Legalize
Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

Magistrates' Courts Rules (Northern Ireland) 1984

Type Ni-Statutory-Rule
Publication 1984-06-26
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API
Subject Subject Subject Subject Article of 1981 Order or other provision Provision of Rules
ABANDONMENT ABANDONMENT ABANDONMENT ABANDONMENT
appeal of, including case stated appeal of, including case stated appeal of, including case stated 145, 150, 151(1)(a), 152 157
excess of, in debt proceedings excess of, in debt proceedings excess of, in debt proceedings 64 84(2), 85(2).
ACCOUNT ACCOUNT ACCOUNT ACCOUNT
debt proceedings on foot of whole account where does not exceed £250 debt proceedings on foot of whole account where does not exceed £250 debt proceedings on foot of whole account where does not exceed £250 62(1)
payment on account before hearing to reduce costs payment on account before hearing to reduce costs payment on account before hearing to reduce costs 88
ADJOURNMENT (see also REMAND) ADJOURNMENT (see also REMAND) ADJOURNMENT (see also REMAND) ADJOURNMENT (see also REMAND)
amendment of forms, for amendment of forms, for amendment of forms, for 154(2)
civil complaint, in proceedings on, for— civil complaint, in proceedings on, for— civil complaint, in proceedings on, for—
non-appearance of complainant non-appearance of complainant 82, 161
non-appearance of defendant non-appearance of defendant 81, 161
non-appearance of both parties non-appearance of both parties 83
complaint charging summary offence, for complaint charging summary offence, for complaint charging summary offence, for
non-appearance of complainant non-appearance of complainant 26
non-appearance of accused non-appearance of accused 23
non-appearance of both parties non-appearance of both parties 27
conviction, after, for inquiries or to determine suitable method of dealing with case conviction, after, for inquiries or to determine suitable method of dealing with case conviction, after, for inquiries or to determine suitable method of dealing with case 50
costs on costs on costs on 163(3)
debt or ejectment proceedings, of, for non-appearance of defendant debt or ejectment proceedings, of, for non-appearance of defendant debt or ejectment proceedings, of, for non-appearance of defendant 73(2)
for inquiry into physical or mental condition for inquiry into physical or mental condition for inquiry into physical or mental condition 51
generally— generally— generally— 161
notice to parties and witnesses where case adjourned to date to be fixed in civil cases notice to parties and witnesses where case adjourned to date to be fixed in civil cases 161(3)
preliminary investigation of, to another district preliminary investigation of, to another district preliminary investigation of, to another district 36 30
reasons for adjournment under Article 50 or 51 to be entered in Order Book reasons for adjournment under Article 50 or 51 to be entered in Order Book reasons for adjournment under Article 50 or 51 to be entered in Order Book 19(9)
sentence, for, to other court sentence, for, to other court sentence, for, to other court 52
where court unable to sit, by clerk of petty sessions where court unable to sit, by clerk of petty sessions where court unable to sit, by clerk of petty sessions 161(5)
ADULT ADULT ADULT ADULT
may be tried summarily for indictable offences specified in Schedule 2 may be tried summarily for indictable offences specified in Schedule 2 may be tried summarily for indictable offences specified in Schedule 2 45 43 to 47
AFFIDAVIT AFFIDAVIT AFFIDAVIT AFFIDAVIT
to prove service of summons, process or document to prove service of summons, process or document to prove service of summons, process or document 126 11(7)
AFFILIATION ORDER (see ORDER) AFFILIATION ORDER (see ORDER) AFFILIATION ORDER (see ORDER) AFFILIATION ORDER (see ORDER)
AIDER AND ABETTOR AIDER AND ABETTOR AIDER AND ABETTOR AIDER AND ABETTOR
offence offence
may be tried summarily for commission of offence under section 9 of Criminal Law Act (Northern Ireland) 1967 in relation to offences specified in Schedule 2 to 1981 Order may be tried summarily for commission of offence under section 9 of Criminal Law Act (Northern Ireland) 1967 in relation to offences specified in Schedule 2 to 1981 Order may be tried summarily for commission of offence under section 9 of Criminal Law Act (Northern Ireland) 1967 in relation to offences specified in Schedule 2 to 1981 Order paragraph 13 of Sch. 2
of offence under section 4(1) of Criminal Law Act (Northern Ireland) 1967 (impeding apprehension or prosecution of offender) of offence under section 4(1) of Criminal Law Act (Northern Ireland) 1967 (impeding apprehension or prosecution of offender) of offence under section 4(1) of Criminal Law Act (Northern Ireland) 1967 (impeding apprehension or prosecution of offender) paragraph 11 of Sch. 2
of offence under section 5(1) of Criminal Law Act (Northern Ireland) 1967 (failure to disclose information of offence) of offence under section 5(1) of Criminal Law Act (Northern Ireland) 1967 (failure to disclose information of offence) of offence under section 5(1) of Criminal Law Act (Northern Ireland) 1967 (failure to disclose information of offence) paragraph 12 of Sch. 2
of summary offence, guilty of that offence of summary offence, guilty of that offence of summary offence, guilty of that offence 59
punishment of punishment of punishment of 59
AMENDMENT AMENDMENT AMENDMENT AMENDMENT
adjournment to allow, where party misled of order— adjournment to allow, where party misled of order— adjournment to allow, where party misled of order— 154(2)
on appeal by case stated on appeal by case stated 147(1)
on appeal to county court on appeal to county court 145 powers under Article 28 of County Courts Order (NI) 1980
of forms may be allowed of forms may be allowed of forms may be allowed 154(1)
of order, by High Court on application to quash of order, by High Court on application to quash of order, by High Court on application to quash 159
APPEAL FROM MAGISTRATES' COURT APPEAL FROM MAGISTRATES' COURT APPEAL FROM MAGISTRATES' COURT APPEAL FROM MAGISTRATES' COURT
abandonment of abandonment of abandonment of 150
enforcement of order where appeal abandoned enforcement of order where appeal abandoned 152
estreat of recognizance or payment of costs on abandonment estreat of recognizance or payment of costs on abandonment 151
bail on bail on bail on 148
by way of case stated to Court of Appeal by way of case stated to Court of Appeal by way of case stated to Court of Appeal 146
bail on bail on 148
fees for fees for 149(2)
powers of Court of Appeal powers of Court of Appeal 147
preparation preparation 160
procedure on procedure on 146 158 to 161
costs costs costs
power of Court of Appeal where appeal abandoned, not prosecuted or case stated not transmitted power of Court of Appeal where appeal abandoned, not prosecuted or case stated not transmitted 151
documents, in connection with— documents, in connection with— documents, in connection with—
