Magistrates' Courts Rules (Northern Ireland) 1984

• (2) Where a proceeding is dismissed under this Rule, the court may order that any costs awarded on the dismiss, and which the plaintiff is liable to pay, shall be recovered by way of recoupment by the plaintiff from the defendant or defendants against whom an order is made, in addition to the plaintiff's costs of the order.

Dismiss

74

Where the court dismisses a claim upon the merits or without prejudice to a further claim in the same matter, the court shall so state by its formal order and the entry of the words “Dismissed on the Merits” or, as the case may be, “Dismissed Without Prejudice” in the appropriate Process Register shall be a sufficient record of the order.

Procedure where previous dismiss is produced

75

Where in a proceeding a defendant produces a dismiss without prejudice obtained by him against the plaintiff for the same cause of action, the plaintiff shall not be at liberty to proceed until he has paid to, or satisfied the defendant for the amount for costs shown in such dismiss.

Where process not entered by plaintiff it may be entered on application of defendant

76

• (1) Where a process which has been duly served has not been entered or re-entered for hearing by the plaintiff or his solicitor, the defendant or his solicitor may, on the day of the hearing, lodge in court the copy served on the defendant and apply to have it entered or re-entered as the case may be.

• (2) Upon such an application the court may order the process to be entered or re-entered and dismiss the claim without prejudice to a further claim in the same matter, with costs.

Preparation of forms in debt or ejectment proceedings

77

• (1) The party who brings the proceedings, or his solicitor, shall be responsible for the preparation of the process and all copies required for service.

• (2) The party in whose favour an order is made in a proceeding, or his solicitor, shall be responsible for the preparation of the formal order to be issued by the court.

• (3) The proper officer for the purposes of Article 116(3) of the Judgments Enforcement (Northern Ireland) Order 1981 shall be the clerk of petty sessions and, when an attachment of earnings order under Article 99 or an enforcement order or a committal order under Article 107 of that Order is lodged with the clerk, a duplicate of the formal order shall be attached thereto which, when signed in accordance with Rule 79(1), shall be transmitted to the Enforcement of Judgments Office in accordance with the said Article 116(3).

Disposal of process

78

• (1) A plaintiff in whose favour an order has been made shall lodge the original process with the clerk of petty sessions when the form of the formal order is handed to the clerk who shall return the process to the plaintiff or his solicitor together with the formal order.

• (2) Where a process has been entered or re-entered by the plaintiff for hearing and upon the hearing the court orders a dismiss, the defendant or his solicitor shall lodge the copy of the process served on him with the clerk of petty sessions when the form of the formal order is handed to the clerk who shall return it to the defendant or his solicitor together with the formal order.

• (3) A copy process entered or re-entered by the defendant or his solicitor in accordance with Rule 76 and in respect of which a dismiss without prejudice with costs has been obtained, may be returned to the defendant or his solicitor for the purpose of preparing the formal order and shall otherwise be dealt with as an original process under paragraph (1).

Signing of formal orders in debt or ejectment proceedings

79

• (1) A formal order issued by the court shall be signed by the resident magistrate who made the order or by some other resident magistrate or by the clerk of petty sessions.

• (2) A formal order shall be deemed to be issued on the earliest day it may lawfully be issued whether or not in fact it is actually issued on that day and such day shall be entered on the formal order as the date of issue.

Transfer of proceedings to county court

80

Where the court orders proceedings to be transferred to the county court under Article 75 of the Order it shall cause the clerk of petty sessions to transmit forthwith the original process and any notice of set-off or counterclaim or other document lodged in court in relation to the matter, together with a statement of the reasons for the transfer, to the county court, and, at the same time, to send all parties to the proceeding notice in writing of the transfer.

Enlargement or abridgement of times

81

The court may, upon such terms as it thinks fit, enlarge or abridge any of the times fixed by these Rules for taking any step or doing an act in debt or ejectment proceedings, or declare any step taken or act done to be sufficient even though not taken or done within the time or manner prescribed by the Rules.

Effect of non-compliance with Rules

82

• (1) Non-compliance with any of the Rules in this Part shall not render any proceeding void, but, in case of such non-compliance, the court may direct that the proceeding be treated as void, or that it may be set aside in part as irregular, or that it be amended or otherwise dealt with in such manner or upon such terms as the court thinks fit.

• (2) The clerk of petty sessions shall make a note of any ruling under paragraph (1) in the appropriate Process Register.

• (3) When the court directs that the proceeding be treated as void, it shall have power to award, if it thinks fit, such costs as it could have awarded if it had dismissed the proceeding.

Claims for rent joined under Article 72(3) of the Order with claims in ejectment

83

In a proceeding in which a claim for rent or sums due under Article 69 of the Order is joined to a claim for the recovery of premises in accordance with Article 72(3) of the Order so much of Rules 85 to 90 as is applicable shall have effect in relation to the proceeding.

B. RULES APPLICABLE TO DEBT PROCEEDINGS

Contents of process in debt proceedings

84

• (1) A process issued in debt proceedings shall set forth the full name and address of the plaintiff and of the defendant, the nature and amount of the claim and reasonable particulars thereof.

• (2) Where an amount is abandoned under Article 64 of the Order in order to bring the sum claimed within the jurisdiction of a court of summary jurisdiction, there shall be inserted in the process a statement of the fact of such abandonment after the particulars of claim.

• (3) Two or more causes of action may be joined in the same process, provided that the amount claimed in respect of each such cause be stated in the particulars of claim and, except in cases to which Article 62(2) of the Order applies; the total amount does not exceed £100.

• (4) In a proceeding brought for a sum exceeding £100 the process shall state the enactment declaring such sum to be a debt or civil debt recoverable summarily.

• (5) In a proceeding on a bill of exchange, promissory note, or other security for money, the process shall state the date of such security, the sum for which it was given, the parties thereto, the sums claimed to be due thereon for principal and interest respectively, and the times at which such sums respectively became due and payable.

• (6) In a proceeding for rent, or for use and occupation, the process shall state the amount claimed, the time up to which the amount is alleged to be due and the situation of the lands or premises in respect of which the claim is made, and when brought upon a lease or other instrument, the date thereof and the parties thereto respectively.

• (7) In a proceeding brought by an assignee of a debt, the process shall state the name and the description of the assignor, and the nature and date of the assignment.

• (8) In a proceeding brought upon any written document not mentioned before in this Rule, the process shall state the date and nature of the document, and the parties thereto.

Set-off or counterclaim

85

• (1) Where a defendant desires to set-off any sum, or to make any counterclaim, he shall give to the plaintiff notice in writing specifying the amount of the set-off or counterclaim and giving reasonable particulars thereof at least six days before the hearing, and shall also at least two days before the hearing lodge a copy of such notice with the clerk of petty sessions.

• (2) Where an amount is abandoned under Article 64 of the Order in order to bring the sum specified in the notice of set-off or counterclaim within the jurisdiction of a court of summary jurisdiction there shall be inserted in the said notice a statement of the fact of such abandonment after the particulars of the set-off or counterclaim.

Details of claim, set-off or counterclaim may be demanded

86

• (1) A defendant who desires to be supplied with further or detailed particulars of a claim made against him in a process or a plaintiff who desires similar particulars of a set-off or counterclaim may give written notice demanding such particulars.

• (2) A notice under this Rule shall be given at least four days before the date of hearing.

• (3) Where particulars have not been furnished in compliance with this Rule the court may either proceed with the hearing or may, upon such terms as it thinks fit, adjourn the case and order such particulars to be delivered.

Order where debt paid before hearing

87

• (1) Where a defendant has paid the amount claimed in a process before the date of hearing, but has not paid the appropriate costs up till the date of payment, the court may make an order for the payment of the amount in the process with the costs, and direct that credit be given to the defendant for the amount paid.

• (2) Where a claim in debt proceedings is not defended, evidence by the solicitor for the plaintiff that the full amount claimed has been received from the defendant after the issue of the process may be accepted as evidence that the amount claimed was due from the defendant at the time the process was issued.

