judge (magistrates’ courts) without a hearing unless the district judge (magistrates’ courts) otherwise directs. 4 Where the district judge (magistrates’ courts) abridges the period of 14 days under Rule 149C(2), he shall also specify the period within which any other party to the proceedings may give notice of opposition in writing under Rule 149C(3). 5 The clerk of petty sessions shall notify all the parties of the district judge (magistrates’ courts) decision, and (as the case may be) the period specified by the district judge (magistrates’ courts) for the giving of notice of opposition in writing under Rule 149C(3). Form of notice 149E The court may, if it considers that it is in the interests of justice to do so, allow a notice required under Rules 149C or 149D to be given in a different form, or orally.] [ Evidence by live link by witness (other than the defendant) 149F 1 An application for a direction under Article 10 of the Criminal Justice (Northern Ireland) Order 2004 for a witness (other than the defendant) to give evidence through a live link shall be made by giving notice in Form 88I. 2 a ..., an application under paragraph (1) shall be made not less than 14 days before the day fixed for the commencement of the proceedings to which the application relates. b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The notice under paragraph (1) shall be served on the clerk of petty sessions and at the same time a copy thereof shall be served on every other party to the proceedings. 4 Any party who wishes to oppose the application shall, within 7 days of the date that notice under paragraph (1) was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition giving reasons for it. 5 Except where notice is received in accordance with paragraph (4), the court may— a determine the application in favour of the applicant without a hearing; or b direct a hearing. 6 Where a party to the proceedings notifies the clerk of petty sessions in accordance with paragraph (4) of his opposition to the application, the clerk of petty sessions shall fix a date for the hearing of the application. 7 Where a hearing is to take place in accordance with paragraphs (5) or (6), the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing. 8 A party notified in accordance with paragraph (7) may be present at the hearing and be heard. 9 The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision of the court in Form 88J, and, where a direction is given, the notification shall state— a the place where the witness will give evidence; b where the witness is to give evidence on behalf of the prosecutor or where disclosure is required by section 6A(2) of the Criminal Procedure and Investigations Act 1996, the name of witness; c the location of the court at which the proceedings to which the application relates will be held; and d any conditions specified by the court in accordance with paragraph (10). 10 In determining an application under paragraph (1), the court may specify that as a condition of the direction, the witness should give evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the court may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence. 11 The court may, if it considers that it is in the interests of justice to do so— a allow a notice or application required under this rule to be given in a different form, or orally; or b abridge or extend the time for service of a notice or application required under this rule, either before or after that period expires. Application for rescission of a direction 149G 1 An application to rescind a direction for a witness to give evidence through a live link under Article 11(5)(a) of Criminal Justice (Northern Ireland) Order 2004 shall be made in writing and shall specify each material change of circumstances which the applicant alleges has occurred since the direction was made. 2 An application under paragraph (1) shall be served on the clerk of petty sessions and on every other party to the proceedings as soon as is reasonably practicable after the change in circumstances occurs. 3 Any party on whom a copy of the notice under paragraph (2) is served may oppose the application on the ground that it discloses no material change of circumstances. 4 Paragraphs (3)–(9) and (11) of rule 149F shall apply to an application to rescind a live link direction as they apply to an application for a live link direction. Application by the accused for live link direction 149H 1 An application by the accused for a live link direction under Article 21A of the 1999 Order shall be made by giving notice in Form 88K. 2 a ..., an application under paragraph (1) shall be made not less than 14 days before the day fixed for the commencement of the proceedings to which the application relates. b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The notice under paragraph (1) shall be served on the clerk of petty sessions and at the same time a copy thereof shall be served, by the applicant, on every other party to the proceedings. 4 Any party on whom a copy of the notice of the application under paragraph (1) is served may oppose the application for a live link direction whether or not the question of whether the conditions set out in Article 21A(4) or (5) of the 1999 Order is in issue. 5 Any party who wishes to oppose the application shall, within 7 days of the date the notice under paragraph (1) was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition and give reasons for it. 6 In order to comply with paragraph (5), a party shall state in the written notification whether he disputes that— a the accused is eligible for a live link direction by virtue of Article 21A(4) or (5) of the 1999 Order; and b it is in the interests of justice for the accused to give evidence through a live link. 7 Except where notice is received in accordance with paragraph (5), the court may — a determine the application in favour of the applicant without a hearing; or b direct a hearing. 8 Where a party to the proceedings notifies the clerk of petty sessions in accordance with paragraph (5) of his opposition to the application, the clerk of petty sessions shall fix a date for the hearing of the application. 9 Where a hearing of the application is to take place in accordance with paragraphs (7) or (8), the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing. 10 A party notified in accordance with paragraph (9) may be present at the hearing and be heard. 