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Statutory Rules of Northern Ireland
MAGISTRATES' COURTS
Made
7th January 1999
Coming into operation
31st January 1999
The Lord Chancellor, in exercise of the powers conferred on him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981(1) and 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:—
1.—(1) These Rules may be cited as the Magistrates' Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999 and shall come into operation on 31st January 1999.
(2) In these Rules—
“court” means in Parts II, III and IV a youth court constituted in accordance with Schedule 2 of the Children and Young Persons Act (Northern Ireland) 1968(2), and in Part V a court of summary jurisdiction, whether a youth court or not;
“Order Book” means the Order Book kept for the youth court pursuant to Rule 17;
“the 1968 Act” means the Children and Young Persons Act (Northern Ireland) 1968;
“the Order” means the Criminal Justice (Children) (Northern Ireland) Order 1998(3);
“the principal Rules” means the Magistrates' Courts Rules (Northern Ireland) 1984(4);
(3) Expressions used in these Rules which are also used in the Order shall be construed in the same way as in that Order.
2.—(1) Subject to paragraph (2), the Rules specified in Schedule 2 are hereby revoked to the extent specified in the third column of that Schedule.
(2) The Rules specified in Schedule 2 shall continue to apply to any of the following orders made under the 1968 Act which are in force, in relation to any person, on the 31st January 1999—
(a)a supervision order;
(b)a training school order; or
(c)an order committing a person to the care of a fit person.
3.—(1) Subject to paragraphs (3) and (4), this Part applies where proceedings to which paragraph (2) applies are brought in a court in respect of a child.
(2) This paragraph applies to proceedings in which the child is charged with an offence, and, where he appears or is brought before the court, to proceedings under—
(a)Article 38 of the Order (discharge, revocation or variation of attendance centre orders);
(b)Article 41 of the Order (breach of supervision requirements of juvenile justice centre order);
(c)Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996(5) (breaches of requirements of, revocation and amendment of, community orders);
(d)Article 54 of the Order (escapes from juvenile justice centres); or
(e)Paragraph 6 of Schedule 2 to the Order (transfer to young offenders centre).
(3) Where proceedings are of a kind mentioned in paragraph (2), Rules 6 and 12 shall not apply.
(4) Where the court is conducting a preliminary investigation or inquiry, only Rules 4, 5 and 7(3) shall apply.
4.—(1) The court shall, except where the child is legally represented, allow his parent or guardian to assist him in conducting his defence, including the cross-examination of witnesses for the prosecution.
(2) Where the parent or guardian cannot be found or cannot in the opinion of the court reasonably be required to attend, the court may allow any relative or other responsible person to take the place of the parent or guardian for the purposes of this Part and any reference therein to the parent or guardian shall be taken as a reference to such person.
5.—(1) The court shall explain to the child the nature of the proceedings and, where he is charged with an offence, the substance of the charge.
(2) The explanation shall be given in simple language suitable to the child’s age and understanding.
6. Subject to the provisions of Article 17 of the Order and to Rule 9, the court shall, after giving an explanation of the charge as required by Rule 4, ask the child whether he admits the charge and where he does so, the court at any time before recording a finding of guilt may allow or advise him to plead not guilty thereto.
7.—(1) Where—
(a)the child is charged with an offence and does not admit the charge; or
(b)the proceedings are of a kind mentioned in Rule 3(2),
the court shall hear the evidence of the witnesses in support of the charge or, as the case may be, the application.
(2) Except where—
(a)the proceedings are of a kind mentioned in Rule 3(2); and
(b)the child is the applicant,
each witness may at the close of his evidence-in-chief be cross-examined by or on behalf of the child.
(3) If in any case where the child is not legally represented or assisted in his defence as provided by Rule 4, the child, instead of asking questions by way of cross-examination, makes assertions, the court shall then put to the witness such questions as it thinks necessary on behalf of the child and may for this purpose question the child in order to bring out or clear up any point arising out of any such assertions.