Order where payments made on account before hearing

88

Where a defendant, subsequent to the issue of a process but before the hearing, makes any payment on account of the amount claimed which would have the effect of reducing it to an amount which would carry a smaller sum for costs than the amount claimed, the court may, upon proof of the date of such payment, make an order for the payment of the amount proved to be due at the issue of the process, with the appropriate costs, and direct that credit be given to the defendant for any sum paid.

Dismiss on proof of set-off or counterclaim

89

Where a dismiss is given by reason of the defendant establishing a set-off or counterclaim, that reason shall be stated on the dismiss.

Tender

90

• (1) Where the defence is a tender before action brought, such defence shall not be available unless the defendant lodges with the clerk of petty sessions, at least two days before the hearing, the amount alleged to have been tendered and serves notice of such lodgment on the plaintiff.

• (2) At the time of the making of an order in a proceeding where the amount of the tender has been lodged with the clerk, the court shall in addition order that the amount lodged be paid out to the parties upon such conditions and in such manner as it may think fit.

Issue of decree after postponement subject to payment by instalments

91

Where the court has postponed the issue of a decree subject to terms imposed under Article 116 of the Order, whether as to payment of sums periodically or otherwise, the decree shall not issue until there has been default in compliance with such terms (which includes in relation to such payment, default in payment of an instalment) and an affidavit or statutory declaration setting out particulars of the default has been lodged with the clerk of petty sessions.

Costs in debt proceedings

92

• (1) Costs of the amount set forth in the appropriate scale in Schedule 2 shall be recovered by a successful party in debt proceedings who has been represented by a solicitor or by a solicitor who is a successful party.

• (2) An amount corresponding to the fixed value of stamps upon documents issued on behalf of a successful party in debt proceedings, together with any witnesses' expenses and any fixed fee paid by him to a summons server or other person for the service of a process shall be added to the costs awarded to him under paragraph (i) and shall form part of his costs in the proceedings.

• (3) The court shall award by way of costs to a successful party who has not been represented by a solicitor, in addition to any witnesses' expenses, any fee paid or to be paid by him, but no other costs.

• (4) Subject to paragraph (6) in addition to the costs, fees and expenses referred to in this Rule, a successful party may recover a sum equivalent to the value added tax at the appropriate rate on so much of the amount of those costs, fees and expenses as were incurred in respect of any taxable supply of goods or services within the meaning of the Value Added Tax Act 1983[^f00033]; but only in so far as the tax is not deductible as input tax by the successful party.

• (5) Subject to paragraph (6), in a decree there shall be added after the words "witnesses' expenses“the words ”and, in addition, any sum for value added tax recoverable by the plaintiff [or (in the case of a dismiss) defendant]".

• (6) Paragraph (5) shall not apply to a decree in undefended proceedings within the meaning of Rule 72 or where value added tax is not recoverable by the successful party under paragraph (4).

• (7) In this Rule “fixed” means fixed by an order made under section 116 of the Judicature (Northern Ireland) Act 1978.

Interest on amount awarded

93

The amount awarded by a decree (including any interest and costs thereby awarded) or the amount of costs ordered to be paid by a dismiss shall, subject to any direction by the court, carry interest at seven per cent per annum.

Postponement of issue of decree to be stay of enforcement for purposes of Article 116(3) of the Judgments Enforcement (Northern Ireland) Order 1981

94

• (1) Postponement of the issue of a decree subject to payment by instalments shall be treated as a stay of enforcement on the ground of the debtor's inability to pay for the purposes of Article 116(3) of the Judgments Enforcement (Northern Ireland) Order 1981.

• (2) Where the court makes such an order the clerk of petty sessions shall enter the order in the Debt Process Register in the column headed “Minute of Adjudication” and shall transmit a memorandum thereof to the Enforcement of Judgments Office.

C. RULES APPLICABLE TO EJECTMENT PROCEEDINGS

Contents of process in ejectment proceedings

95

• (1) Every process issued in ejectment proceedings shall set forth the statement identifying the premises possession of which is sought to be recovered in the proceedings and the grounds on which possession is claimed.

• (2) In a case to which sub-paragraph (a) of Article 67(1) of the Order applies the period and rent for which the premises were let, the date on which the interest of the tenant in the premises ended or, as the case may be, the date on which the notice to quit which determined the tenancy expired and the date on which such notice was served shall be stated in the process.

• (3) In a case to which sub-paragraph (b) of Article 67(1) of the Order applies the capacity in which the defendant was put into possession and the date on which the demand for possession was made shall be stated in the process.

• (4) In a case to which sub-paragraph (c) of Article 67(1) of the Order applies the process shall refer to the enactment under the provisions of which possession of the premises is obtainable or recoverable summarily and, if relevant, contain the particulars specified in paragraph (2).

• (5) Where a claim for the recovery of rent or for any sum for which the defendant is liable under Article 69 of the Order in respect of the period during which he has overheld the premises is joined in the same process as a claim for recovery of possession of those premises the provisions of paragraph (6) of Rule 84 shall apply to such process.

Costs in ejectment proceedings

96

• (1) Costs of the amount set forth in the appropriate scale in Schedule 3 shall be recovered by a successful party in ejectment proceedings who has been represented by a solicitor or by a solicitor who is a successful party.

• (2) An amount corresponding to the fixed value of stamps upon documents issued on behalf of a successful party in ejectment proceedings, together with any witnesses' expenses and any fixed fee paid by him to a summons server or other person for the service of a process shall be added to the costs awarded to him under paragraph (1) and shall form part of his costs in the proceedings.

• (3) The court shall award by way of costs to a successful party who has not been represented by a solicitor, in addition to any witnesses' expenses, any fees paid or to be paid by him, but no other costs.

• (4) Paragraphs (4) to (6) of Rule 92 apply to ejectment proceedings as they apply to debt proceedings.

• (5) In this Rule “fixed” means fixed by an order made under section 116 of the Judicature (Northern Ireland) Act 1978.

PART V — Appeals or Applications commenced by Notice under Part VII of the Order

Signature on notice

97

A notice under Part VIII of the Order shall be signed by the appellant or applicant or by his solicitor or firm of solicitors, or in the name of the appellant or applicant or of such solicitor or firm of solicitors by some person duly authorised so to sign.

Time of service of notice

98

• (1) Subject to Article 76(5) of the Order, a notice under Part VII thereof shall be served on the other party to the proceedings at least fourteen days and on the clerk of petty sessions at least seven days before the hearing of the appeal or application.

• (2) The notice served on the clerk of petty sessions shall be endorsed with the date upon which and the manner in which notice was served on the other party to the proceedings.

• (3) Without prejudice to the provisions of any enactment providing for the time within which an appeal may be made to a court of summary jurisdiction the court shall not hear and determine such appeal unless a notice under Part VII of the Order is served under paragraph (1) upon the other party to the proceedings from which the appeal is brought within three months after the making of the decision or determination appealed from has been notified to the appellant.

Copy of decision or determination appealed from to be lodged

99

A copy of the decision or determination from which an appeal is brought shall be lodged with the clerk of petty sessions by the appellant at least seven days before the hearing of the appeal.

Manner of service of notice

100

A notice under Part VII of the Order may be served by the appellant or applicant or any person authorised by him to serve such notice in accordance with section 24(2) of the Interpretation Act (Northern Ireland) 1954[^f00034].

Times of hearing of appeals or applications

101

• (1) The hearing of appeals or applications shall be at such sittings of the court as from time to time may be directed by the resident magistrate acting for the petty sessions district in which the hearing is to take place.

• (2) The court may, notwithstanding that Rule 98(1) or 99 has not been complied with, order, upon such terms as it thinks fit, that the appeal or application shall be heard.