11 The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 88L. 12 The court may, if it considers that it is in the interests of justice to do so— a allow a notice or application required under this rule to be given in a different form, or orally; or b abridge or extend the time for service of a notice or application required under this rule, either before or after that period expires. 13 Where a live link direction is made enabling the accused to give evidence by means of a live link, he shall be accompanied at the live link only by persons acceptable to a district judge (magistrates’ courts). Discharge of live link direction 149I 1 Subject to paragraph (3), an application to discharge a live link direction under Article 21A(7) of the 1999 Order shall be made in writing. 2 An application under paragraph (1) shall be served on the clerk of petty sessions and on each party to the proceedings as soon as reasonably practicable. 3 Paragraphs (4) to (12) of rule 149H shall apply to an application to discharge a live link direction as they apply to an application for a live link direction.] [ Witness Summonses 149J In these Rules, unless the context otherwise requires— “ the applicant ” means the applicant in relation to an application to which that rule applies; and “the directed person” and “the stipulated evidence, document or thing” have the same meaning as in Article 118A(8) of the Order. Application for a witness summons 149K 1 This rule applies to an application under Article 118A of the Order for the issue of a witness summons. 2 Subject to paragraphs ([ 8]) to (10), the application shall be made in writing, and shall— a contain a brief description of the stipulated evidence, document or thing; b set out the reasons why the applicant considers that the stipulated evidence, document or thing is likely to be material evidence; c set out the reason why a witness summons should be issued to secure the attendance of the directed person to give evidence or to produce the document or thing; d be accompanied with a draft Form 85A; and e if the witness summons is proposed to require the directed person to produce a document or thing— i inform the directed person of his right under paragraph (5) to make representations in writing and at a hearing; and ii state whether the applicant seeks a requirement to be imposed under Article 118B of the Order (power to require advance production) and, if such a requirement is sought, specify the place and time at which the applicant wishes the document or thing to be produced. 3 The application shall be supported by an affidavit— a setting out any complaint on which the proceedings concerned are based; b specifying the stipulated evidence, document or thing in such a way as to enable the directed person to identify it; c specifying grounds for believing that the directed person is likely to be able to give the stipulated evidence or, to produce the stipulated evidence, document or thing; d specifying grounds for believing that the stipulated evidence is likely to be material evidence or, as the case may be, that the stipulated document or thing is likely to be material evidence. 4 The application and the supporting affidavit shall be served on the clerk of petty sessions and the directed person. 5 The directed person may, within 7 days of receiving a copy of the application under paragraph (4), inform, in writing, the clerk of petty sessions whether or not he wishes to make representations, concerning the issue of the witness summons proposed to be directed to him, at a hearing and may also serve written representations on the clerk of petty sessions. 6 The clerk of petty sessions shall— a if the directed person indicates that he wishes to have the application considered at a hearing, fix a time, date and place for the hearing; b if the directed person does not indicate in accordance with paragraph (5) that he wishes to make representations at a hearing, refer the application to the court for determination with or without a hearing; c notify the applicant, and where sub-paragraph (a) applies, the directed person of the time, date and place fixed for any hearing of the application. 7 A hearing under this rule may, if the court so directs, take place in private and the reasons for granting or refusing the application shall be recorded in the Order Book. 8 In the case of an application for a witness summons which it is proposed shall require the directed person to give evidence but not to produce any document or thing, that application may, with the consent of the court, be made orally to the court and, in such a case— a paragraphs (3) to (7) shall not have effect; and b the application shall, in addition to the matters set out in sub-paragraphs (a) to (d) of paragraph (2), specify— i any complaint on which the proceedings concerned are based; and ii the grounds for believing that the directed person is likely to be able to give the stipulated evidence. 9 Subject to paragraph (10) and rule 149L, in the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made within 7 days of the date fixed for hearing the proceedings, the clerk of petty sessions shall refer the notice of application to the court to determine or, give such directions as it considers appropriate, and paragraphs (2)(e)(i) and (4) to (6) shall not have effect. 10 In the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made during the course of proceedings, such application shall be made orally to the court to determine the application or to give such directions as it considers appropriate, and in such a case— a paragraphs (3) to (7) shall not have effect; and b the application shall, in addition to the matters set out in sub-paragraphs (a) to (d) of paragraph (2), specify the grounds for believing that the directed person is likely to be able to produce the document or thing. Application that summons be of no further effect 149L 1 This rule applies to an application under Article 118B of the Order. 2 The application shall be made in writing to the clerk of petty sessions as soon as reasonably practicable after the document or thing has been produced for inspection in pursuance of a requirement imposed by the witness summons under Article 118B of the Order. 3 The application shall state that the applicant concludes that the requirement imposed by the witness summons under Article 118A(2) of the Order is no longer needed. 4 If a direction is given under Article 118B of the Order following the application, the clerk of petty sessions shall notify the person to whom the witness summons is directed of the effect of the direction. Application to make the summons issued on application ineffective 149M 1 This rule applies to an application under Article 118C of the Order. 