appeal to county court appeal to county court 154 to 157
appeal by case stated appeal by case stated 158 to 160
ejectment proceedings in, recognizance to contain undertaking as to waste, etc. ejectment proceedings in, recognizance to contain undertaking as to waste, etc. ejectment proceedings in, recognizance to contain undertaking as to waste, etc. 70
no appeal against certain orders on conviction— no appeal against certain orders on conviction— no appeal against certain orders on conviction—
probation order, order for conditional or absolute discharge, order as to costs, orders referred to in Schedule 5 para 9(1) probation order, order for conditional or absolute discharge, order as to costs, orders referred to in Schedule 5 para 9(1) 140(2)
no appeal against distress under Article 98(4), imprisonment under Article 98(5) no appeal against distress under Article 98(4), imprisonment under Article 98(5) no appeal against distress under Article 98(4), imprisonment under Article 98(5) 143(2)
procedure, on appeal procedure, on appeal procedure, on appeal 144 154 to 157, 161
recognizance to prosecute appeal to county court— recognizance to prosecute appeal to county court— recognizance to prosecute appeal to county court— 149
against conviction or sentence against conviction or sentence 140
against imprisonment or fine for misbehaviour in court imposed under Article 160 against imprisonment or fine for misbehaviour in court imposed under Article 160 142(1)
against order to enter into recognizance against order to enter into recognizance 141
against order in debt or ejectment proceedings against order in debt or ejectment proceedings 143
against order in proceedings begun by notice of application or appeal against order in proceedings begun by notice of application or appeal 143
against order on civil complaint against order on civil complaint 143
against punishment for failure to obey order under Article 12 against punishment for failure to obey order under Article 12 142(2)
time for appeal— time for appeal— time for appeal—
to county court to county court 144
by case stated by case stated 146
warrants, decrees, etc., to enforce magistrates' courts order not to issue until appeal disposed of warrants, decrees, etc., to enforce magistrates' courts order not to issue until appeal disposed of warrants, decrees, etc., to enforce magistrates' courts order not to issue until appeal disposed of 117
APPEALS AND APPLICATIONS TO MAGISTRATES' COURTS APPEALS AND APPLICATIONS TO MAGISTRATES' COURTS APPEALS AND APPLICATIONS TO MAGISTRATES' COURTS APPEALS AND APPLICATIONS TO MAGISTRATES' COURTS
generally generally generally 76
procedure procedure procedure 97 to 101
times of hearing times of hearing times of hearing 101
APPEARANCE APPEARANCE APPEARANCE APPEARANCE
corporation, by, where charged with indictable offence corporation, by, where charged with indictable offence corporation, by, where charged with indictable offence 166 and Sch. 4
counsel or solicitor, by counsel or solicitor, by counsel or solicitor, by 164
generally generally generally 164
in person compulsory— in person compulsory— in person compulsory—
for claiming trial by jury for summary offence punishable by more than 6 months' imprisonment for claiming trial by jury for summary offence punishable by more than 6 months' imprisonment 29 24
for preliminary investigation or inquiry for preliminary investigation or inquiry 30 26 and 35
relatives, by relatives, by 164(2)
ARREARS ARREARS ARREARS ARREARS
collecting officer, proceedings for, under order for periodical payment collecting officer, proceedings for, under order for periodical payment collecting officer, proceedings for, under order for periodical payment 85(5)
complaint for arrears under order for periodical payment to be made before expiration of three years from default complaint for arrears under order for periodical payment to be made before expiration of three years from default complaint for arrears under order for periodical payment to be made before expiration of three years from default 98(1)
enforcement of, for periodical payment enforcement of, for periodical payment enforcement of, for periodical payment 98
no appeal against order for distress or commitment or order attaching pension or income for failure to obey order for periodical payment no appeal against order for distress or commitment or order attaching pension or income for failure to obey order for periodical payment no appeal against order for distress or commitment or order attaching pension or income for failure to obey order for periodical payment 143(2)
payment of rent, power to postpone issue of decree for payment of rent, power to postpone issue of decree for payment of rent, power to postpone issue of decree for 116
power to remit arrears under order for periodical payment power to remit arrears under order for periodical payment power to remit arrears under order for periodical payment 87
rent, of, claim for recovery may be joined with claim, in ejectment rent, of, claim for recovery may be joined with claim, in ejectment rent, of, claim for recovery may be joined with claim, in ejectment 72(3)
ARREST (see also WARRANT) ARREST (see also WARRANT) ARREST (see also WARRANT) ARREST (see also WARRANT)
money found on defaulter on arrest may be applied towards payment of fine or sum due under order for periodical payment money found on defaulter on arrest may be applied towards payment of fine or sum due under order for periodical payment money found on defaulter on arrest may be applied towards payment of fine or sum due under order for periodical payment 110
person arrested without warrant and not released to be brought before court within 48 hours person arrested without warrant and not released to be brought before court within 48 hours person arrested without warrant and not released to be brought before court within 48 hours 131
power of constabulary to release person arrested on bail power of constabulary to release person arrested on bail power of constabulary to release person arrested on bail 130
powers of RM or JP to release arrested person other than on bail powers of RM or JP to release arrested person other than on bail powers of RM or JP to release arrested person other than on bail 132
warrant for person committed for trial on complaint of surety where he is about to abscond warrant for person committed for trial on complaint of surety where he is about to abscond warrant for person committed for trial on complaint of surety where he is about to abscond 134
warrant for person accused of summary offence who fails to appear in court warrant for person accused of summary offence who fails to appear in court warrant for person accused of summary offence who fails to appear in court 25(1)
warrant for person accused of indicable offence whether in first instance or later warrant for person accused of indicable offence whether in first instance or later warrant for person accused of indicable offence whether in first instance or later 20(1)