PART VI — Proceedings upon a Complaint in a Civil Matter

Order of Proceedings at the hearing of a complaint in a civil matter

102

The procedure upon the hearing of a complaint in a civil matter shall be as follows:—

• (a) the substance of the complaint shall be stated to the defendant and, if necessary, explained to him; whereupon, unless precluded from making an order without hearing evidence, the court shall ask him whether or not he admits the truth of the complaint;

• (b) where the defendant admits the truth of the complaint or consents to the making of an order against him under Article 80(3) of the Order, the court may be addressed first by the complainant or his counsel or solicitor and then by the defendant or his counsel or solicitor;

• (c) where the defendant does not admit the truth of the complaint or consent to the making of an order against him, the complainant or his counsel or solicitor shall call his evidence and before doing so may address the court;

• (d) at the conclusion of the evidence for the complainant, the defendant or his counsel or solicitor may address the court whether or not he afterwards calls evidence;

• (e) at the conclusion of the evidence, if any, for the defence, the complainant or his counsel or solicitor may, with the leave of the court, call evidence to rebut that evidence;

• (f) at the conclusion of the evidence, if any, for the defence and the evidence in rebuttal as aforesaid, the defendant or his counsel or solicitor may address the court—

• (i) if he has not previously done so; or

• (ii) with the leave of the court, if the defendant and any other witness have been called on the part of the defendant.

Entries in Order Book

103

• (1) Where the defendant or his representative on his behalf admits the truth of the complaint or consents to the making of an order under Article 80(3) of the Order, an entry to that effect shall be made in the Order Book as part of the order.

• (2) Where the court under Article 84 of the Order dismisses a complaint in a civil matter without prejudice to a further complaint alleging the same cause of complaint or upon the merits, the entry of the words “Dismissed without prejudice” or, as the case may be, “Dismissed on the merits” in the Order Book shall be a sufficient record of the order:

Method of making periodical payments

104

• (1) A court of summary jurisdiction ordering periodical payments to be made through a collecting officer under Article 85 of the Order shall notify both parties of the times at which, and the place at which, payments are to be made and received.

• (2) A collecting officer may send by post any periodical payments to the person entitled to them at the request, and at the risk, of that person.

• (3) If a person makes any periodical payments to a collecting officer by post, he shall do so at his own risk and expense.

PART VII — Satisfaction and Enforcement of Orders

A. SUMS ADJUDGED TO BE PAYABLE

Notice to defendant of sum adjudged to be payable by a conviction

105

• (1) Where a person has been adjudged by a conviction to pay a sum the clerk of petty sessions shall serve upon such person notice in writing stating the amount of the sum, the date on which it is to be paid and the manner in which payment is to be made. Such notice shall further advise the defendant that he may, within the time allowed, apply to the court in writing for further time to pay or for an order for payment by instalments or for variation of any order for payment by instalments or for an order for remission of the sum in whole or in part. Such notice shall further warn the defendant that failure to pay or to make the appropriate application within the time allowed will result in the issue of a warrant committing him to prison, and additional costs attendant upon such issue.

• (2) Unless a resident magistrate otherwise directs, a warrant of distress or commitment shall not be issued until the preceding provisions of this Rule have been complied with.

• (3) A notice under this Rule shall be served by delivering it to the offender or by sending it to him by ordinary post in an envelope addressed to him at his last known or usual place of abode.

Orders for supervision

106

• (1) Unless an order under Article 94 of the Order is made in the offender's presence, the clerk of petty sessions shall deliver to the offender or serve on him by ordinary post notice in writing of the order.

• (2) It shall be the duty of any person for the time being appointed under the said Article to advise and befriend the offender with a view to inducing him to pay the sum adjudged to be paid and thereby avoid committal to custody and to give any information required by the court about the offender's conduct and means.

• (3) Without prejudice to Rule 19 any order under Article 94 of the Order placing a person under supervision pending payment of a sum adjudged to be paid shall be entered in the Order Book.

B. FINANCIAL PENALTY ENFORCEMENT ORDERS

Financial penalty enforcement orders

107

A financial penalty enforcement order under section 133A of the Army Act 1955[^f00035], section 133A of the Air Force Act 1955[^f00036] or section 128F of the Naval Discipline Act 1957[^f00037] shall be registered by means of an entry of the particulars of the order in the Order Book signed by the clerk of petty sessions.

C. TRANSFER OF FINE ORDERS

Transfer of Fine Order sent to England and Wales or Scotland

108

Where the court makes a transfer of fine order under Article 95 of the Order (including Article 95 as applied by Article 96 of the Order), the clerk of petty sessions shall send to the clerk to the justices for the petty sessions area in England and Wales or to the sheriff or sheriff clerk of the court of summary jurisdiction in Scotland in or by which, under the order, payment of a sum adjudged to be paid is to be enforceable, a copy of the order in Form 70 or 71, as the case may be, with a statement of the offence; and the steps, if any, taken to recover the sum and with such further information as is available and is, in the opinion of the clerk of petty sessions, likely to assist enforcement.

Transfer of fine order sent from England and Wales or Scotland

109

• (1) Where the clerk of petty sessions receives a copy of a transfer of fine order made in England and Wales or Scotland specifying the petty sessions district for which he acts as the district in which payment of the sum in question is to be enforceable, he shall register the order in his court by means of an entry made and signed by him in the Order Book and shall serve a notice in Form 72 on the offender.

• (2) Such notice may be served in the same manner as a summons alleging a summary offence prosecuted by a member of the Royal Ulster Constabulary and service of the notice may be proved in the same manner as service of such summons is proved under Rule 11.

• (3) Where after fourteen days from service of such notice or the expiration of the period within which the sum is payable under the order, whichever is the later, the offender has failed to pay or has failed to apply for time or further time to pay or for payment by instalments, as required by that notice the court may exercise its functions under Part IX of the Order in enforcing payment of the sum.

• (4) Where the sum adjudged to be paid and due under the transfer of fine order—

• (a) is paid, the clerk of petty sessions shall send it to the clerk of the court which made the order;

• (b) is not paid, the clerk of petty sessions shall inform the clerk of that court of the manner in which the adjudication is satisfied or that the sum, or any balance thereof, appears to be irrecoverable.

D. ATTACHMENT OF EARNINGS

Interpretation of Rules 111 to 121

110

Any reference in Rules 111 to 121 to a “maintenance order” shall include a reference to any order mentioned in Article 98(11) of the Order.

Attachment of earnings order

111

• (1) An attachment of earnings order under Article 101 of the Order shall be in Form 73.

• (2) The clerk of petty sessions for the petty sessions district in which a court of summary jurisdiction was sitting when it made an attachment of earnings order may sign such order.

Service of orders and notices

112

• (1) Where a court of summary jurisdiction makes an attachment of earnings order or an order varying or discharging such an order, the clerk of petty sessions shall cause a copy of the order to be served on the employer and shall send a copy of the order to the defendant.

• (2) Where an attachment of earnings order made by a court of summary jurisdiction ceases to have effect as provided in Article 104(7) or (8) of the Order the notice of the cessation required by Article 104(9) shall be given to the employer.

• (3) The notice required by the preceding paragraph shall be given by the clerk of petty sessions.

• (4) A copy of Article 102 of the Order shall be served with or annexed to the attachment of earnings order.

• (5) Where under Article 105 of the Order (which relates to statements of earnings, etc.) a direction is given to the defendant or to a person appearing to be an employer of the defendant or where under these Rules a copy of an order is to be served or a notice is to be given to any person—

• (a) service may be effected on, or the direction or notice may be given to a person, other than a corporation, by delivering it to the person to whom it is directed or by sending it by post in a letter addressed to him at his last known or usual place of abode, or, in the case of an employer or a person appearing to be an employer of the defendant, at his place of business;

• (b) service may be effected on, or the direction or notice given to, a corporation by delivering the document at, or sending it to—

• (i) such office or place as the corporation may, for the purpose of this Rule, have specified in writing to the court in relation to the defendant or to a class or description to which he belongs, or

• (ii) the registered office of the corporation if that office is in Northern Ireland or, if there is no registered office in Northern Ireland, any place therein where the corporation trades or conducts its business.