2 The application shall be made in writing, be served on the clerk of petty sessions, and shall— a state that the applicant was not served with notice of the application to issue the summons and that he was neither present nor represented at any hearing of that application; and b set out the reasons why the applicant considers that he cannot give evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence. 3 On receiving the application the clerk of petty sessions shall— a serve notice of the application on the person on whose application the witness summons was issued; and b refer the application— i to the district judge (magistrates’ courts) who will hear and determine the complaint; or ii to the district judge (magistrates’ courts) or lay magistrate who issued the witness summons or, the district judge (magistrates’ courts) who will hear the complaint, if the hearing of the complaint has not yet begun. 4 The court shall not grant or, as the case may be, refuse the application unless the applicant and the person on whose application the witness summons was issued have been given an opportunity of making representations, whether at a hearing or (where they agree to do so) in writing without a hearing. 5 In a case where the witness summons to which the application relates imposed a requirement to produce any document or thing, then if— a the applicant can produce that document or thing; but b he seeks to satisfy the court that the document or thing is not likely to be material evidence or that is not in the interests of justice for it to be produced, the applicant must, unless the court directs otherwise, arrange for the document or thing to be available at the hearing of the application. 6 A hearing under this rule may, if the court so directs, take place in private and the reasons for granting or refusing the application shall be recorded in the Order Book. 7 The clerk of the petty sessions shall notify the applicant and the person on whose application the witness summons was issued of the decision of the court in relation to the application. Application to make summons issued of the court’s own motion ineffective 149N 1 Rule 149M shall apply to an application under Article 118D of the Order as it applies to an application under Article 118C of that Order, subject to the following modifications. 2 Paragraphs (2)(a) and (3)(a) shall be omitted. 3 In paragraphs (4) and (7), the words “and the person on whose application the witness summons was issued” shall be omitted. 4 In paragraph (4), for the words “(where they agreed to do so)”, there shall be substituted “(where he agrees to do so).] [ Application by the accused for a direction allowing the examination of the accused through an intermediary 149O 1 An application by the accused for direction allowing the accused to be examined through an intermediary under Article 21BA of the 1999 Order shall be made in Form 88K and shall include— a the information sought in Part C of Form 88K; and b any relevant report, including an intermediary’s assessment. 2 a ..., an application under paragraph (1) shall be made not less than 14 days before the date fixed for the commencement of the proceedings to which the application relates. b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The notice under paragraph (1) shall be served on the clerk of petty sessions and at the same time a copy thereof shall be served by the applicant on every other party to the proceedings. 4 Any party on whom a copy of the notice of the application under paragraph (1) is served may oppose the application for a direction allowing the use of an intermediary, whether or not the question of the conditions set out in Article 21BA (5) or (6) of the 1999 Order for the use of an intermediary is in issue. 5 Any party who wishes to oppose the application shall, within 7 days of the date the notice under paragraph (1) was served on him, notify the applicant and the clerk of petty sessions in writing of his opposition and give reasons for it. 6 In order to comply with paragraph (5), a party shall state in the written notification whether he disputes that— a the accused is eligible for a direction allowing the use of an intermediary by virtue of Article 21BA (5) or (6) of the 1999 Order as appropriate; and b allowing the accused to be examined through an intermediary is necessary in order to ensure that the accused receives a fair trial. 7 Except where notice is received in accordance with paragraph (5), the court may— a determine the application in favour of the applicant without a hearing; or b direct a hearing. 8 Where a party to the proceedings notifies the clerk of petty sessions in accordance with paragraph (5) of his opposition to the application, the clerk of petty sessions shall fix a date for the hearing of the application. 9 Where a hearing of the application is to take place in accordance with paragraph (7) or (8), the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing. 10 A party notified in accordance with paragraph (9) may be present at the hearing and be heard. 11 The clerk of petty sessions shall, as soon as reasonably practicable, after the determination of an application under paragraph (1), notify all the parties of the decision in Form 88M. 12 The court may, if it considers that it is in the interests of justice to do so— a allow a notice or application required under this rule to be given in a different form, or orally; or b abridge or extend the time for service of a notice or application required under this rule, either before or after that period expires. Discharge or variation of a direction allowing the examination of accused by an intermediary 149P 1 Subject to paragraph (3), an application to discharge or vary a direction allowing the examination of the accused by an intermediary shall be made in writing. 2 Any application under paragraph (1) shall be served on the clerk of petty sessions and on each party to the proceedings as soon as reasonably practicable. 3 Paragraphs (4) to (12) of Rule 149O shall apply to an application to discharge or vary a direction allowing the examination of the accused by an intermediary as they apply to an application for such a direction. Declaration by an intermediary acting for either a witness or an accused 149Q 1 The declaration required to be taken by an intermediary under Article 17(5) or 21BA(9) of the 1999 Order shall be as set out in Form 88N. 2 A copy of the declaration made by the intermediary shall be served on the clerk of petty sessions and on each party to the proceedings at the time an application for the use of an intermediary under rule 149AA or rule 149O is being made, or as soon as reasonably practicable thereafter.] PART IX RECOGNIZANCES Taking of recognizances 150 1 Every recognizance shall specify in full the name and address of each party bound and the amount in which each party is bound thereby. 