8. If it appears to the court, after hearing the evidence in support of the charge or application, that a prima facie case is made out, the child shall, if he is not the applicant and is not legally represented, be told that he may give evidence or address the court, and the evidence of any witnesses shall be heard.
9.—(1) Subject to paragraph (2) nothing in these Rules shall affect the provisions of Article 17(3), (4), (5) and (6) of the Order as to the procedure to be adopted where the court decides to deal summarily with an indictable offence under Article 17(1) of the Order.
(2) In order to ascertain that the prosecution consents in accordance with Article 17(1)(c) of the Order to the court’s dealing summarily with the offence, the court shall ask the prosecution expressly whether it so consents before proceeding to comply with Article 17(3) and (4) of the Order.
(3) Paragraphs (1), (2) and (3) of Rule 45 of the principal Rules shall apply in relation to offences authorised to be dealt with summarily under Article 17(1) of the Order.
10.—(1) This Rule applies where—
(a)a court is dealing with a child found guilty of an offence, whether after a plea of guilty or otherwise, or whose case has been remitted to it under Article 32 of the Order; or
(b)in proceedings of a kind mentioned in Rule 3(2), the court is satisfied that the case for the applicant—
(i)if the child is not the applicant, has been made out; or
(ii)if the child is the applicant, has not been made out.
(2) Where this Rule applies—
(a)the court shall give the child and his parent or guardian, if present, an opportunity of making a statement;
(b)the court shall obtain such information as to the general conduct, home surroundings, school record and medical history of the child and, in particular, shall take into consideration such information as aforesaid which is provided in pursuance of Article 11 of the Order;
(c)if such information as aforesaid is not fully available, the court shall consider the desirability of adjourning the proceedings for such enquiry as may be necessary;
(d)any written report of a probation officer, appropriate authority, or registered medical practitioner may be received and considered by the court without being read aloud; but—
(i)the child shall be told the substance of any part of the report bearing on his character or conduct which the court considers to be material to the manner in which he should be dealt with;
(ii)the parent or guardian, if present, shall be told the substance of any part of the report which the court considers to be material as aforesaid and which has reference to the character or conduct of the parent or guardian, or the character, conduct, home surroundings, or health of the child; and
(iii)if the child or his parent or guardian, having been told the substance of any part of any such report, desires to produce evidence with reference thereto, the court, if it thinks that the evidence may be material, shall adjourn the proceedings for the production of further evidence, and shall, if necessary, require the attendance at the adjourned hearing of the person who made the report; and
(e)if the court considers it necessary in the interests of the child it may require the parent or guardian or the child, as the case may be, to withdraw from the court.
11.—(1) The court shall, unless it thinks it undesirable to do so, inform the parent or guardian, if present, or any person assisting him in his case, of the manner in which it proposes to deal with the child and allow any of those persons so informed to make representations.
(2) On making any order, the court shall explain the general nature and effect of the order unless it thinks it undesirable to do so.
12. Where a child has been remanded, and the period of remand is extended in his absence in accordance with Article 31 of the Order, notice in Form No. 10 in the Schedule shall be given to him, to his parent or guardian and his sureties (if any) of the date at which he will be required to appear before the court.
13. Nothing in these Rules shall affect the provisions of Part V of the Magistrates' Courts (Northern Ireland) Order 1981 relating to the preliminary investigation or preliminary inquiry of an indictable offence and, accordingly, Rules 25-42 and Rule 51(2) of the principal Rules shall apply to such investigation or, as the case may be, to such inquiry conducted by a youth court.
14. Nothing in these Rules shall affect the right of a child apparently over the age of 14 to claim trial by jury under Article 29 of the Magistrates' Courts (Northern Ireland) Order 1981 and, accordingly, Rule 24 of the principal Rules shall apply where a child over the age of 14 is charged with an offence to which that Article applies.
15. Rule 149A of the principal Rules shall apply to any application made to the court under Article 81(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989(6).
16.—(1) Rule 149AA of the principal Rules shall apply to any application made to the court under Article 81A(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989.