Particulars of defendant

113

The particulars of the defendant for the purpose of enabling him to be identified which, so far as they are known, are to be included in an attachment of earnings order shall be—

• (a) full name and address;

• (b) place of work;

• (c) nature of work and works number, if any.

Notice of application for appropriate variation order

114

• (1) Where an application is made under Article 104 of the Order for the appropriate variation of an attachment of earnings order, the clerk of petty sessions shall, where practicable, give notice in writing of the time and place appointed for the hearing of the application to the person entitled to receive payment under the related maintenance order (whether directly or through the officer of any court).

• (2) An application for an order varying (including suspending or reviving) or discharging an attachment of earnings order shall be by way of complaint.

Variation of attachment of earnings order on change of employment

115

Where an attachment of earnings order has lapsed under Article 104(5) of the Order on the debtor's ceasing to be in the employment of the person to whom the order was directed and it appears to the court that the defendant has subsequently entered the employment of a person (whether the same as before or another), the court may, of its own motion, vary the order by directing it to that person and may make any consequential amendment to the order made necessary by this variation.

Variation or discharge of attachment of earnings order by court of its own motion

116

• (1) Where it appears to a court of summary jurisdiction that the defendant is not in the employment of the person to whom the attachment of earnings order is directed and that the likelihood of the defendant entering the employment of any person is not such as to justify preserving the order, the court may, of its own motion, discharge the order.

• (2) Where a court of summary jurisdiction has made an attachment of earnings order and the related maintenance order has been discharged in whole or in part or reduced by operation of law, the court may, of its own motion, vary or discharge the attachment of earnings order.

• (3) Where a court of summary jurisdiction has made an attachment of earnings order which takes account of accrued arrears and those arrears are subsequently discharged, the court may, of its own motion, vary or discharge the order as appropriate.

Temporary variation of protected earnings rate

117

• (1) A court of summary jurisdiction which made the attachment of earnings order may, on a written application made by the defendant on the ground of a material change in the defendant's resources and needs since the order was made or last varied, by order (hereinafter referred to as a temporary variation order) vary the attachment of earnings order for a period of not more than thirteen weeks by an increase of the protected earnings rate.

• (2) A temporary variation order shall be in Form 74.

• (3) The clerk of petty sessions shall cause a copy of any temporary variation order to be served on the employer and shall give him notice if the temporary variation order is discharged and the clerk of petty sessions shall also send a copy to the person entitled to receive payments under the related maintenance order (whether directly or through an officer of any court).

• (4) Where an application for the variation or discharge of an attachment of earnings order is made to a magistrates' court and there is in existence a temporary variation order in respect of the attachment of earnings order, the court may, of its own motion, discharge the temporary variation order.

Consolidated attachment orders

118

• (1) Where a court of summary jurisdiction has power to make more than one attachment of earnings order in respect of the liabilities of a defendant it may make a consolidated attachment order to discharge those liabilities.

• (2) Where a court of summary jurisdiction has power to make an attachment of earnings order in respect of a defendant who is already subject to such an order (whether or not it is itself a consolidated attachment order) made by any such court, the court may, subject to the provisions of this Rule, discharge the existing order and make a consolidated attachment order in respect of that defendant.

• (3) Where two or more attachment of earnings orders (whether or not they are themselves consolidated attachment orders) made by courts of summary jurisdiction acting for the same petty sessions district as one of those courts may, subject to the provisions of this Rule, discharge the existing orders and make a consolidated attachment order in respect of that defendant.

• (4) A court of summary jurisdiction may exercise the powers conferred under paragraphs (1) to (3) of this Rule either of its own motion or on the application of the defendant.

• (5) A defendant may apply to a court of summary jurisdiction for a consolidated attachment order, by complaint.

• (6) Where an employer applies in writing to the clerk of petty sessions for the court which has power to make a consolidated attachment order requesting the court to make such an order, the clerk shall bring the application before the court, and, if it appears to the court that the application is justified, the court shall proceed as if it had determined of its own motion to make such an order.

• (7) Before a court of summary jurisdiction exercises of its own motion the powers conferred under paragraph (3) of this Rule, it shall cause written notice to be given to the defendant of his right to make representations to the court.

• (8) Where a court of summary jurisdiction makes a consolidated attachment order, it shall specify in the order such normal deduction rate as the court thinks reasonable and this rate may be less than the sum of the normal deduction rates specified in any attachment of earnings orders discharged by the court.

Disposal of sums paid under consolidated attachment orders

119

• (1) A clerk of petty sessions receiving a payment under a consolidated attachment order shall, subject to paragraph (2) below, apply the money in payment of the sums secured by the order; paying first any sums previously secured by an attachment of earnings order which was discharged in consequence of the making of the consolidated attachment order.

• (2) Where two or more attachment of earnings orders were discharged in consequence of the making of the consolidated attachment order the sums due under the orders shall be paid in the chronological sequence of the orders.

Method of making payment under attachment of earnings order

120

• (1) A clerk of petty sessions to whom any payment under an attachment of earnings order is to be made shall notify the employer and the person entitled to receive payments under the related maintenance order of the hours during which, and the place at which, payments are, subject to the provisions of this Rule, to be made and received.

• (2) If an employer sends by post any payments under an attachment of earnings order to a clerk of petty sessions, he shall do so at his own risk and expense.

• (3) A clerk of petty sessions may send by post any payment under an attachment of earnings order to the person entitled to receive payments under the related maintenance order at the request and at the risk of that person.

Enforcement of Judgments Office records

121

• (1) Where a clerk of petty sessions causes a copy of an order or notice to be given to any person under Rule 112 of these Rules, he shall cause a copy of the order or notice to be given also to the Enforcement of Judgments Office.

• (2) Where the clerk of petty sessions for the court which has made an attachment of earnings order is informed of a defendant's change of address he shall notify the new address to the Enforcement of Judgments Office.

E. SUSPENDED SENTENCES

Suspended sentences to be dealt with only in petty sessions

122

• (1) Where during the operational period of a suspended sentence imposed under the Treatment of Offenders Act (Northern Ireland) 1968[^f00038] the offender upon whom such sentence was passed appears before a justice of the peace (other than a resident magistrate) sitting out of petty sessions charged with an offence under any of the following enactments—

• (a) section 4 of the Vagrancy Act 1824[^f00039];

• (b) section 3 of the Vagrancy (Ireland) Act 1847[^f00040];

• (c) Article 10(2) of the Criminal Justice (Northern Ireland) Order 1980[^f00041] (where the offence is punishable by imprisonment);

• (d) section 9 of the Summary Jurisdiction (Ireland) Act 1908[^f00042]; or

• (e) section 24 of the Children and Young Persons Act (Northern Ireland) 1968:

the justice shall remand him for appearance before a court of summary jurisdiction sitting for the petty sessions district in which the offence is alleged to have been committed.

• (2) Where a court of summary jurisdiction deals with an offender in respect of a suspended sentence imposed by a magistrates' court otherwise than by making an order under section 19(1)(a) of the Treatment of Offenders Act (Northern Ireland) 1968 the court shall cause to be entered in the Order Book its reasons for its opinion that it would be unjust to make such order.

• (3) Where under section 19(1)(c) of the said Act of 1968 the court varies the original order of a magistrates' court by substituting another period for the original operational period of a suspended sentence, the court shall explain to the offender in ordinary language the effect of the variation and his liability thereunder.

• (4) Where a clerk of petty sessions gives notice under section 19(5) of the said Act of 1968 to the clerk of petty sessions for another petty sessions district he shall attach to the notice—

• (a) where the offender is committed to prison, a copy of the committal warrant;

• (b) where the court varies the operational period of the sentence, a certificate of the order making the variation.