2 A recognizance may be taken by a district judge (magistrates’ courts), lay magistrate, clerk of petty sessions, or, where the person to be bound thereby is in prison or in a juvenile justice centre or is a surety for such person, the governor or deputy governor of the prison or the person in charge of the [ centre], as the case may be. 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Where an appellant is in Great Britain a recognizance under Article 149 of the Order may be taken from him by a justice of the peace [lay magistrate] or clerk to the justices or, as the case may be, a sheriff, sheriff depute, sheriff clerk or sheriff clerk depute. 4 Every recognizance shall be signed by each party acknowledging that he is bound thereby and by the person taking it. 5 A person authorised to take a recognizance may require a person offering himself as surety to a recognizance to produce evidence as to his means and as to his identity and place of abode and to sign a certificate that he is possessed of sufficient means to pay the sum in which he is to be bound under the recognizance. 6 Such certificate shall be attached to or endorsed on the recognizance. 7 Where the party to be bound is a body corporate the recognizance shall be signed by a director or officer thereof. 8 Where a person has deposited a sum of money or other valuable security with the clerk of petty sessions in lieu of sureties to a recognizance to prosecute an appeal to the county court or by way of case stated to the Court of Appeal, that recognizance may, where the person to be bound is outside Northern Ireland or is ill or is unable to attend at the time when he is required to enter it, be signed by his solicitor on behalf of and in the name of that person. Deposit of recognizance with clerk of petty sessions 151 Without prejudice to Rule 21, where the condition of a recognizance is to appear before a magistrates’ court or to be of good behaviour or to keep the peace or to be of good behaviour and keep the peace, the recognizance shall be deposited with the clerk of petty sessions. Recognizances taken under Article 129 or 130 of the Order 152 1 Where a person is discharged from custody upon his entering into a recognizance under Article 129 or 130 of the Order the member of the Police Service of Northern Ireland in charge of the [ police station] shall give such person a copy of the recognizance before he leaves the [ police station.] 2 Where a person is released from custody under Article 130(1)(a) of the Order upon his entering into a recognizance to appear before a magistrates’ court, such recognizance need not be conditioned for his personal appearance before such court if the complaint into which inquiries are being made charges a summary offence. Taking of recognizances of accused and sureties where court has certified consent to bail and accused has been remanded in custody 153 Where an accused has been remanded or committed for trial in custody and the court has certified its consent to his being released on bail, his recognizance or that of surety specified in the certificate may be taken by— a any person referred to in Rule 150(2); or b the member of the Police Service of Northern Ireland in charge of the police station where the accused is in custody prior to commitment to prison, and after taking such recognizance or recognizances that person or member shall discharge the accused from custody and send the recognizance or recognizances to the clerk of the petty sessions. [ Procedure on application for bail following grant of conditional police bail 153A 1 An application under Article 132A of the Order [ or under Article 48(4) of the Police and Criminal Evidence (Northern Ireland) Order 1989] shall be made by giving notice in Form 91A which shall— a contain a statement of the grounds upon which it is made; b specify the offence in connection with which the applicant was released on bail; c specify, or be accompanied by a copy of the note of, the reasons given by the custody officer for imposing or varying the conditions of bail; and d specify the name and address of any surety provided by the applicant before his release on bail to secure his surrender to custody. 2 The notice under paragraph (1) shall be served by the applicant— a on the clerk of petty sessions, and b on the custody officer for the police station at which the applicant was granted bail or at which the conditions of his bail were varied. 3 A notice under paragraph (1) may be served by the applicant or any person authorised by him to serve such notice in accordance with section 24(2) of the Interpretation Act (Northern Ireland) 1954 . 4 The clerk of petty sessions shall give notice of the date, time and place fixed for the hearing of the application to— a the applicant; b the prosecutor; and c any surety provided by the applicant before his release on bail to secure his surrender to custody. 5 The time fixed for the hearing of the application shall be not later than 72 hours after receipt of the application, excluding weekends, Christmas Day, Good Friday and any bank holiday. 6 The clerk of petty sessions shall, as soon as reasonably practicable, notify the applicant and any surety specified in the application of the decision of the court in Form 91B. 7 The notice specified in paragraph (6) shall be served by ordinary first class post (in which case the notice shall be deemed to have been received in the ordinary course of post unless the applicant or, as the case may be, the surety proves that he did not receive it). Procedure on reconsideration of a decision to grant bail 153B 1 An application under Article 133A of the Order] shall be made by giving notice in Form 91C which shall— a contain a statement of the grounds upon which it is made; b specify the offence in connection with which the person to whom this application relates was released on bail; c specify the decision to be reconsidered (including any conditions of bail which have been imposed and why they have been imposed); and d specify the name and address of any surety provided by the person to whom the application relates before his release on bail. 2 The notice under paragraph (1) shall be served by the applicant— a on the clerk of petty sessions, b on the person to whom the application relates, and c on any surety specified in the application. 