The Rules of the Court of Judicature (Northern Ireland) (Amendment No.3) 2012

Made: 30th November 2012

Coming into operation: 1st January 2013

The Northern Ireland Court of Judicature Rules Committee[^f00001] makes the following Rules in exercise of the powers conferred by sections 55 and 55A of the Judicature (Northern Ireland) Act 1978[^f00002].

Citation and Commencement

1

These Rules may be cited as the Rules of the Court of Judicature (Northern Ireland) (Amendment No.3) 2012 and come into operation on 1st January 2013.

Amendments to the Rules of the Court of Judicature (Northern Ireland) 1980

2

In Order 79—

• (1) In rule 11, omit, “, including bail under section 91 of the Justice Act (Northern Ireland) 2011,”; and

• (2) After rule 11, insert—

(11A) Where an application by the prosecutor or a surety for the review of an order under section 91 of the Justice Act (Northern Ireland) 2011 (power of a magistrates’ court to grant bail on compassionate grounds), the High Court decides to exercise its jurisdiction, the Court may, if it appears to it any of the grounds mentioned in rule 11 paragraphs (a) to (c) are satisfied, order that the person released on bail on foot of the order be recommitted to custody and issue a warrant for his arrest .

Signed

Declan Morgan — F P Girvan — Bernard McCloskey — Ian Wimpress — Anthony Caher — Dated 27th November 2012

In exercise of the powers conferred by section 55A(3) of the Judicature (Northern Ireland) Act 1978, I allow these Rules.

SealedwiththeOfficialSealoftheDepartmentofJusticeon30thNovember2012

David Ford — Minister of Justice

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Rules of the Court of Judicature (Northern Ireland) 1980 [S.R. 1980 No.346] to make it clear that the High Court may, where it decides to exercise its jurisdiction, enforce a breach of bail granted by the magistrates’ courts under section 91 of the Justice Act (Northern Ireland) 2011.

Footnotes

[^f00001]: The Northern Ireland Supreme Court Rules Committee was renamed the Northern Ireland Court of Judicature Rules Committee in accordance with section 59(3) of the Constitutional Reform Act 2005 (c.4).

[^f00002]: 1978 c.23; to which the most recent relevant amendments were made by paragraphs 29 and 30 of Schedule 5 to the Constitutional Reform Act 2005 (c.4).

[^f00003]: 1980 No.346 to which the most recent relevant amendment was made by S.R. 2012 No.272.