• (5) Where an offender is dealt with by any of the methods specified in paragraphs (a), (b), (c) and (d) of section 19(1) of the said Act of 1968, the clerk of petty sessions for the petty sessions district in which the suspended sentence was passed shall enter a note of the particulars of the method by which the offender has been dealt with opposite the entry in the Order Book made at the time the suspended sentence was passed.

Evidence of conviction to be sent to the Crown Court

123

• (1) Where a magistrates' court under section 20(3) of the Treatment of Offenders Act (Northern Ireland) 1968 commits an offender to the Crown Court, or, instead of doing so, furnishes written notice of the conviction to the chief clerk for the appropriate county court division, the clerk of petty sessions shall send to that chief clerk a certificate of the conviction by the magistrates' court.

• (2) 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 suspended sentence was passed.

F. PROBATION AND ABSOLUTE OR CONDITIONAL DISCHARGE

Entry of probation order, absolute or conditional discharge

124

• (1) Where the court makes a probation order or varies or discharges such order or makes an order for absolute or conditional discharge, it shall cause an entry to be made in the Order Book to that effect.

• (2) An entry in the Order Book as to—

• (a) a probation order shall specify its duration, the supervising court and the conditions of the order and, where it is varied, the terms of the variation;

• (b) an order for conditional discharge shall specify its duration;

• (c) the substitution under section 24 of the Treatment of Offenders Act (Northern Ireland) 1968 of a probation order by an order for conditional discharge, shall state that it is so made.

• (3) A note relating to any variation or discharge of a probation order or the substitution for a probation order of an order for conditional discharge shall be made opposite the entry relating to the making of the probation order by the clerk of petty sessions for the petty sessions district in which it was made.

Entry of order made under section 4 or 6 of Probation Act (Northern Ireland) 1950 upon breach of probation order or commission of further offence

125

Where a court of summary jurisdiction makes an order under section 4(3) or section 6(5) or (7) or the Crown Court makes an order under section 6(6) of the Probation Act (Northern Ireland) 1950[^f00043], the clerk of petty sessions for the petty sessions district in which the order of conditional discharge or, as the case may be, the probation order was made shall make a note of the order under the said section 4 or 6 opposite the entry in the Order Book relating to the making of the order of conditional discharge or, as the case may be, the probation order.

Notification of discharge, etc., of probation orders, etc.

126

• (1) Where a court of summary jurisdiction varies or discharges a probation order which was not made by that court, the clerk of petty sessions shall give notice of the variation or discharge to the clerk of petty sessions for the petty sessions district in which the order was made.

• (2) Where a court of summary jurisdiction deals with a person under section 6 of the Probation Act (Northern Ireland) 1950 in relation to a probation order or order for conditional discharge which was not made by that court, the court shall give notice of the result of the proceedings to the clerk of petty sessions for the district in which the order was made.

• (3) Where a court of summary jurisdiction makes an order under section 24 of the Treatment of Offenders Act (Northern Ireland) 1968 substituting an order for conditional discharge for a probation order which was not made by that court, the clerk of petty sessions shall give notice of the substitution to the clerk of petty sessions for the petty sessions district in which the probation order was made.

G. DEFERMENT OF SENTENCE

Notification of conviction before expiration of period of deferment

127

• (1) Where under Article 14 of the Treatment of Offenders (Northern Ireland) Order 1976[^f00044] a court has deferred passing sentence on an offender and before the expiration of the period of deferment he is convicted of any offence by a magistrates' court, the clerk of petty sessions shall, if the court which deferred passing sentence on the earlier occasion was another magistrates' court, give notice of the conviction to the clerk of that court and if the court which deferred passing sentence on the earlier occasion was the Crown Court, give notice of the conviction to the chief clerk for the appropriate county court division.

• (2) 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 it deferred passing sentence.

H. ENFORCEMENT OF ORDERS MADE IN DEBT PROCEEDINGS

Enforcement process and order

128

• (1) Proceedings under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 where no instalment order has been made by the Enforcement of Judgments Office under Article 30 of that Order shall be commenced by a process (in these Rules referred to as an “enforcement process”) requiring the debtor to appear personally on the date therein specified before a court of summary jurisdiction acting for the petty sessions district in which the defendant resides or in which any business premises used or occupied by him are situated.

• (2) On the hearing of an enforcement process the court may make—

• (a) an order (in these Rules referred to as an “enforcement order”) requiring the debtor to pay the amount due in such manner or by such instalments as the court thinks fit; or

• (b) such an order committing the debtor to prison as may be made under Rule 129.

• (3) An enforcement process shall specify the date of the original order made against the debtor and the amount he was ordered to pay thereunder and such order shall be produced at the hearing.

Committal process and order

129

• (1) If the debtor defaults in payment of any instalment due under an enforcement order or due under an instalment order made by the Enforcement of Judgments Office under Article 30 of the said Order of 1981, the creditor may serve on the debtor a process (in these Rules referred to as a “committal process”) requiring the debtor to appear personally on the date therein specified before a court of summary jurisdiction acting for the petty sessions district in which the enforcement order was made or, in the case of an instalment order under the said Article 30, for the district in which the debtor resides or carries on business to show cause why an order (in these Rules referred to as a “committal order”) should not be made committing him to prison for his default in complying with the enforcement order.

• (2) Upon proof of the making of the enforcement order, or instalment order, or, where the committal order is made under Rule 128(2)(b) upon proof of the original order for payment (which shall be given by the production of the original order or orders) and of the means of the debtor required by Article 107 (4) of the said Order of 1981, the court may, if the debtor fails to show cause why an order should not be made, make with costs such order committing him to prison as is authorised by that Order.

• (3) Nothing in paragraph (2) shall, where it appears to the court that earnings fall to be paid to the debtor, affect the power of the court to make an attachment of earnings order under Article 98 of the said Order of 1981 in lieu of a committal order.

Service of process issued under Rule 128 or 129

130

• (1) Service of a process issued in accordance with Rule 128 or 129 shall be effected by delivering to the defendant personally a true copy thereof.

• (2) Where the person against whom a committal process is issued no longer resides or uses or occupies any business premises in the petty sessions district in which the enforcement order was made, a committal process may be served by the summons server of the petty sessions district in which the defendant resides or in which any business premises used or occupied by him are situated and such service may be proved by affidavit.

I. ENFORCEMENT OF ORDERS MADE IN EJECTMENT PROCEEDINGS

Postponement of issue of decree for possession and application for the issue of the decree

131

• (1) Where a decree has been granted directing that a plaintiff be put in possession of premises to which sub-paragraph (a) of Article 67(1) of the Order applies and the court has postponed the issue of the decree under Article 116 of the Order for a period or periods conditional upon the payment of arrears of rent or sums due under Article 69 of the Order by the defendant and where costs are ordered to be paid, the costs of the proceedings being paid by instalments either in addition to the current rent or otherwise the decree shall not, subject to Article 117 of the Order, issue from the court until after default has been made in payment of an instalment and an order has been made by the court authorising the issue of the decree as provided by this Rule.

• (2) Where default has been made as aforesaid, the plaintiff may apply to the court for an order authorising the issue of the decree upon giving the defendant notice in writing of his intention to make the application not less than seven days before the date of hearing of the application.

• (3) Upon the hearing of the application the court may order that the decree be issued or, except as otherwise provided by Article 116 of the Order, may from time to time adjourn the application or may further postpone the issue of the decree upon the existing conditions or upon such new conditions as it thinks fit as to payment by instalments or otherwise.

• (4) Where the court makes any such order, other than an order of adjournment, it may award to the plaintiff a sum not exceeding £1.00 for the costs of the application, which shall be in addition to, and recovered in the same manner as, any costs awarded on the original decree.

• (5) The details of the application and the date on which it is heard shall be entered in the Ejectment Process Register.

• (6) Where an application under this Rule is adjourned other than in the presence of the defendant or his solicitor the plaintiff or his solicitor shall notify the defendant or his solicitor of the date, time and place of the adjourned hearing.