3 The clerk of petty sessions shall give notice of the date, time and place fixed for the hearing of the application to— a the applicant; b the person to whom the application relates; and c any surety specified in the application. 4 The time fixed for the hearing of the application shall be not later than 72 hours after receipt of the application, excluding weekends, Christmas Day, Good Friday and any bank holiday. 5 At the hearing of an application under Article 133A of the Order, the court shall consider any representations made by the person to whom the application relates (whether in writing or orally) before taking any decision under that Article with respect to him. 6 Where the person to whom the application relates does not appear before the court, the court shall not determine the application unless it is satisfied that the notice under paragraph (4) was served on that person before the hearing. 7 The clerk of petty sessions shall, as soon as reasonably practicable, notify the person to whom the application relates and any surety specified in the application of the decision of the court in Form 91D. 8 Where the court proceeds in accordance with paragraph (6) to hear the application in the absence of the person to whom it relates and directs that bail be withheld— a the order under Article 133A(4)(b) that the person surrender himself forthwith to the custody of the court shall be in Form 91E and shall be signed by the district judge (magistrates’ court); and b the clerk of petty sessions shall serve a copy of that order on the person to whom the application relates. 9 Any document required by this Rule to be served on the person to whom the application relates shall be served in accordance with section 24(2) of the Interpretation Act (Northern Ireland) 1954. 10 Any document required by this Rule to be served on a surety shall be served by ordinary first class post (in which case the document shall be deemed to have been received by him in the ordinary course of post unless the surety proves that he did not receive it).] [ Compassionate bail 153C 1 An application for compassionate bail under section 91 of the Justice Act (Northern Ireland) 2011 shall be made by giving notice in Form 96A. 2 The notice under paragraph (1) must be served by the applicant on the clerk of petty sessions and the Director of Public Prosecutions for Northern Ireland. 3 An application under paragraph (1) must be listed by the clerk of petty sessions not later than 72 hours after receipt of the application by the clerk of petty sessions, excluding weekends, Christmas Day, Good Friday and any bank holiday. 4 The clerk of petty sessions must inform the defendant, the Director of Public Prosecutions for Northern Ireland and the governor of the prison or other place in which the defendant is being detained of the time and place of the hearing. 5 The clerk of petty sessions shall, as soon as reasonably practicable after the determination of the application under paragraph (1), notify the defendant, the Director of Public Prosecutions and the governor of the prison or other place in which the defendant is being detained of the decision of the court in Form 96B.] PART X APPEALS A. APPEAL TO THE COUNTY COURT Notice of appeal, recognizances, etc. 154 1 The notice of appeal to be given to the other party and the copy of the notice to be lodged with the clerk of petty sessions under Article 144(1) of the Order shall be prepared and signed by the appellant or by his solicitor or other authorized agent and shall contain his address or that of his solicitor or other duly authorized agent. 2 Where an appeal is against conviction or sentence or both conviction and sentence the notice of appeal shall so state and, where the appeal is against more than one conviction or sentence, only one notice need be given to the other party and only one copy thereof need be lodged with the clerk of petty sessions and such notice shall specify the convictions or sentences which are the subject of the appeal. 3 Every copy of the said notice lodged with the clerk of petty sessions shall be endorsed with the date upon which and the manner in which the notice was so given. 4 As soon as practicable after the clerk of petty sessions has received the copy of the notice of appeal and the appellant has, where he is required to do so, entered into a recognizance under Article 148 or Article 149 of the Order the district judge (magistrates’ courts) or lay magistrate from whose conviction or order the appeal is to be brought or the clerk of petty sessions shall sign a separate form (in these Rules referred to as a “ form of appeal ”) setting out the terms of each conviction or order separately appealed against which shall include a certificate signed by the clerk of petty sessions to the effect that notice of appeal has been given and that such recognizance has, where necessary, been duly entered. 5 Where a notice of appeal refers to more than one conviction or order, only one recognizance under Article 148 or under Article 149 of the Order suitably adapted need be entered into by the appellant. Documents to be sent to the chief clerk and to the parties to the appeal 155 1 As soon as practicable after complying with Rule 154 the clerk of petty sessions shall send to the chief clerk ...— a the copy of the notice of appeal; b the recognizance, if any, entered into by the appellant under Article 148 or Article 149 of the Order; c the form of appeal duly completed; [ ...] d 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 appellant), and]; e a copy of any entry in the Order Book made in pursuance of Article 10(7); 13(9); 15(4) or 19(5) of the 1996 Order, or under Rule 125A.] 2 The clerk of petty sessions shall at the same time send to the appellant and to the respondent a copy of the form of appeal. Procedure after appeal to county court is determined 156 1 After the county court has decided an appeal from a magistrates’ court, the chief clerk ..., within seven days of such decision, a shall certify such decision; and b in any case in which the county court has determined that a right or rights of the appellant under Article 5 of the Convention were infringed by the making of the order to which the appeal relates shall so specify, at the foot of the form of appeal and shall transmit the form of appeal to the clerk