warrant for person failing to pay under order for periodical payment warrant for person failing to pay under order for periodical payment warrant for person failing to pay under order for periodical payment 98(1)(b)
warrant may be executed until withdrawn in any part of Northern Ireland and notwithstanding it is not in officer's possession warrant may be executed until withdrawn in any part of Northern Ireland and notwithstanding it is not in officer's possession warrant may be executed until withdrawn in any part of Northern Ireland and notwithstanding it is not in officer's possession 158
warrant for witness where JP satisfied he will probably not attend preliminary investigation or who fails to appear in answer to summons warrant for witness where JP satisfied he will probably not attend preliminary investigation or who fails to appear in answer to summons warrant for witness where JP satisfied he will probably not attend preliminary investigation or who fails to appear in answer to summons 118
ATTACHMENT OF EARNINGS ORDER (see ORDER) ATTACHMENT OF EARNINGS ORDER (see ORDER) ATTACHMENT OF EARNINGS ORDER (see ORDER) ATTACHMENT OF EARNINGS ORDER (see ORDER) Part VII D
ATTEMPT ATTEMPT ATTEMPT ATTEMPT
person charged with summary offence may be convicted of attempt person charged with summary offence may be convicted of attempt person charged with summary offence may be convicted of attempt 60(2)
to commit summary offence is such an offence and offender may be proceeded against, tried or punished as for completed offence to commit summary offence is such an offence and offender may be proceeded against, tried or punished as for completed offence to commit summary offence is such an offence and offender may be proceeded against, tried or punished as for completed offence 60(1)
to commit offence in Schedule 2 (indictable offences triable summarily) to commit offence in Schedule 2 (indictable offences triable summarily) to commit offence in Schedule 2 (indictable offences triable summarily) para 13 of Sch. 2
BAIL BAIL BAIL BAIL
accused to be told of right to apply to High Court or Crown Court accused to be told of right to apply to High Court or Crown Court accused to be told of right to apply to High Court or Crown Court 148(2) 51, 148
after failure to appear at trial on indictment after failure to appear at trial on indictment after failure to appear at trial on indictment 40(4)
application for, at any time before trial on indictment after committal application for, at any time before trial on indictment after committal application for, at any time before trial on indictment after committal 37(4)
committal for trial on committal for trial on committal for trial on 37
constabulary, by, after arrest without warrant constabulary, by, after arrest without warrant constabulary, by, after arrest without warrant 130
continuous— continuous— continuous—
for defendant for defendant 48
for witness for witness 118(4)
endorsement on warrant endorsement on warrant endorsement on warrant 129 16
magistrates' court in adjourning proceedings for offence may remand accused on bail magistrates' court in adjourning proceedings for offence may remand accused on bail magistrates' court in adjourning proceedings for offence may remand accused on bail 47
on appeal against conviction or sentence or by way of case stated in criminal proceedings on appeal against conviction or sentence or by way of case stated in criminal proceedings on appeal against conviction or sentence or by way of case stated in criminal proceedings 148
on remand for medical examination on remand for medical examination on remand for medical examination 51 49
on remand after conviction for inquiries on remand after conviction for inquiries on remand after conviction for inquiries 50
period of remand on bail period of remand on bail period of remand on bail 47
power of JP to release person in custody after arrest for offence power of JP to release person in custody after arrest for offence power of JP to release person in custody after arrest for offence 132
recognizance to be in such amount as appears sufficient to ensure performance of conditions recognizance to be in such amount as appears sufficient to ensure performance of conditions recognizance to be in such amount as appears sufficient to ensure performance of conditions 135
sureties, general power to add sureties, general power to add sureties, general power to add 136
treason or treason felony, bail not to be granted without consent of Secretary of State treason or treason felony, bail not to be granted without consent of Secretary of State treason or treason felony, bail not to be granted without consent of Secretary of State 38
warrant of discharge where person bailed before expiration of period of remand warrant of discharge where person bailed before expiration of period of remand warrant of discharge where person bailed before expiration of period of remand 16(3)
where person arrested as about to abscond before trial where person arrested as about to abscond before trial where person arrested as about to abscond before trial 134
where accused unable to give bail for appearance at petty sessions, RM may hear complaint out of petty sessions where accused unable to give bail for appearance at petty sessions, RM may hear complaint out of petty sessions where accused unable to give bail for appearance at petty sessions, RM may hear complaint out of petty sessions 18(2)
where court was certified for bail prison governor, etc., may admit accused to bail and sureties may enter recognizance before JP or Clerk of Petty Sessions where court was certified for bail prison governor, etc., may admit accused to bail and sureties may enter recognizance before JP or Clerk of Petty Sessions where court was certified for bail prison governor, etc., may admit accused to bail and sureties may enter recognizance before JP or Clerk of Petty Sessions 153
witness after arrest for failure to appear witness after arrest for failure to appear witness after arrest for failure to appear 118(4)
BINDING OVER BINDING OVER BINDING OVER BINDING OVER
appeal by person ordered to enter recognizance to keep peace or be of good behaviour appeal by person ordered to enter recognizance to keep peace or be of good behaviour appeal by person ordered to enter recognizance to keep peace or be of good behaviour 141
complainant and witness to attend trial complainant and witness to attend trial complainant and witness to attend trial 39
complainant to prosecute or give evidence upon issue of warrant complainant to prosecute or give evidence upon issue of warrant complainant to prosecute or give evidence upon issue of warrant 17
discharge of surety from discharge of surety from discharge of surety from 128
failure to enter into recognizance to keep peace, etc. failure to enter into recognizance to keep peace, etc. failure to enter into recognizance to keep peace, etc. 127(7)
for misbehaviour in court for misbehaviour in court for misbehaviour in court 27(1)(c)
generally generally generally 127
