The Magistrates' Courts (Amendment No. 2) Rules (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Magistrates' Courts Rules (Northern Ireland) 1984 (“the principal Rules”) to:

• provide for the service of a summons in cases prosecuted by the Director of Public Prosecutions (Rule 2(1) to (4)); and

• substitute a new Form of recognizance to keep the peace and / or be of good behaviour. The new form details the particular behaviours from which the party to the recognizance is to refrain (Rule 2(11).

These Rules also make provision relating to Part II (Special measures directions in case of vulnerable and intimidated witnesses), Part III (Protection of witnesses from cross-examination by accused in person) and Part IV (Protection of complainants in proceedings for sexual offences) of the Criminal Evidence (Northern Ireland) Order 1999 (“the 1999 Order”); and

Rule 2(5) revokes Rule 149A of the principal Rules, which is no longer required as an application to use television links where a witness will not give evidence otherwise through fear will be dealt with as an application for a special measures direction, the procedure for which is prescribed in Rule 149AA.

Paragraphs (6) to (9) of Rule 2 make a number of minor amendments to the principal Rules to take account of the extension of Part 2 of the 1999 Order to vulnerable and intimidated adult witnesses in committal proceedings before magistrates' courts.

Rule 2(10) inserts new Rules 149AI to 149AM into the principal Rules.

New Rule 149AI provides for an application by a prosecutor for a direction under Article 24 of the 1999 Order preventing a defendant from cross-examining a witness in person.

New Rule 149AJ prescribes the time when, and the manner in which, a legal representative is to be appointed to act for the defendant for the purpose of cross-examining any witness whom the defendant is prevented from cross-examining in person by virtue of Article 22, 23 or 24 of the 1999 Order.

New Rule 149AK provides for the procedure to be followed when the court appoints a qualified legal representative where the defendant fails to appoint a legal representative to act for him. New Rule 149AL details the procedures where the defendant subsequently arranges for a legal representative to act for him.

New Rule 149AM provides for the procedure to be followed on an application for leave under Article 28(2) of the 1999 Order, to introduce evidence or to ask questions in cross-examination about the sexual behaviour of the complainant, in criminal proceedings relating to a person charged with a sexual offence.

Rule 2(11) amends Schedule 1 to the principal Rules, by:

• deleting Form 15A;

• substituting for Form 15B, the new Form 15B in the Schedule to these Rules;

• inserting after Form 15C, the new Forms 15D to 15L in the Schedule to these Rules; and

• substituting for Form 93, the new Form 93 in the Schedule to these Rules.