of petty sessions who shall enter the details referred to in sub-paragraphs (a) and (b) as appropriate in his Order Book. 2 In this Rule, “ the Convention ” has the same meaning as in section 21 of the Human Rights Act 1998 .] Return of Recognizance where notice of abandonment of appeal to the county court has been given 157 After he receives a notice of abandonment of an appeal to the county court the chief clerk ... shall return any recognizance of the appellant entered into under Article 148 or 149 of the Order to the clerk of petty sessions. B. APPEAL BY WAY OF CASE STATED Contents of and signature upon written application for case stated 158 A written application under Article 146 of the Order for a case to be stated for the opinion of the Court of Appeal shall— a specify the point of law involved in the determination by the magistrates’ court of the proceedings or any issue as to its jurisdiction; and b be prepared and signed by the appellant or his solicitor or counsel and contain his address or that of his solicitor. Notification of decision to grant application for case stated 159 As soon as the court grants an application for a case stated, it shall notify the parties to the proceeding of its decision to grant the application. Notification of decision in an application for case stated in relation to proceedings under section 59 of the Crime (International Co-operation) Act 2003 159A Where an application has been made to a district judge (magistrates’ courts) to state a case in relation to proceedings under section 59 of the Crime (International Co-operation) Act 2003, and the Court of Appeal has suspended the recognition of the disqualification under section 62(3) of that Act, the applicant shall notify the proper officer, as soon as practicable, if — a the applicant abandons the application to state a case; or b the district judge (magistrates’ courts) refuses to state a case and the applicant does not intend to apply to the Court of Appeal to compel him or her to do so.] Preparation and contents of case stated 160 1 A case stated by a magistrates’ court under Article 146 of the Order shall be prepared and signed by the district judge (magistrates’ court) or where the decision on which the case is stated was made in a proceeding brought for the prosecution of an offence specified in Part II of Schedule 1 to the Order and was heard by a lay magistrate other than a district judge (magistrates’ court), by such justice. 2 A district judge (magistrates’ court) or lay magistrate in preparing a case stated shall refer copies of the draft thereof to the parties to the proceeding in which the decision was made upon which the case is to be stated. 3 Without prejudice to paragraph (1), after copies of the draft case stated have been referred to the parties under paragraph (2) any party may make written representations to the district judge (magistrates’ court) or lay magistrate on such draft within such time as the district judge (magistrates’ court) or lay magistrate may fix and a copy of the document in which such representations are made, dated and signed by the party making the same or his solicitor, shall be served by such party on any other party to the proceeding or his solicitor. 4 A case stated by a magistrates’ court shall state the facts found by the court and, unless one of the questions on which the opinion of the Court of Appeal is sought is whether there was evidence on which the magistrates’ court could come to its decision, shall not contain a statement of the evidence. C. OTHER MATTERS IN RELATION TO APPEALS TO THE COUNTY COURT AND BY WAY OF CASE STATED Appellant to be told of his right to apply to the High Court for release from custody or reduction of bail pending hearing of appeal 161 Where a magistrates’ court or any lay magistrate ... refuses to allow a person to be released from custody or has fixed the amount of a recognizance under Article 148(1) of the Order pending his appeal to the county court or by way of case stated to the Court of Appeal, the magistrates’ court or justice shall inform him of his right to apply to the High Court or to a Judge thereof in accordance with paragraphs (2) and (3) of Article 148 of the Order for his release from custody or for reduction of the amount of the recognizance he or any surety has been required to enter or of the amount of any security to be given in lieu of sureties to the recognizance. [ D. PROSECUTION APPEAL TO THE HIGH COURT AGAINST GRANT OF BAIL BY A MAGISTRATES’ COURT. Procedure where prosecution appeals against grant of bail by magistrates’ court 161A 1 Where the prosecution wishes to exercise the right of appeal, under section 10 of the Justice (Northern Ireland) Act 2004 (hereafter in this Rule referred to as “ the 2004 Act ”), to the High Court against a decision to grant bail, the oral notice of appeal shall be given, by the prosecution, to the clerk of the court and to the person concerned, at the conclusion of the proceedings in which such bail was granted and before the release of the person concerned. 2 On receipt of the oral notice of appeal, the clerk of the court shall announce in open court the time at which the notice was given. 3 A record of the prosecution’s decision to appeal and the time the oral notice of appeal was given shall be made in the Order Book. 4 Where oral notice of appeal has been given the court shall remand in custody the person concerned until the appeal is determined or otherwise disposed of by a warrant of commitment in Form 10C. 5 The written notice of appeal required by section 10(5) of the 2004 Act shall be in Form 91F and shall be served, by the prosecution, on the clerk of petty sessions and the person concerned within the two hour period referred to in section 10(5) of the 2004 Act. 6 The written notice of appeal served on the clerk of petty sessions shall be endorsed with the manner in which and the time at which it was served on the person concerned. 7 A record of the time at which the written notice of appeal was received by the clerk of petty sessions shall be made in the Order Book. 8 As soon as practicable after written notice of appeal is served on him, the clerk of petty sessions shall serve a copy of that notice, endorsed with the time at which it was served, on the person having custody of the person concerned. 9 If, having given oral notice of appeal, the prosecution fails to serve a written notice of appeal within the two hour period referred to in section 10(5) of the 2004 Act the clerk of petty sessions shall, as soon as practicable, by way of written notice in Form 91G to the person in whose custody the person concerned is, direct the release of the person concerned on bail as granted by the court and subject to any conditions which it imposed. 