procedure for binding witnesses and prosecutor to attend trial at county court or assize procedure for binding witnesses and prosecutor to attend trial at county court or assize procedure for binding witnesses and prosecutor to attend trial at county court or assize 27
BOUNDARIES BOUNDARIES BOUNDARIES BOUNDARIES
offences committed on or near offences committed on or near offences committed on or near 17
of petty sessions districts generally of petty sessions districts generally of petty sessions districts generally 11
CHILD CHILD CHILD CHILD
mode of service of summons where person summoned is child or young person mode of service of summons where person summoned is child or young person mode of service of summons where person summoned is child or young person 11(4)
saving for Magistrates' Courts (Children and Young Persons) Rules saving for Magistrates' Courts (Children and Young Persons) Rules saving for Magistrates' Courts (Children and Young Persons) Rules 5
CIVIL MATTER CIVIL MATTER CIVIL MATTER CIVIL MATTER
defined defined defined 77(1)
dismiss without prejudice dismiss without prejudice dismiss without prejudice 84 103(2)
hearing of proceedings on complaint in hearing of proceedings on complaint in hearing of proceedings on complaint in 80 102
issue of summons on complaint in issue of summons on complaint in issue of summons on complaint in 79 8, 11
non-appearance of defendant non-appearance of defendant non-appearance of defendant 81
non-appearance of complainant non-appearance of complainant non-appearance of complainant 82
non-appearance of both parties non-appearance of both parties non-appearance of both parties 83
order on consent in order on consent in order on consent in 80 103(1)
proof of service on defendant proof of service on defendant proof of service on defendant 81(2), 126 11, 13
proceedings to be on complaint proceedings to be on complaint proceedings to be on complaint 77(2)
time within which complaint to be made time within which complaint to be made time within which complaint to be made 78
CLERK OF PETTY SESSIONS CLERK OF PETTY SESSIONS CLERK OF PETTY SESSIONS CLERK OF PETTY SESSIONS
appointment of appointment of appointment of see s.69(2) of 1978 c.23
death of or cesser in office death of or cesser in office death of or cesser in office 156
definition of definition of definition of 2(4)
defrayal of expenses in defending action defrayal of expenses in defending action defrayal of expenses in defending action 10(1)
immunity from action of immunity from action of immunity from action of 8(2)
COLLECTING OFFICER COLLECTING OFFICER COLLECTING OFFICER COLLECTING OFFICER
certificate that sum not paid, to be evidence certificate that sum not paid, to be evidence certificate that sum not paid, to be evidence 123
may send payments by post may send payments by post may send payments by post 104(2)
method of payment through method of payment through method of payment through 104
order that periodical payments be made through, to be notified to parties order that periodical payments be made through, to be notified to parties order that periodical payments be made through, to be notified to parties 104(1)
power to order periodical payments through power to order periodical payments through power to order periodical payments through 85
proceedings to recover arrears proceedings to recover arrears proceedings to recover arrears 85(5)
remuneration where not clerk of petty sessions remuneration where not clerk of petty sessions remuneration where not clerk of petty sessions 85(7)
COMMISSION OF THE PEACE COMMISSION OF THE PEACE COMMISSION OF THE PEACE COMMISSION OF THE PEACE
form of and generally form of and generally form of and generally see s.103 1978 c.23
COMMITTAL COMMITTAL COMMITTAL COMMITTAL
default in payment under order for periodical payment default in payment under order for periodical payment default in payment under order for periodical payment 98
default in payment of sum adjudged by conviction default in payment of sum adjudged by conviction default in payment of sum adjudged by conviction 92
enforcement order, under, for failure to satisfy decree in debt proceedings enforcement order, under, for failure to satisfy decree in debt proceedings enforcement order, under, for failure to satisfy decree in debt proceedings 128, 129
for misbehaviour in court for misbehaviour in court for misbehaviour in court 160
failure of witness to enter recognizance to attend trial on failure of witness to enter recognizance to attend trial on failure of witness to enter recognizance to attend trial on 39(5)
failure to comply with order to enter recognizance to keep peace etc. failure to comply with order to enter recognizance to keep peace etc. failure to comply with order to enter recognizance to keep peace etc. 127(7)
if warrant issued on conviction, court to state reason for not allowing time to pay if warrant issued on conviction, court to state reason for not allowing time to pay if warrant issued on conviction, court to state reason for not allowing time to pay 93
in default of distress for sum due under estreated recognizance in default of distress for sum due under estreated recognizance in default of distress for sum due under estreated recognizance 138(4)
maximum period in default of payment of sum adjudged to be paid by conviction maximum period in default of payment of sum adjudged to be paid by conviction maximum period in default of payment of sum adjudged to be paid by conviction Sch. 3
means to be taken into account before immediate committal for failure to pay sum adjudged by conviction means to be taken into account before immediate committal for failure to pay sum adjudged by conviction means to be taken into account before immediate committal for failure to pay sum adjudged by conviction 93
release from or reduction of period on payment release from or reduction of period on payment release from or reduction of period on payment 111 140 to 142
replacement of power to make orders under Debtors (Ireland) Act 1872 for enforcing payment under decree in debt proceedings replacement of power to make orders under Debtors (Ireland) Act 1872 for enforcing payment under decree in debt proceedings replacement of power to make orders under Debtors (Ireland) Act 1872 for enforcing payment under decree in debt proceedings Part VIII of SI 1981/226 (NI 6)
report where person under 21 has been under supervision report where person under 21 has been under supervision report where person under 21 has been under supervision 94(2)
restrictions on committal in default of payment of sum adjudged to be paid on conviction restrictions on committal in default of payment of sum adjudged to be paid on conviction restrictions on committal in default of payment of sum adjudged to be paid on conviction 93
trial for— trial for— trial for—
accused about to abscond, where accused about to abscond, where 134
bail, on bail, on 37, 38 16, 153
corporation, of corporation, of 166 and Sch. 4
custody, in custody, in 37, 38, 40 16, 153
failure to appear, after failure to appear, after 40
generally generally 37, 38, 39 25 to 42