17.—(1) Such part of the Order Book required to be kept under Rule 19 of the principal Rules as relates to the proceedings of the youth court shall be kept in a separate book.
(2) Where a court makes a statement under Article 13(1), (2) or Article 39(4) of the Order, it shall cause that statement to be entered in the Order Book.
18. Where a child is brought before a court in any proceedings against him or for any other reason, a summons or warrant may be issued to enforce the attendance of a parent or guardian in accordance with Article 15 of the Order, in the same manner as if a complaint were made upon which a summons or warrant could be issued against a defendant under Part V of the Magistrates' Courts (Northern Ireland) Order 1981 and a summons to the child may include a summons to the parent or guardian to enforce his attendance as aforesaid.
19.—(1) Where a child is ordered under Article 37 of the Order to attend at an attendance centre in default of payment of a sum of money, payment may be made—
(a)of the whole of the said sum, to the clerk of petty sessions for the petty sessions district in which the order was made, at any time before the clerk in accordance with Article 37(8) of the Order serves a copy of the order on the officer in charge of the centre;
(b)of the whole, or subject to the restriction in paragraph (2), any part of the said sum, to the officer in charge of the centre specified in the order, at any time after such copy has been served on such officer.
(2) No sum tendered in part payment under paragraph (1) need be accepted unless it is an amount required to secure a reduction of one hour, or some multiple thereof, in the period of attendance specified in the order.
(3) The officer in charge of the centre shall, as soon as practicable, pay any money received by him under paragraph (1) to the clerk of petty sessions for the petty sessions district in which the order was made, and shall note the receipt and payment and date thereof in the register kept at the attendance centre.
20. Every order under Article 37 of the Order that a child attend at an attendance centre shall be signed by a resident magistrate or by the clerk of petty sessions.
21.—(1) Any summons or warrant issued under Article 41 of the Order shall direct the offender to appear or be brought before a youth court acting for the petty sessions district in which the offender resides.
(2) Where a court of summary jurisdiction revokes, or increases the period of detention of a juvenile justice centre 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) Where a court of summary jurisdiction revokes, or increases the period of detention of a juvenile justice centre order which was not made by that court, the clerk of petty sessions shall—
(a)if the juvenile justice centre order was made by another court of summary jurisdiction, send a copy of the relevant entry in the Order Book to the clerk of petty sessions for that district; or
(b)if the juvenile justice centre order was made by the Crown Court, send a copy of the relevant entry in the Order Book to the chief clerk for the appropriate county court division.
(4) The clerk of petty sessions to whom notice under paragraph (3) is given, shall note the details given in the Order Book, opposite the entry relating to the making of the relevant juvenile justice centre order.
(5) In this Rule, “appropriate county court division” means the county court division in which is located the place at which the Crown Court sat when the juvenile justice centre order was made.
22. The Forms in Schedule 1, or forms to the like effect, shall be used in proceedings to which the Order applies and in accordance with these Rules.
Irvine of Lairg, C.
Dated 7th January 1999
Rule 22
Process Preliminary to Hearing
1.Summons to child, or to parent or guardian or both.
2.Summons for attendance of parent or guardian of child.
3.Warrant for arrest of child.
4.Bail endorsement on Warrant of Arrest.
5.Warrant to compel attendance of parent/guardian.
6.Notice to Parent or Guardian.
Adjournment and Remand
7.Warrant of commitment on remand to Young Offenders Centre of child aged 15 or over.
8.Warrant of commitment on remand to Juvenile Justice Centre.
9.Warrant of commitment where remand period of obtaining information extended in defendant’s absence.
10.Notice of extended remand for obtaining information.
Committal for Trial
11.Warrant of commitment for trial of child aged 15 or over to Young Offenders Centre.
12.Warrant of commitment for trial to Juvenile Justice Centre.
Warrants of Commitment
13.Warrant of commitment of [parents] [guardian] of child: non-payment of a sum of money.