10 Notice of abandonment of appeal shall be in Form 91H and shall be served, by the prosecution, on the clerk of petty sessions and on the person concerned. 11 As soon as practicable after notice of abandonment of appeal is served on him, the clerk of petty sessions shall, by way of written notice in Form 91I to the Governor of the prison where the person concerned is being held, or the person responsible for any other establishment where such a person is being held, direct his release on bail as granted by the magistrates’ court and subject to any conditions which it imposed. 12 A record of the prosecution’s failure to serve a written notice of appeal, or its service of a notice of abandonment, shall be made in the Order Book. 13 As soon as practicable after written notice of appeal has been served on the clerk of petty sessions, he shall send to the appropriate officer of the High Court - a a copy of that written notice; and b a note of the date, or dates, when the person concerned is next due to appear in the court, whether he is released on bail or remanded in custody by the High Court. 14 Expressions used in this Rule and in section 10 the 2004 Act have the same meaning as in section 10 of the 2004 Act.] PART XI MISCELLANEOUS Adjournments in proceedings upon summons, etc., where date of resumption thereof to be fixed 162 1 Where proceedings commenced by summons upon complaint are adjourned and the defendant is not remanded in custody or upon bail and the time and place at which the proceedings are to be resumed are, in accordance with Article 161(3) of the Order left to be determined later by the court, the original summons shall be returned by the clerk of petty sessions to the complainant. 2 Where the court has determined such time and place, the clerk of petty sessions shall serve notice thereof upon the complainant and the defendant and the complainant shall relodge the original summons with the said clerk a reasonable time before the time specified in the notice. 3 Without prejudice to the provisions of section 24 of the Interpretation Act (Northern Ireland) 1954 as to the manner in which any document may be served, such notice may be served in any manner directed by a district judge (magistrates’ court) (including service thereof upon a solicitor representing that he is authorised to accept service on behalf of the defendant) and the court before which the proceedings are resumed may declare the service of the notice, however effected, sufficient. 4 This Rule shall, subject to any direction of the court, apply also to proceedings before a magistrates’ court commenced by notice of application or notice of appeal as though for reference to the original summons or the defendant there were substituted a reference to such notice of appeal or application or the respondent, as the case may be. Remands in hospital 163 Where a person has been arrested and charged with an offence and by reason of illness has been taken to hospital before being remanded by a magistrates’ court, a court sitting out of petty sessions in the precincts of the hospital may, instead of remanding him by committing him to prison, if it appears expedient to do so, remand him under Article 47 of the Order in the custody of the governor of the appropriate prison and under the control of a prison officer for the purposes of section 18 of the Prison Act (Northern Ireland) 1953 . Service of copy of order to which Article 98 of the Order applies 164 Where the court makes, revokes, discharges, revives or varies an order to which Article 98 of the Order applies, the court shall cause a copy of its order to be served on the player and on the payee under the Order delivering it to him or by sending it by ordinary post in an envelope addressed to him at his last known or usual place of abode. [ Interpretation of Rules 166 to 170 165 In rules 166 to 170— a “ the Act ” means the Coroners and Justice Act 2009; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c a section referred to by number means the section so numbered in the Act; and d expressions which are defined in the Act have the same meaning in these Rules as they have in the Act. Application for an investigation anonymity order 166 1 An application for an investigation anonymity order shall— a be made in writing setting out how the conditions specified in section 78(3) to (8) of the Act are satisfied; b identify the person to be specified in the order, unless the court otherwise directs; and c attach any material on which the applicant intends to rely. 2 The applicant shall indicate if he or she intends to appeal a refusal to make an investigation anonymity order— a in the application for the order; or b if there is a hearing of the application, at the hearing. 3 The applicant shall serve a copy of the application under paragraph (1) on the clerk of petty sessions. 4 Where a hearing is directed, the clerk of petty sessions shall fix a date for the hearing of the application and notify the applicant of the time and place of hearing. 5 At a hearing of an application under paragraph (1), the applicant shall, if he or she has not already done so, inform the court of the identity of the person to be specified in the order, unless the court otherwise directs. 6 The clerk of petty sessions shall, as soon as practicable, after the determination of an application under paragraph (1), notify the applicant of the decision in Form 126. Appeal against refusal to make an investigation anonymity order 167 1 A notice of appeal against a refusal of an application made under section 77, shall— a be made in writing, setting out the grounds of appeal; and b be lodged with the clerk of petty sessions within 14 days of the date on which the decision which is the subject of the appeal was made. 2 The appellant shall inform the court of the identity of the person to be specified in the order, if he or she has not already done so— a in the notice of appeal; or b at the hearing of the appeal, unless the court otherwise directs. Application to discharge an investigation anonymity order 168 1 An application to discharge an investigation anonymity order under section 80 shall— a be made in writing; b set out the material change of circumstances since the order was made, or since any previous application was made to discharge it, explaining why it is appropriate for the order to be discharged; c inform the court if the applicant intends to appeal against a decision of the court regarding the discharge of the order; and d attach a copy of the original order along with any material on which the applicant intends to rely. 2 A copy of an application under paragraph (1) shall be served, by the applicant, as soon as reasonably practicable on the clerk of petty sessions, and where not the applicant, on— a the person on whose application the relevant investigation anonymity order was made; or b the specified person. 