reconsideration, after, where RM has not convicted of indictable offence summarily reconsideration, after, where RM has not convicted of indictable offence summarily 46(2)
where imprisonment in default of distress is consecutive to another term where imprisonment in default of distress is consecutive to another term where imprisonment in default of distress is consecutive to another term 56(3)
witness refusing to testify witness refusing to testify witness refusing to testify 120
COMMITTEE COMMITTEE COMMITTEE COMMITTEE
Magistrates' Courts Rules Committee Magistrates' Courts Rules Committee Magistrates' Courts Rules Committee 13 to 15
COMPENSATION COMPENSATION COMPENSATION COMPENSATION
orders for compensation on conviction orders for compensation on conviction orders for compensation on conviction Article 3(1) of SI 1980/704 (NI 6)
other than for loss or damage due to accident arising out of presence of motor vehicle on road other than for loss or damage due to accident arising out of presence of motor vehicle on road other than for loss or damage due to accident arising out of presence of motor vehicle on road Article 3(2) of SI 1980/704 (NI 6)
COMPLAINT (see CIVIL MATTER) COMPLAINT (see CIVIL MATTER) COMPLAINT (see CIVIL MATTER) COMPLAINT (see CIVIL MATTER)
appeal in proceedings on complaint to which Part VIII applies appeal in proceedings on complaint to which Part VIII applies appeal in proceedings on complaint to which Part VIII applies 143(3)(d)
by surety that person bound over has been or is about to be guilty of conduct in breach of recognizance for good behaviour by surety that person bound over has been or is about to be guilty of conduct in breach of recognizance for good behaviour by surety that person bound over has been or is about to be guilty of conduct in breach of recognizance for good behaviour 128
execution of warrants, in proceedings upon execution of warrants, in proceedings upon execution of warrants, in proceedings upon 143
form of form of form of 7
generally generally generally 16 to 27, 77 to 84
includes information includes information includes information 2(3)
may be struck out on non-appearance of complainant or both parties may be struck out on non-appearance of complainant or both parties may be struck out on non-appearance of complainant or both parties 26, 27, 82, 83
order allowing time for payment or for payment by instalments, in proceedings on order allowing time for payment or for payment by instalments, in proceedings on order allowing time for payment or for payment by instalments, in proceedings on 91, 97
statement of in preliminary investigation or inquiry statement of in preliminary investigation or inquiry statement of in preliminary investigation or inquiry 25, 32(5), (6) and (7)
supply of to accused on committal for trial supply of to accused on committal for trial supply of to accused on committal for trial 29
to whom payments of sums ordered to be paid in proceedings upon complaint are to be made to whom payments of sums ordered to be paid in proceedings upon complaint are to be made to whom payments of sums ordered to be paid in proceedings upon complaint are to be made 140
when on oath when on oath when on oath 20(7), 118(2)
wording of wording of wording of 6, 7(7)
CONSENT CONSENT CONSENT CONSENT
in proceedings on civil complaint in proceedings on civil complaint in proceedings on civil complaint 80(3) 103(1)
of accused to summary trial of indictable offence of accused to summary trial of indictable offence of accused to summary trial of indictable offence 45(1) 45(6)
of prosecutor to summary trial of indictable offence of prosecutor to summary trial of indictable offence of prosecutor to summary trial of indictable offence 45(3) 45(2)
order by consent in debt or ejectment proceedings order by consent in debt or ejectment proceedings order by consent in debt or ejectment proceedings 73(5)
CONTEMPT CONTEMPT CONTEMPT CONTEMPT
analogous to— analogous to— analogous to—
enforcement of orders other than for payment of money enforcement of orders other than for payment of money 112
misbehaviour in court misbehaviour in court 160
reports of preliminary investigation in breach of court order reports of preliminary investigation in breach of court order 44
CONTRACT CONTRACT CONTRACT CONTRACT
debt proceedings on debt proceedings on debt proceedings on 62
CONTRIBUTION ORDER CONTRIBUTION ORDER CONTRIBUTION ORDER CONTRIBUTION ORDER
enforcement of enforcement of enforcement of 98(11)(f)
CONVICTION CONVICTION CONVICTION CONVICTION
alternative in summary trial of indictable offence alternative in summary trial of indictable offence alternative in summary trial of indictable offence 46(3)
appeal against appeal against appeal against 140 154 to 156
ascertaining means after conviction: statement of wages by employer ascertaining means after conviction: statement of wages by employer ascertaining means after conviction: statement of wages by employer 122
certificate of certificate of certificate of 20
compensation, order for on compensation, order for on compensation, order for on Article 3(1) of SI 1980/704 (NI 6)
enforcement of payment of sum adjudged on enforcement of payment of sum adjudged on enforcement of payment of sum adjudged on 92, 93, 94, 105, 106
issue, postponement or stay of execution of warrant for sum adjudged on issue, postponement or stay of execution of warrant for sum adjudged on issue, postponement or stay of execution of warrant for sum adjudged on 114
maximum period of imprisonment for default in payment of sum adjudged on maximum period of imprisonment for default in payment of sum adjudged on maximum period of imprisonment for default in payment of sum adjudged on 92 and Sch. 3
notice to defendant of previous convictions notice to defendant of previous convictions notice to defendant of previous convictions 23(6)
notice to defendant of sum adjudged to be payable by a conviction notice to defendant of sum adjudged to be payable by a conviction notice to defendant of sum adjudged to be payable by a conviction 105
previous, irrevelant not to be referred to orally previous, irrevelant not to be referred to orally previous, irrevelant not to be referred to orally 23(2) to (6)
release on payment of sum adjudged to be paid by a conviction release on payment of sum adjudged to be paid by a conviction release on payment of sum adjudged to be paid by a conviction 111
right to claim trial by jury where offence carries more than six months' imprisonment only where accused previously convicted right to claim trial by jury where offence carries more than six months' imprisonment only where accused previously convicted right to claim trial by jury where offence carries more than six months' imprisonment only where accused previously convicted 29(4) 24(2)
search of accused after search of accused after search of accused after 110
sum adjudged to be paid by, includes costs, damages or compensation sum adjudged to be paid by, includes costs, damages or compensation sum adjudged to be paid by, includes costs, damages or compensation 2(5)