14.Warrant of commitment to Young Offenders Centre of child aged 16 in default.
Recognizances
15.Recognizance (Constabulary) to appear before a [Youth] [Magistrates'] court.
16.Recognizance by child for appearance before youth court on remand.
17.Recognizance by [parent] [guardian] for good behaviour of child.
18.Recognizance by [parent] [guardian] for compliance by child with Attendance Centre order.
Juvenile Justice centre order
19.Juvenile Justice Centre Order.
20.Summons to child for failure to comply with requirement(s) of Juvenile Justice Centre order.
21.Warrant of arrest on failure to comply with requirement(s) of Juvenile Justice Centre order.
22.[Warrant of commitment] [Order] on failure to comply with requirement(s) of Juvenile Justice Centre order.
23.Order to revoke a Juvenile Justice Centre order on a subsequent conviction.
24.Order for increase in period of detention in Juvenile Justice Centre made after escape.
25.Summons to produce child ordered to be sent to Juvenile Justice Centre.
26.Order transferring from Juvenile Justice Centre to Young Offenders Centre.
Attendance Centre Order
27.Attendance Centre Order.
28.Attendance Centre Order: failure to comply with requirement(s) of [probation] [community service] [combination] order.
29.Attendance Centre Order: non-payment of a sum of money.
30.Order to [discharge] [vary] an Attendance Centre Order.
31.Order to revoke an Attendance Centre Order on subsequent conviction.
32.Summons on failure to comply with Attendance Centre Order or on breach of Attendance Centre Rules.
33.Warrant of arrest on failure to comply with Attendance Centre Order or on breach of Attendance Centre Rules.
34.Order on failure to comply with Attendance Centre Order or on breach of Attendance Centre Rules.
Remittal to Youth Court
35.Certificate of order of youth court.
36.Recognizance by child for appearance before youth court to which case remitted.
37.Warrant of commitment on remittal of case by magistrates' court to youth court.
38.Consent to bail.
Remittal to Youth Court for Trial
39.Order remitting to youth court for trial.
40.Recognizance by child for appearance before youth court to which case remitted for trial.
41.Warrant of commitment on remittal of case by magistrates' court to youth court for trial.
Rule 2
Title | References | Extent of Revocation |
---|---|---|
Magistrates' Courts (Children and Young Persons) Rules (Northern Ireland) 1969 | S.R.1969 No. 221 | The whole Rules |
Magistrates' Courts (Children and Young Persons)(Amendment) Rules (Northern Ireland) 1971 | S.R.1971 No. 179 | The whole Rules |
Magistrates' Courts (Children and Young Persons) (Amendment) Rules (Northern Ireland) 1973 | S.R.1973 No. 346 | The whole Rules |
Magistrates' Courts (Children and Young Persons) (Amendment) Rules (Northern Ireland) 1977 | S.R.1977 No. 172 | The whole Rules |
Magistrates' Courts (Amendment) Rules (Northern Ireland) 1996 | S.R.1996 No. 126 | Rules 6 and 7 |
Magistrates' Courts (Children and Young Persons) (Amendment) Rules (Northern Ireland) 1996 | S.R.1996 No. 325 | The whole Rules |
Magistrates' Courts (Children and Young Persons) (Amendment) Rules (Northern Ireland) 1997 | S.R.1997 No. 530 | The whole Rules |
(This note is not part of the Rules.)
These Rules revoke and re-enact with amendments the Magistrates' Courts (Children and Young Persons) Rules (Northern Ireland) 1969 in order to take account of the Criminal Justice (Children) (Northern Ireland) Order 1998.
S.R. 1984 No. 225; to which the most recent relevant amendments have been made by S.R. 1989 No. 422, S.R. 1990 No. 426, S.R. 1994 No. 387 and S.R. 1996 No. 126
S.I. 1989/1341 (N.I. 12); to which the most recent relevant amendments were made by S.I. 1995/757 (N.I. 3) and S.I. 1998/1504 (N.I. 9)
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