Signature on notice of application for the issue of decree for possession

132

A form of notice of application under Rule 131 may be signed by the plaintiff or by his solicitor or firm of solicitors or in the name of such solicitor or firm of solicitors by some person duly authorised to sign.

Service and lodgment of notice of application

133

• (1) A notice of application signed in accordance with Rule 132 may be served in the same manner as a process under Rule 58 or Rule 60(1)(b) or may be sent by the applicant or his solicitor to the person to whom it is to be given by registered post or by the recorded delivery service in an envelope addressed to that person at his last known or usual place of abode.

• (2) A copy of such notice shall be lodged with the clerk of petty sessions at least four days before the date of the hearing of the application and if the notice has been served by sending it by registered post or by the recorded delivery service, the receipt for the latter shall be attached to the copy so lodged and no further proof of service shall be required.

• (3) In reckoning the four days referred to in paragraph (2) no account shall be taken of a Saturday, Sunday or a public holiday.

Entry of minute of order on application under Rule 131

134

A minute of any order whatsoever made upon an application under Rule 131 shall be entered in the Ejectment Process Register.

J. OTHER PROVISIONS AS TO THE ENFORCEMENT OF ORDERS IN DEBT OR EJECTMENT PROCEEDINGS

Duration of committal orders

135

A committal order under Article 107 of the Judgments (Enforcement) (Northern Ireland) Order 1981 shall remain in force for one year and no longer.

Duplicate orders

136

• (1) Where a formal order has been lost or destroyed, or has improperly got into the hands of the person against whom the order was made or his agent, an application may be made to the court for the issue of a duplicate of such order, and the court may order that a duplicate be issued.

• (2) Particulars of any such application and a minute of any order made thereon shall be entered in the appropriate Process Register.

• (3) No costs of the application shall be awarded to any applicant for a duplicate order except in a case where it is proved to the court that the loss or destruction was caused by the other party or his agent, or where it is proved that the order is improperly in the possession of the other party or his agent.

• (4) Any duplicate order issued under this Rule shall bear the word “Duplicate” in large letters on its face and shall have the same effect as the original order.

• (5) Where costs are awarded under paragraph (3) the court may issue a decree for the recovery thereof.

K. OTHER MATTERS IN RELATION TO THE ENFORCEMENT OF ORDERS

Order allowing time for payment or for payment by instalments in proceedings upon complaint

137

Without prejudice to Rule 19 where a magistrates' court allows time to pay a sum adjudged to be paid by a conviction or any other sum ordered to be recovered in proceedings upon complaint or orders payment of any such sum by instalments, an entry to that effect shall be made in the Order Book as part of the order.

Application for further time to pay or for payment to be by instalments in proceedings upon complaint

138

• (1) An application for further time to pay a sum adjudged to be paid by a conviction or other sum ordered to be paid in proceedings upon complaint or to be allowed to pay such sum in instalments may, unless the court requires the applicant to attend, be made in writing.

• (2) Such application may be made to a resident magistrate sitting out of petty sessions and a minute of the order made on such application shall be entered in the Order Book.

Direction that money found on defaulter shall not be applied in satisfaction of sum adjudged to be paid by a conviction or in proceedings under Article 98 of the Order

139

Where the defaulter is committed to, or ordered to be detained in a prison or other place of detention, any direction given under Article 110(2) of the Order shall be endorsed on the warrant of commitment.

To whom payments of sums ordered to be paid in proceedings upon complaint are to be made

140

• (1) Except when the court otherwise directs, a person ordered to pay a sum by a magistrates' court in proceedings upon complaint shall, unless a warrant to enforce payment thereof has been issued, pay that sum or any instalment thereof to the clerk of petty sessions.

• (2) The provisions of this Rule shall not derogate from those of section 5 of the Fines Act (Ireland) 1851[^f00045].

Payment where imprisonment imposed

141

• (1) The persons authorised for the purposes of Article 111 of the Order to receive payment are:—

• (a) unless there has been issued to the Royal Ulster Constabulary a warrant of commitment, the clerk of petty sessions;

• (b) any member of the Royal Ulster Constabulary holding the warrant of commitment; or

• (c) any governor of the prison in which the prisoner is confined or any other person having lawful custody of the prisoner.

• (2) No person shall be required to receive in part payment under Article 111(2) of the Order an amount which, or so much of an amount as, will not procure a reduction of the period for which the defaulter is committed or ordered to be detained.

• (3) Where a person having custody of the prisoner receives payment of any sum he shall endorse a certificate of receipt of the sum on the warrant of commitment and shall pay over the said sum to the clerk of petty sessions.

• (4) Nothing in this Rule shall derogate from the provisions of section 5 of the Fines Act (Ireland) 1851.

• (5) This Rule shall apply to committal orders under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 as it applies to warrants of commitment.

Part payment of sums to clerk of petty sessions

142

Where before a warrant is issued to enforce payment of a sum adjudged to be paid by the conviction or order of a magistrates' court, part of that sum has been paid to the clerk of petty sessions, he shall endorse details of such payment on the warrant.

Execution of warrants in proceedings upon complaint

143

• (1) Subject to this Rule, a warrant issued by a resident magistrate or justice of the peace in proceedings upon complaint shall be addressed to the chief superintendent or, as the case may be, the superintendent of the constabulary division in which the warrant is issued.

• (2) A warrant of discharge from prison and, where necessary, a warrant of commitment may be addressed to the prison governor.

• (3) On receipt of a warrant of commitment the prison governor or his deputy shall receive the person named in the warrant (or shall detain him if he is already in custody) for the period specified in the warrant.

• (4) The prison governor or his deputy shall, upon receiving a prisoner into his custody together with a warrant of commitment, give to the person charged with the execution of the warrant a receipt for the prisoner.

• (5) Where the person named in the warrant is to be produced in court after an adjournment or remand the prison governor shall, subject to Article 47(5) of the Order, cause such person to be so 'produced at the time and place fixed by the warrant.

Execution of distress warrant by the Royal Ulster Constabulary

144

• (1) Sums adjudged to be paid by a conviction or order of a magistrates' court and levied under a warrant of distress addressed to a superintendent of the Royal Ulster Constabulary shall be paid over to the clerk of petty sessions.

• (2) A warrant of distress shall authorise the person charged with its execution to take any money as well as the goods of the person against whom distress is to be levied and any money so taken shall be treated as if it were the proceeds of sale of goods taken under the warrant.

• (3) Upon payment or tender of the sum to be levied and any expenses already incurred in connection with the distress to the person charged with executing the warrant, that person shall refrain from executing it.

• (4) The person charged with the execution of a warrant of distress may sell the property distrained after the expiration of the period specified in the warrant, or if no period is fixed, after three days from the date of the distress, unless the sum for recovery of which the warrant was issued and the expenses of the distress are paid within that period.

• (5) Where property is sold under a distress warrant, the person executing the warrant shall render to the owner of the property the balance of the proceeds of sale, if any, after retaining the sum to be levied and the expenses of the distress.

• (6) A superintendent of the Royal Ulster Constabulary empowered to distrain goods under a warrant of distress may sell or cause such goods to be sold by public auction or in such other manner as the person against whom the distress is levied may in writing allow and may deduct the costs of such sale from the proceeds of sale.

Warrants of distress issued under Article 109 of the Order

145

A warrant of distress issued under Article 109 of the Order shall be enforced in the same manner as a warrant issued in proceedings upon complaint.

Costs of warrant to be added to sum due under warrant of commitment or distress

146

Where the warrant is a warrant of distress the sum referred to in Article 8 of the Magistrates' Courts Fees Order (Northern Ireland) 1983[^f00046] shall be leviable in addition to any reasonable costs of making or keeping the distress or conducting the sale of the goods distrained in accordance with the order of the court.

Application for review of warrant of commitment

147

A person imprisoned under a warrant of commitment issued by a magistrates' court under Article 112 of the Order who is not detained otherwise than under that Article may make an application by way of complaint in Form 120 to a resident magistrate requesting that the warrant be cancelled and stating the grounds of the application.