supervision of person under 21 until sum paid supervision of person under 21 until sum paid supervision of person under 21 until sum paid 94
time allowed for, instalments allowed in payment of sum adjudged to be paid by time allowed for, instalments allowed in payment of sum adjudged to be paid by time allowed for, instalments allowed in payment of sum adjudged to be paid by 91 138
where time to pay or payment by instalments allowed entry to be made in Order Book where time to pay or payment by instalments allowed entry to be made in Order Book where time to pay or payment by instalments allowed entry to be made in Order Book 137
CORPORATION CORPORATION CORPORATION CORPORATION
appearance of, where charged with an indictable offence appearance of, where charged with an indictable offence appearance of, where charged with an indictable offence 166 and Sch. 4
committal for trial committal for trial committal for trial Sch. 4
jurisdiction where has registered office or principal place of business jurisdiction where has registered office or principal place of business jurisdiction where has registered office or principal place of business 16(1)(b)
modification of the rules where accused is a corporation modification of the rules where accused is a corporation modification of the rules where accused is a corporation 36
service of summons on service of summons on service of summons on 11(4)
where to be bound by recognizance, latter to be signed by director or officer where to be bound by recognizance, latter to be signed by director or officer where to be bound by recognizance, latter to be signed by director or officer 150(7)
COSTS COSTS COSTS COSTS
adjournment, of adjournment, of adjournment, of 163(3)
appeal, on, by way of case stated appeal, on, by way of case stated appeal, on, by way of case stated 147(1)(c)
appeal, on, to county court appeal, on, to county court appeal, on, to county court 145
appeal abandoned, where by public or local authority or constable, court may order appellant to pay costs appeal abandoned, where by public or local authority or constable, court may order appellant to pay costs appeal abandoned, where by public or local authority or constable, court may order appellant to pay costs 151(3)
civil complaint, in proceedings on, costs may be awarded civil complaint, in proceedings on, costs may be awarded civil complaint, in proceedings on, costs may be awarded 163
civil complaint, in proceedings on, costs recoverable in same manner as any other sum recoverable civil complaint, in proceedings on, costs recoverable in same manner as any other sum recoverable civil complaint, in proceedings on, costs recoverable in same manner as any other sum recoverable 97
commitment and distress, of, to be paid together with sum in default of payment of which order made, before release from custody commitment and distress, of, to be paid together with sum in default of payment of which order made, before release from custody commitment and distress, of, to be paid together with sum in default of payment of which order made, before release from custody 111
commitment where insufficient distress had for sum adjudged by conviction including costs commitment where insufficient distress had for sum adjudged by conviction including costs commitment where insufficient distress had for sum adjudged by conviction including costs 92
committal order in debt proceedings, order for costs made with committal order in debt proceedings, order for costs made with committal order in debt proceedings, order for costs made with 129(2)
debt proceedings, in, costs may be awarded debt proceedings, in, costs may be awarded debt proceedings, in, costs may be awarded 163 92 and Sch. 2
ejectment proceedings, in, costs may be awarded ejectment proceedings, in, costs may be awarded ejectment proceedings, in, costs may be awarded 163 96 and Sch. 3
generally generally generally 163
notice, in proceedings commenced by, under Part VII of Order notice, in proceedings commenced by, under Part VII of Order notice, in proceedings commenced by, under Part VII of Order 109
periodical payment, order for referred to in Article 98 periodical payment, order for referred to in Article 98 periodical payment, order for referred to in Article 98 98(4)
costs of enforcement costs of enforcement 98(4) to (5)
costs of original proceedings for order costs of original proceedings for order 98(1)
process of, to be stated and, if paid with sum claimed and outlay before entry day, reduced by 50% process of, to be stated and, if paid with sum claimed and outlay before entry day, reduced by 50% process of, to be stated and, if paid with sum claimed and outlay before entry day, reduced by 50% 57(2)
recognizance, estreat of, for failure to prosecute appeal, court may order payment of appellant's expenses out of sum estreated recognizance, estreat of, for failure to prosecute appeal, court may order payment of appellant's expenses out of sum estreated recognizance, estreat of, for failure to prosecute appeal, court may order payment of appellant's expenses out of sum estreated 151(2)
“sentence”, appeal against, does not include order for payment of costs “sentence”, appeal against, does not include order for payment of costs “sentence”, appeal against, does not include order for payment of costs 140(2)(b)
“sum adjudged to be paid by conviction” includes costs “sum adjudged to be paid by conviction” includes costs “sum adjudged to be paid by conviction” includes costs 2(5)
where more than one defendant in debt or ejectment proceedings where more than one defendant in debt or ejectment proceedings where more than one defendant in debt or ejectment proceedings 73
COUNTERCLAIM COUNTERCLAIM COUNTERCLAIM COUNTERCLAIM
abandonment, amount of, to be stated in counterclaim to give jurisdiction abandonment, amount of, to be stated in counterclaim to give jurisdiction abandonment, amount of, to be stated in counterclaim to give jurisdiction 85
admitted if, court may direct amount to be set-off admitted if, court may direct amount to be set-off admitted if, court may direct amount to be set-off 65(2)
debt proceedings, abandonment of excess in debt proceedings, abandonment of excess in debt proceedings, abandonment of excess in 64(2)
notice of set-off or counterclaim to be given notice of set-off or counterclaim to be given notice of set-off or counterclaim to be given 85
COUNTY COURT COUNTY COURT COUNTY COURT COUNTY COURT
powers on appeal powers on appeal powers on appeal 145
transfer of debt or ejectment proceedings to transfer of debt or ejectment proceedings to transfer of debt or ejectment proceedings to 75 80
COURT OF APPEAL COURT OF APPEAL COURT OF APPEAL COURT OF APPEAL
powers on appeal by case stated powers on appeal by case stated powers on appeal by case stated 147
COURT OF SUMMARY JURISDICTION COURT OF SUMMARY JURISDICTION COURT OF SUMMARY JURISDICTION COURT OF SUMMARY JURISDICTION
defined defined defined 2(2)(a)
defined defined defined Sch. 5 para 6
CUSTODY (see REMAND) CUSTODY (see REMAND) CUSTODY (see REMAND) CUSTODY (see REMAND)
