2005 No. 162
MAGISTRATES' COURTS
The Magistrates' Courts (Amendment) Rules (Northern Ireland) 2005
Made 22nd March 2005
Coming into operation 18th April 2005

The Lord Chancellor in exercise of the powers conferred upon him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981, Articles 16 and 35 of the Criminal Justice (Evidence) (Northern Ireland) Order 2004, 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:
S.I. 1981/1675 (N.I. 26)
S.I. 2004/1501 (N.I. 10)

1 Citation, commencement and interpretation
1 These Rules may be cited as the Magistrates' Courts (Amendment) Rules (Northern Ireland) 2005 and shall come into operation on 18th April 2005.
2 In these Rules, a reference to a Rule, Schedule or a Form by a number means the Rule, Schedule or Form so numbered in the Magistrates' Courts Rules (Northern Ireland) 1984.
S.R. 1984 No. 225; to which the most recent relevant amendments were made by S.R. 2004 No. 299 and S.R. 2004 No. 433

2 Amendment to the principal Rules
1 Rule 2(3) shall be amended by inserting after the definition of “the 1999 Act”, the following definition:

“(e) “the 2004 Order” means the Criminal Justice (Evidence) (Northern Ireland) Order 2004;”

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2 After Rule 149AQ there shall be inserted the following new Rules –

“149AR Procedure for the admission of evidence of bad character
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 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
1996 c. 25; section 3 was amended by section 82(1) of and paragraph 7(1) of Schedule 4 to the Regulation of Investigatory Powers Act 2000 (c. 23) and is prospectively amended by section 32 of, and paragraphs 20 and 21 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44)
(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.
3 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.
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 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.
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 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.
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.

149AS Procedure for the admission of hearsay evidence
1 This Rule shall apply where a party wishes to adduce 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 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).
4 A defendant who wants to adduce hearsay evidence shall give notice in Form 88E.
5 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.
6 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.
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.”

3 Schedule 1 shall be amended by inserting after Form 88, the new Forms 88A to 88F in the Schedule to these Rules.
Signed by authority of the Lord Chancellor
Baroness Ashton of Upholland Parliamentary Under-Secretary of State, Department for Constitutional Affairs Dated 22nd March 2005

SCHEDULE FORMS TO BE INSERTED IN THE MAGISTRATES' COURTS RULES (NORTHERN IRELAND) 1984
Rule 2(3)

FORM 88A MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981 (Rules 149AR(1))
CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004 (Article 5)
Application for leave to adduce evidence of non-defendant’s bad character

FORM 88B MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981 (Rule 149AR(3))
CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004 (Article 5)
Notice of opposition to the admission of evidence of a non-defendant’s bad character

FORM 88C MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981 (Rules 149AR(4) and (6))
CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004 (Article 6)
Notice of intention to adduce evidence of defendant’s bad character

FORM 88D MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981 (Rule 149AR(8))
CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004 (Article 6)
Application to exclude evidence of defendant’s bad character

FORM 88E MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981 (Rule 149AS(2) and (4))
CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004 (Article 18)
Notice of intention to adduce hearsay evidence

FORM 88F MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981 (Rule 149AS(6))
CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004 (Article 18)
Notice of opposition to the admission of hearsay evidence

(This note is not part of the Rules.)
These Rules amend the Magistrates' Courts Rules (Northern Ireland) Rules 1984 (“the principal Rules”) to prescribe the procedure relating to –
applications to adduce bad character evidence under Part II of the Criminal Justice (Evidence) (Northern Ireland) Order 2004; and
notice of intention to adduce hearsay evidence under Part III of that Order.
Rule 2(2) inserts a new Rule 149AR, which prescribes the procedure to be followed on an application to:
adduce evidence of the bad character of persons other than the defendant or to cross examine a witness with a view to eliciting such evidence (new Rules 149AR(1) and (2));
oppose the admission of evidence of the bad character of persons other than the defendant (new Rule 149AR(3));
adduce evidence of a defendant’s bad character or to cross examine a witness with a view to eliciting such evidence (new Rules 149AR(4) to (7));
exclude evidence of a defendant’s bad character (new Rule 149AR(8)).
New Rule 149AR(9) provides that the defendant may waive service of any application or notice. The court may also allow a notice or application to be given in a different form or orally, and may abridge or extend any of the time limits (new Rule 149AR(10)).
Rule 2(2) also inserts a new Rule 149AS, which prescribes the procedure to be followed on an application to:
adduce hearsay evidence (new Rules 149AS(1) to (5)); and
oppose the admission of hearsay evidence (new Rule 149AS(6)).
New Rule 149AS(7) provides that a party may waive service of any application or notice.
New Rule 149AS(8) provides that the court may dispense with the requirement to give notice, may allow a notice or application to be given in a different form or orally and may abridge or extend any of the time limits for service of a notice under new Rule 149AS.
Rule 2(3) amends Schedule 1 to the principal Rules by inserting new Forms 88A to 88F for use in connection with applications prescribed by these Rules.