PART VIII — Evidence

Affidavits and declarations

148

• (1) For the purposes of these Rules an affidavit may be sworn, or a statutory declaration may be made, before a justice of the peace or before a commissioner for oaths or clerk of petty sessions.

• (2) Without prejudice to paragraph (1), any such affidavit of service as is referred to in Article 126(1) of the Order may be sworn before the clerk of petty sessions.

• (3) A fee paid to a commissioner for oaths on the swearing of an affidavit or the making of a statutory declaration shall not be recoverable by the person paying the fee from the other party.

Proof by written statement in criminal proceedings (other than at a preliminary inquiry)

149

• (1) Where a 'written statement complying with section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968[^f00047] is served by the complainant or by the defendant for the purpose of any criminal proceedings before a court of summary jurisdiction (other than a preliminary inquiry) a copy of the statement and of any documentary exhibit which accompanied it shall be given to the clerk of petty sessions as soon as practicable after such service and, where a copy of such statement is served on behalf of the prosecution, the complainant shall append to the statement a notice informing the defendant of his right to object to his statement being admitted in evidence.

• (2) Where under section 1(2)(d) of the said Act of 1968 a party serves notice objecting to the statement being tendered in evidence, he shall at the same time serve a copy of the notice on the clerk of petty sessions.

• (3) Where the court under section 1(5) of the said Act of 1968 requires the attendance of the person who made such written statement the court shall, if necessary, adjourn the hearing to enable the witness to be called.

• (4) Where any such written statement refers to any document or object as an exhibit, that document or object shall, wherever possible, be identified by means of a label or other mark of identification signed by the maker of the statement and, before the court treats any document or object referred to as an exhibit in such written statement as an exhibit produced and identified in court by the maker of the statement, the court shall be satisfied that the document or object is sufficiently described in the statement for it to be identified.

• (5) Where the court decides not to admit as evidence any written statement or part thereof tendered in evidence it shall announce such decision forthwith and shall thereupon write or cause to be written upon such statement, or, as the case may be, against that part, the words "This statement is not admitted as evidence.“or, alternatively, ”The part of this statement consisting of is not admitted as evidence." and in either case the presiding magistrate shall subscribe his name thereto.

• (6) Where in summary proceedings any written statement is admitted in evidence and read aloud in accordance with section 1(6) of the said Act or an account has to be given orally of so much of any written statement as is not read aloud, the statement shall be read aloud or the account given by or on behalf of the party who has tendered the statement in evidence.

PART IX — Recognizances

Taking of recognizances

150

• (1) Every recognizance shall specify in full the name and address of each party bound and the amount in which each party is bound thereby.

• (2) A recognizance may be taken by a resident magistrate, justice of the peace, clerk of petty sessions, or, where the person to be bound thereby is in prison or in a training school or remand home or is a surety for such person, the governor or deputy governor of the prison or the person in charge of the school or home, as the case may be.

• (3) Where an appellant is in Great Britain a recognizance under Article 149 of the Order may be taken from him by a justice of the peace or clerk to the justices or, as the case may be, a sheriff, sheriff depute, sheriff clerk or sheriff clerk depute.

• (4) Every recognizance shall be signed by each party acknowledging that he is bound thereby and by the person taking it.

• (5) A person authorised to take a recognizance may require a person offering himself as surety to a recognizance to produce evidence as to his means and as to his identity and place of abode and to sign a certificate that he is possessed of sufficient means to pay the sum in which he is to be bound under the recognizance.

• (6) Such certificate shall be attached to or endorsed on the recognizance.

• (7) Where the party to be bound is a body corporate the recognizance shall be signed by a director or officer thereof.

• (8) Where a person has deposited a sum of money or other valuable security with the clerk of petty sessions in lieu of sureties to a recognizance to prosecute an appeal to the county court or by way of case stated to the Court of Appeal, that recognizance may, where the person to be bound is outside Northern Ireland or is ill or is unable to attend at the time when he is required to enter it, be signed by his solicitor on behalf of and in the name of that person.

Deposit of recognizance with clerk of petty sessions

151

Without prejudice to Rule 21, where the condition of a recognizance is to appear before a magistrates' court or to be of good behaviour or to keep the peace or to be of good behaviour and keep the peace, the recognizance shall be deposited with the clerk of petty sessions.

Recognizances taken under Article 129 or 130 of the Order

152

• (1) Where a person is discharged from custody upon his entering into a recognizance under Article 129 or 130 of the Order the member of the Royal Ulster Constabulary in charge of the constabulary station shall give such person a copy of the recognizance before he leaves the constabulary station.

• (2) Where a person is released from custody under Article 130(1)(a) of the Order upon his entering into a recognizance to appear before a magistrates' court, such recognizance need not be conditioned for his personal appearance before such court if the complaint into which inquiries are being made charges a summary offence.

Taking of recognizances of accused and sureties where court has certified consent to bail and accused has been remanded in custody

153

Where an accused has been remanded or committed for trial in custody and the court has certified its consent to his being released on bail, his recognizance or that of any surety specified in the certificate may be taken by—

• (a) any person referred to in Rule 150(2); or

• (b) the member of the Royal Ulster Constabulary in charge of the police station where the accused is in custody prior to commitment to prison,

and after taking such recognizance or recognizances that person or member shall discharge the accused from custody and send the recognizance or recognizances to the clerk of petty sessions.

PART X — Appeals

A. APPEAL TO THE COUNTY COURT

Notice of appeal, recognizances, etc.

154

• (1) The notice of appeal to be given to the other party and the copy of the notice to be lodged with the clerk of petty sessions under Article 144(1) of the Order shall be prepared and signed by the appellant or by his solicitor or other duly authorised agent and shall contain his address or that of his solicitor or other duly authorised agent.

• (2) Where an appeal is against conviction or sentence or both conviction and sentence the notice of appeal shall so state and, where the appeal is against more than one conviction or sentence, only one notice need be given to the other party and only one copy thereof need be lodged with the clerk of petty sessions and such notice shall specify the convictions or sentences which are the subject of the appeal.

• (3) Every copy of the said notice lodged with the clerk of petty sessions shall be endorsed with the date upon which and the manner in which the notice was so given.

• (4) As soon as practicable after the clerk of petty sessions has received the copy of the notice of appeal and the appellant has, where he is required to do so, entered into a recognizance under Article 148 or Article 149 of the Order the resident magistrate or justice of the peace from whose conviction or order the appeal is to be brought or the clerk of petty sessions shall sign a separate form (in these Rules referred to as a “form of appeal”) setting out the terms of each conviction or order separately appealed against which shall include a certificate signed by the clerk of petty sessions to the effect that notice of appeal has been given and that such recognizance has, where necessary, been duly entered.

• (5) Where a notice of appeal refers to more than one conviction or order, only one recognizance under Article 148 or under Article 149 of the Order suitably adapted need be entered into by the appellant.

Documents to be sent to the chief clerk and to the parties to the appeal

155

• (1) As soon as practicable after complying with Rule 154 the clerk of petty sessions shall send to the chief clerk for the county court division in which the appeal will be heard—

• (a) the copy of the notice of appeal;

• (b) the recognizance, if any, entered into by the appellant under Article 148 or Article 149 of the Order;

• (c) the form of appeal duly completed; and

• (d) all other proceedings in the case (including any written statements admitted in evidence under section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 and any admission of facts made under section 2 of the said Act of 1968).

• (2) The clerk of petty sessions shall at the same time send to the appellant and to the respondent a copy of the form of appeal.

Procedure after appeal to the county court is determined

156

After the county court has decided an appeal from a magistrates' court, the chief clerk for the county court division for which that county court is held shall, within seven days of such decision, certify such decision at the foot of the form of appeal and shall transmit the form of appeal to the clerk of petty sessions, who shall enter such decision in his Order Book.