appeal, pending, sentence suspended appeal, pending, sentence suspended appeal, pending, sentence suspended 153
committal for trial, in committal for trial, in committal for trial, in 37
detention in, where default in periodical payment detention in, where default in periodical payment detention in, where default in periodical payment 98
endorsement for release from, on warrant of commitment endorsement for release from, on warrant of commitment endorsement for release from, on warrant of commitment 16
release from— release from— release from—
on appeal on appeal 148
after committal for trial after committal for trial 37(4)
release from— release from— release from—
after arrest without warrant after arrest without warrant 130, 131
remand in— remand in— remand in—
adjournment, on adjournment, on 47, 161
committal for trial committal for trial 37 16
conviction after conviction after 50
in case of illness or accident in case of illness or accident 49
preliminary investigation at preliminary investigation at 36, 37, 47
period of period of 37, 47
DEATH DEATH DEATH DEATH
of resident magistrate, justice of the peace or clerk of petty sessions does not invalidate document signed by him of resident magistrate, justice of the peace or clerk of petty sessions does not invalidate document signed by him of resident magistrate, justice of the peace or clerk of petty sessions does not invalidate document signed by him 156
of summons server, production of process book and verification of his hand-writing to be prima facie evidence of entries of summons server, production of process book and verification of his hand-writing to be prima facie evidence of entries of summons server, production of process book and verification of his hand-writing to be prima facie evidence of entries 62
DEBT PROCEEDINGS DEBT PROCEEDINGS DEBT PROCEEDINGS DEBT PROCEEDINGS
abandonment of excess in claim abandonment of excess in claim abandonment of excess in claim 64(1) 84(2)
appeal— appeal— appeal—
decree not to issue until disposed of decree not to issue until disposed of 117
lies to county court lies to county court 143(3)(a)
committal order, in, duration committal order, in, duration committal order, in, duration 135
committal process and order committal process and order committal process and order 129
costs, in costs, in costs, in 163 92 and Sch. 2
decree in— decree in— decree in—
includes what includes what 2(3)
defined defined defined 2(3), 62(5) 53
enforcement of decree, in— enforcement of decree, in— enforcement of decree, in—
generally generally S.I. 1981/226. (N.I. 6)
process and order process and order 128
hearing of hearing of hearing of 73
issue of process issue of process issue of process 72
jurisdiction in jurisdiction in jurisdiction in 62
may issue absolutely or conditionally may issue absolutely or conditionally may issue absolutely or conditionally 74
postponement of issue of postponement of issue of postponement of issue of 116 91, 94
service of enforcement and committal process service of enforcement and committal process service of enforcement and committal process 130
set-off or counterclaim set-off or counterclaim set-off or counterclaim 85(1)
where part of set-off or counterclaim abandoned where part of set-off or counterclaim abandoned 64(2) 85(2)
tender tender tender 90
time limit for time limit for time limit for 63 90(1)
where remainder of account abandoned where remainder of account abandoned 64
DECREE (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS) DECREE (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS) DECREE (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS) DECREE (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS)
meaning of meaning of meaning of 2(3)
where value added tax recoverable where value added tax recoverable where value added tax recoverable 92(4), 96(4)
DEPOSIT DEPOSIT DEPOSIT DEPOSIT
acceptance of, in lieu of sureties to recognizance acceptance of, in lieu of sureties to recognizance acceptance of, in lieu of sureties to recognizance 137
appeal to High Court against amount of security to be given in lieu of sureties appeal to High Court against amount of security to be given in lieu of sureties appeal to High Court against amount of security to be given in lieu of sureties 148(2)
appeal to county court against estreat recognizance appeal to county court against estreat recognizance appeal to county court against estreat recognizance 141(2)
where condition of recognizance performed sum deposited or security to be repaid where condition of recognizance performed sum deposited or security to be repaid where condition of recognizance performed sum deposited or security to be repaid 137(4)
DEPOSITION DEPOSITION DEPOSITION DEPOSITION
copy to be supplied to accused copy to be supplied to accused copy to be supplied to accused 29
forwarding to trial court forwarding to trial court forwarding to trial court 28
preservation of, where indictable offence tried summarily preservation of, where indictable offence tried summarily preservation of, where indictable offence tried summarily 47
reading of at trial on indictment, of person dead, insane, unable to travel or kept out of way reading of at trial on indictment, of person dead, insane, unable to travel or kept out of way reading of at trial on indictment, of person dead, insane, unable to travel or kept out of way 42
taking of, dying person in connection with indictable offence taking of, dying person in connection with indictable offence taking of, dying person in connection with indictable offence 41 48
taking of, in connection with summary offence, where person sick or unable to attend taking of, in connection with summary offence, where person sick or unable to attend taking of, in connection with summary offence, where person sick or unable to attend 28 48
taking of, procedure at preliminary investigation taking of, procedure at preliminary investigation taking of, procedure at preliminary investigation 30 26
DESTRUCTION DESTRUCTION DESTRUCTION DESTRUCTION
application for order for destruction of property application for order for destruction of property application for order for destruction of property 76(1)(c)
DETENTION (see CUSTODY AND REMAND) DETENTION (see CUSTODY AND REMAND) DETENTION (see CUSTODY AND REMAND) DETENTION (see CUSTODY AND REMAND)
custody in, after arrest without warrant custody in, after arrest without warrant custody in, after arrest without warrant 131
in precincts of court for one day in lieu of imprisonment in precincts of court for one day in lieu of imprisonment in precincts of court for one day in lieu of imprisonment 57
of person defaulting in periodical payment of person defaulting in periodical payment of person defaulting in periodical payment 98
pending appeal pending appeal pending appeal 144, 148
DISCHARGE (see RELEASE) DISCHARGE (see RELEASE) DISCHARGE (see RELEASE) DISCHARGE (see RELEASE)
absolute or conditional discharge, no appeal against, except where appellant pleaded not guilty absolute or conditional discharge, no appeal against, except where appellant pleaded not guilty absolute or conditional discharge, no appeal against, except where appellant pleaded not guilty 140
