The Magistrates' Courts (Children’s Evidence) (Notices of Transfer) Rules (Northern Ireland) 1996

Made: 27th March 1996

Coming into operation: 8th April 1996

The Lord Chancellor, in exercise of the powers conferred upon him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981[^f00001] and of all other powers enabling him in that behalf, on the advice of the Magistrates' Courts Rules Committee and after consultation with the Lord Chief Justice, hereby makes the following Rules:—

Citation and commencement

1

These Rules may be cited as the Magistrates' Courts (Children’s Evidence) (Notices of Transfer) Rules (Northern Ireland) 1996 and shall come into operation on 8th April 1996.

Interpretation

2

• (1) In these Rules—

• “the Order” means the Children’s Evidence (Northern Ireland) Order 1995[^f00002] and a reference to an Article or Schedule by number is a reference to the Article or Schedule so numbered in the Order;

• “notice of transfer” means a notice referred to in Article 4(1).

• (2) Any reference in these Rules to a form by number is a reference to that form so numbered in the Schedule to these Rules.

Transfer in custody

3

Where a magistrates' court, in exercise of the power conferred by paragraph 2(1) of Schedule 1, orders a person to be kept in custody, a warrant of commitment in Form 1 shall be issued.

Notification of enlargement of recognizance

4

Where a magistrates' court, in exercise of the power conferred by paragraph 2(5)(b) of Schedule 1 enlarges, in a surety’s absence, a recognizance conditioned in accordance with Article 47(1)(b) or 48 of the Magistrates' Courts (Northern Ireland) Order 1981, the clerk of petty sessions shall notify the surety of the decision of the court and inform him that he is bound to secure that the person charged appears before the Crown Court.

Documents to be sent to Crown Court

5

As soon as practicable and in any event within 7 days after a magistrates' court to which a notice of transfer has been given has discharged the functions reserved to it under Article 4(3), the clerk of petty sessions shall send to the chief clerk of the Crown Court—

• (a) the complaint, if it is in writing;

• (b) any recognizance entered into by any person in connection with the proceedings, together with a note of any enlargement thereof;

• (c) any documents or exhibits produced in evidence before the court which have been retained by him;

• (d) a copy of any criminal legal aid certificate granted by the court.

SCHEDULE

Form 1

Children’s Evidence (Northern Ireland) Order 1995 (Article 4; Schedule 1

Rule 3

Signed

Mackay of Clashfern, C. — Dated 27th March 1996.

Explanatory note

(This note is not part of the Rules.)

These Rules provide for the procedure to be followed in magistrates' courts where a notice of transfer is given under Article 4(1) of the Children’s Evidence (Northern Ireland) Order 1995 which comes into operation on 8th April 1996.

Rule 3 provides that where a magistrates' court has ordered that a person, to whom a notice of transfer relates, be kept in custody, a warrant of commitment (in Form 1) shall be issued.

Rule 4 provides that where a recognizance is enlarged in a surety’s absence the clerk of petty sessions shall inform the surety of the court’s decision.

Rule 5 provides for certain documents to be sent to the Crown Court by the magistrates' court to which a notice of transfer has been given.

Footnotes

[^f00001]: S.I. 1981/1675 (N.I. 26)

[^f00002]: S.I. 1995/757 (N.I. 3)