Return of recognizance where notice of abandonment of appeal to the county court has been given

157

After he receives a notice of abandonment of an appeal to the county court the chief clerk of the county court division for which that county court is held shall return any recognizance of the appellant entered into under Article 148 or 149 of the Order to the clerk of petty sessions.

B. APPEAL BY WAY OF CASE STATED

Contents of and signature upon written application for case stated

158

A written application under Article 146 of the Order for a case to be stated for the opinion of the court of appeal shall—

• (a) specify the point of law involved in the determination by the magistrates' court of the proceedings or any issue as to its jurisdiction; and

• (b) be prepared and signed by the appellant or his solicitor or counsel and contain his address or that of his solicitor.

Notification of decision to grant application for case stated

159

As soon as the court grants an application for a case stated, it shall notify the parties to the proceeding of its decision to grant the application.

Preparation and contents of case stated

160

• (1) A case stated by a magistrates' court under Article 146 of the Order shall be prepared and signed by the resident magistrate or where the decision on which the case is stated was made in a proceeding brought for the prosecution of an offence specified in Part II of Schedule 1 to the Order and was heard by a justice of the peace other than a resident magistrate, by such justice.

• (2) A resident magistrate or justice of the peace in preparing a case stated shall refer copies of the draft thereof to the parties to the proceeding in which the decision was made upon which the case is to be stated.

• (3) Without prejudice to paragraph (1), after copies of the draft case stated have been referred to the parties under paragraph (2) any party may make written representations to the resident magistrate or justice of the peace on such draft within such time as the resident magistrate or justice of the peace may fix and a copy of the document in which such representations are made, dated and signed by the party making the same or his solicitor, shall be served by such party on any other party to the proceeding or his solicitor.

• (4) A case stated by a magistrates' court shall state the facts found by the court and, unless one of the questions on which the opinion of the Court of Appeal is sought is whether there was evidence on which the magistrates' court could come to its decision, shall not contain a statement of the evidence.

C. OTHER MATTERS IN RELATION TO APPEALS TO THE COUNTY COURT AND BY WAY OF CASE STATED

Appellant to be told of his right to apply to the High Court for release from custody or reduction of bail pending hearing of appeal

161

Where a magistrates' court or any justice of the peace having jurisdiction in the petty sessions district for which the court acted refuses to allow a person to be released from custody or has fixed the amount of a recognizance under Article 148(1) of the Order pending his appeal to the county court or by way of case stated to the Court of Appeal, the magistrates' court or justice shall inform him of his right to apply to the High Court or to a Judge thereof in accordance with paragraphs (2) and (3) of Article 148 of the Order for his release from custody or for reduction of the amount of the recognizance he or any surety has been required to enter or of the amount of any security to be given in lieu of sureties to the recognizance.

PART XI — Miscellaneous

Adjournments in proceedings upon summons etc., where date of resumption thereof to be fixed

162

• (1) Where proceedings commenced by summons upon complaint are adjourned and the defendant is not remanded in custody or upon bail and the time and place at which the proceedings are to be resumed are, in accordance with Article 161(3) of the Order left to be determined later by the court, the original summons shall be returned by the clerk of petty sessions to the complainant.

• (2) Where the court has determined such time and place, the clerk of petty sessions shall serve notice thereof upon the complainant and the defendant and the complainant shall relodge the original summons with the said clerk a reasonable time before the time specified in the notice.

• (3) Without prejudice to the provisions of section 24 of the Interpretation Act (Northern Ireland) 1954[^f00048] as to the manner in which any document may be served, such notice may be served in any manner directed by a resident magistrate (including service thereof upon a solicitor representing that he is authorised to accept service on behalf of the defendant) and the court before which the proceedings are resumed may declare the service of the notice, however effected, sufficient.

• (4) This Rule shall, subject to any direction of the court, apply also to proceedings before a magistrates' court commenced by notice of application or notice of appeal as though for reference to the original summons or the defendant there were substituted a reference to such notice of appeal or application or the respondent, as the case may be.

Remands in hospital

163

Where a person has been arrested and charged with an offence and by reason of illness has been taken to hospital before being remanded by a magistrates' court, a court sitting out of petty sessions in the precincts of the hospital may, instead of remanding him by committing him to prison, if it appears expedient to do so, remand him under Article 47 of the Order in the custody of the governor of the appropriate prison and under the control of a prison officer for the purposes of section 18 of the Prison Act (Northern Ireland) 1953[^f00049].

Service of copy of order to which Article 98 of the Order applies

164

Where the court makes, revokes, discharges, revives or varies an order to which Article 98 of the Order applies, the court shall cause a copy of its order to be served on the payer and on the payee under the Order delivering it to him or by sending it by ordinary post in an envelope addressed to him at his last known or usual place of abode.

SCHEDULE 1 — FORMS

CRIMINAL PROCEEDINGS

A. Forms used in connection with both Summary Trial and Preliminary Investigation/Inquiry

FORM 1

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 20; Rules 7 and 17)

FORM 2

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 20(1), (2) and (3); Rule 8)

FORM 3

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 24(1)(i); Rule 10)

FORM 4

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 24(1)(ii); Rule 10)

FORM 5

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 24(1); Rule 10)

FORM 6

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 24(2); Rule 10)

FORM 7

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 125; Rule 23(6))

FORM 8

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Articles 20(3), (4) and (5), 25, 118 and 138(5); Rules 14 and 143)

FORM 9

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 129; Rule 16)

FORM 10

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Articles 47, 50 and 51; Rules 14 and 143)

FORM 11

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Articles 37 and 47; Rule 16)

FORM 12

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 49; Rules 14 and 143)

FORM 13

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 47(5))

B. Forms used in connection with Summary Trial.

FORM 14

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 114; Rules 14, 15 and 143)

C. Forms used in connection with Preliminary Investigation/Inquiry.

FORM 15

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 32(1)(b)(i); Rules 25 and 32(5) and (6))

FORM 16

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Articles 30(2), 34(2) and 39; Rules 26, 27 and 35)

FORM 17

MAGISTRATES; COURTS (NORTHERN IRELAND) ORDER 1981

(Articles 37, 40 and 47; Rules 14 and 143)

FORM 18

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 39(5); Rules 14 and 143)

FORM 19

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Articles 37(4), 39(5) and 148(1); Rules 14, 16(3) and 143)

D. Forms used in connection with Preliminary Inquiry.

FORM 20

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 32(1)(a); Rule 32)

FORM 21

FORM 22

FORM 23

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Rule 32(4))

FORM 24

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 32(1)(b)(iii); Rule 32(5))

FORM 25

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Articles 30(4) and (5), 34(3) and (4); Rules 26 and 35)

FORM 26

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 33; Rule 39)

FORM 27

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Rule 41)

E. Forms used in Connection with Committal for Trial of Person against whom an Indictment has been Presented.

FORM 28

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 40(1))

FORM 29

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 40(3); Rules 14 and 143)

F. Forms used in connection with Summary Trial of Indictable Offences specified in Schedule 2 to the Order

FORM 30

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Articles 20 and 45; Rules 8 and 44(1))

FORM 30A

FORM 31

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 45; Rule 44(1))

FORM 31A

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 45; Rule 44(1))

FORM 32

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 45; Rule 44(2))

FORM 32A

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 45; Rule 44(2))

DEBT PROCEEDINGS

FORM 33

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 62; Rules 55, 57 and 84)

FORM 34

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Rule 85)

FORM 35

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Rule 90(1))

FORM 36

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 74; Rule 79)

FORM 37

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 116; Rule 91)

FORM 38

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Articles 2(3) and 73(6); Rules 74 and 79)

FORM 39

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Rule 65)

FORM 40

MAGISTRATES' CQURTS (NORTHERN IRELAND) ORDER 1981

(Rule 65(4))

EJECTMENT PROCEEDINGS

FORM 41

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 67; Rules 55, 57 and 95)

FORM 42

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Articles 67, 69 and 72(3); Rules 55, 57 and 95(5))

FORM 43

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981

(Article 67; Rules 55, 57 and 95(3))

FORM 44