3 The clerk of petty sessions shall fix a date for the hearing of the application and shall notify the applicant and any other person to whom notice of the application has been given, of the time and placing of hearing. 4 The clerk of petty sessions shall, as soon as practicable, after the determination of an application under paragraph (1), notify the parties of the decision in Form 126. Appeal against decision to discharge an investigation anonymity order 169 1 A notice of appeal against the decision of the court in respect of an application under section 80 shall— a be made in writing, setting out the grounds of appeal; and b be lodged with the clerk of petty sessions within 14 days of the date on which the decision which is the subject of the appeal was made. 2 The appellant shall serve a copy of the notice under paragraph (1) on any party notified of the application to discharge under rule 168(2). Hearings 170 A hearing under section 77 or an appeal under sections 79 and 80(6) shall be in private, unless the court otherwise directs.] [ Application for the closure of licensed premises and premises of registered clubs 171 1 An application under Article 41A of the Registration of Clubs (Northern Ireland) Order 1996 or Article 69A of the Licensing (Northern Ireland) Order 1996 shall be made in writing and shall specify— a the name and address of the premises in respect of which the order is sought; b the grounds for seeking the order, in particular details of the disorder or expected disorder; c the period for which the order is sought, and shall attach any relevant evidence. 2 The application under paragraph (1) shall be served by the applicant on the clerk of petty sessions. 3 Where a hearing is directed, the clerk of petty sessions shall fix a date for the hearing of the application and notify the applicant of the time and place of the hearing. 4 The clerk of petty sessions shall, as soon as practicable, after the determination of a hearing under paragraph (3), notify the applicant of the decision. Consideration and extension of a closure order 172 1 An application for the consideration and extension of a closure order under Article 41E of the Registration of Clubs (Northern Ireland) Order 1996, or Article 69E of the Licensing (Northern Ireland) Order 1996, shall be made in Form 127 and shall attach a copy of the closure order which is currently in force in respect of the premises. 2 The application under paragraph (1) shall be served by the applicant on the clerk of petty sessions and on every other party to the proceedings. 3 Any party on whom an application is served in accordance with paragraph (2) may oppose the application. 4 Any party who wishes to oppose the application shall, as soon as reasonably practicable after the application is served on him, and in any event at least 24 hours before the date fixed for the hearing of the application, notify the applicant and the clerk of petty sessions in writing of his opposition and give reasons. 5 The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties to the proceedings of the decision of the court. Appeal against a decision in respect of a closure order 173 1 A notice of appeal against a decision of the court in respect of an application under Article 41E of the Registration of Clubs (Northern Ireland) Order 1996 or Article 69E of the Licensing (Northern Ireland) Order 1996 shall be— a made in writing, setting out the grounds of appeal; and b served by the appellant on all parties to the proceedings.] [ Application for access to premises under section 94(1) of the Justice Act (Northern Ireland) 2015 174 1 In this rule— “ applicant” means a person making an application under section 94(1) of the Justice Act (Northern Ireland) 2015 and “application ” shall be construed accordingly; “ interested person ” means any person other than the occupier appearing to the court to have an interest in an application made under section 94(1) of the Justice Act (Northern Ireland) 2015; and “ PPS ” means the Public Prosecution Service for Northern Ireland. 2 An application under section 94(1) of the Justice Act (Northern Ireland) 2015 shall be made by serving notice in Form 128 on the clerk of petty sessions and at the same time, the applicant shall serve a copy thereof on— a the occupier of the premises; and b the PPS. 3 Where it appears to the court that there is an interested person, unless the court directs otherwise, that person shall be served forthwith by the applicant with notice of the application. 4 Where— a an occupier or an interested person wishes to make representations to the court as to the conditions to be imposed under section 94(7); or b the PPS wishes to oppose an application, notice in writing, giving reasons, shall be given to the clerk of the petty sessions and the applicant within 7 days of service of the notice under paragraph (2). 5 Except where notice is received in accordance with paragraph (4), the court may— a determine the application in favour of the applicant without a hearing; or b direct a hearing. 6 Where notice is received in accordance with paragraph (4), the clerk of petty sessions shall fix a date for hearing of the application. 7 Where a hearing of the application is to take place in accordance with paragraphs (5) or (6), the clerk of petty sessions shall notify the applicant and every person served under paragraphs (2) and (3) of the time and place of the hearing. 8 The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application, serve a copy of the order on the applicant and every person served under paragraphs (2) and (3). 9 The court may, if it considers that it is in the interests of justice to do so— a allow a notice required by this rule to be given orally; b abridge or extend the time for service of a notice required by this rule, either before or after that time expires; or c dispense with the requirement for service of a notice required by this rule.] Hailsham of St. Marylebone. C Dated 26th June 1984