application for, for discharge of order for periodical payment application for, for discharge of order for periodical payment application for, for discharge of order for periodical payment 86
decree in debt proceedings to be full decree in debt proceedings to be full decree in debt proceedings to be full 66
surety, of, from recognizance to be of good behaviour etc. surety, of, from recognizance to be of good behaviour etc. surety, of, from recognizance to be of good behaviour etc. 128
surety, of, from recognizance of person committed for trial surety, of, from recognizance of person committed for trial surety, of, from recognizance of person committed for trial 134
DISMISS DISMISS DISMISS DISMISS
charge for indictable offence, where dismissed after summary trial, to have same effect as acquittal on indictment charge for indictable offence, where dismissed after summary trial, to have same effect as acquittal on indictment charge for indictable offence, where dismissed after summary trial, to have same effect as acquittal on indictment 46(5)
complaint for criminal offence— complaint for criminal offence— complaint for criminal offence—
non-appearance of complainant non-appearance of complainant 26
non-appearance of both parties non-appearance of both parties 27
complaint in civil matter may be dismissed without prejudice where court unable to adjudicate on merits complaint in civil matter may be dismissed without prejudice where court unable to adjudicate on merits complaint in civil matter may be dismissed without prejudice where court unable to adjudicate on merits 84(1)
complaint in civil matter may be dismissed on merits where court has adjudicated on merits complaint in civil matter may be dismissed on merits where court has adjudicated on merits complaint in civil matter may be dismissed on merits where court has adjudicated on merits 84(2)
debt or ejectment proceedings may be dismissed either on merits or without prejudice to a further claim debt or ejectment proceedings may be dismissed either on merits or without prejudice to a further claim debt or ejectment proceedings may be dismissed either on merits or without prejudice to a further claim 73(6) 74
procedure where previous dismiss without prejudice produced in debt or ejectment proceedings procedure where previous dismiss without prejudice produced in debt or ejectment proceedings procedure where previous dismiss without prejudice produced in debt or ejectment proceedings 75
DISTRESS DISTRESS DISTRESS DISTRESS
default of payment of sum adjudged to be by a conviction, in default of payment of sum adjudged to be by a conviction, in default of payment of sum adjudged to be by a conviction, in 92 144
enforce, to, order for periodical payment enforce, to, order for periodical payment enforce, to, order for periodical payment 98 144
enforce, to, payment of sum recovered in proceedings commenced by notice enforce, to, payment of sum recovered in proceedings commenced by notice enforce, to, payment of sum recovered in proceedings commenced by notice 109 144
form and execution of warrant of form and execution of warrant of form and execution of warrant of 14, 143
to levy amount due under a recognizance to levy amount due under a recognizance to levy amount due under a recognizance 138 144
where imprisonment imposed for want of sufficient, payment of sum due where imprisonment imposed for want of sufficient, payment of sum due where imprisonment imposed for want of sufficient, payment of sum due 111
where person sentenced to imprisonment default of distress may be ordered to run consecutively to any other imposed for same offence where person sentenced to imprisonment default of distress may be ordered to run consecutively to any other imposed for same offence where person sentenced to imprisonment default of distress may be ordered to run consecutively to any other imposed for same offence 56
DOCUMENTS DOCUMENTS DOCUMENTS DOCUMENTS
amendment of amendment of amendment of 155
refusal to produce refusal to produce refusal to produce 120
signing of, on behalf of Clerk of Petty Sessions signing of, on behalf of Clerk of Petty Sessions signing of, on behalf of Clerk of Petty Sessions 22
summons to produce as witness summons to produce as witness summons to produce as witness 118
taken out of petty sessions taken out of petty sessions taken out of petty sessions 21
transmission of transmission of transmission of
on appeal to county court on appeal to county court 144(5) 155
to trial court to trial court 37(5) 28, 42
wording of wording of wording of 6
DOMESTIC PROCEEDINGS DOMESTIC PROCEEDINGS DOMESTIC PROCEEDINGS DOMESTIC PROCEEDINGS
attendance at attendance at attendance at 89
exclusion of witness from exclusion of witness from exclusion of witness from 89(3)
meaning of meaning of meaning of 88
procedure in procedure in procedure in 89
publication of reports publication of reports publication of reports 90
EJECTMENT PROCEEDINGS EJECTMENT PROCEEDINGS EJECTMENT PROCEEDINGS EJECTMENT PROCEEDINGS
appeal in appeal in appeal in 70, 117, 143(3)(b)
costs, in costs, in costs, in 163 96 and Sch. 3
decree— decree— decree—
generally generally 67, 74, 116, 117 131 to 134
postponement, of postponement, of 116 131 to 134
defined defined defined 2(3)
dismiss dismiss dismiss 73
enforcement generally enforcement generally enforcement generally See S.I. 1981/226 (N.I. 6)
generally generally generally 67 to 75 53 to 83, 95, 96
hearing of— hearing of— hearing of— 73
non-appearance of defendant non-appearance of defendant 73(2)
non-appearance of both parties non-appearance of both parties 73(3)
joinder with claim for recovery of rent joinder with claim for recovery of rent joinder with claim for recovery of rent 72(3)
landlord or owner, meaning of, in landlord or owner, meaning of, in landlord or owner, meaning of, in 71 Sch. 5 para 8(2)
limitation, in limitation, in limitation, in 68
meaning of meaning of meaning of 2(3) 53
saving for other proceedings saving for other proceedings saving for other proceedings Sch. 5 para 8(1)
transfer of proceedings to county court transfer of proceedings to county court transfer of proceedings to county court 75 80
ESTREAT OF RECOGNIZANCE ESTREAT OF RECOGNIZANCE ESTREAT OF RECOGNIZANCE ESTREAT OF RECOGNIZANCE
abandonment of or failure to prosecute abandonment of or failure to prosecute abandonment of or failure to prosecute 151
appeal against appeal against appeal against 141(2)
landlord or owner may receive compensation for waste, etc., out of sum levied on estreat of recognizance to appeal landlord or owner may receive compensation for waste, etc., out of sum levied on estreat of recognizance to appeal landlord or owner may receive compensation for waste, etc., out of sum levied on estreat of recognizance to appeal 70(2)
procedure on procedure on procedure on 138
EVIDENCE EVIDENCE EVIDENCE EVIDENCE
at hearing to be on oath at hearing to be on oath at hearing to be on oath 121
certificate of clerk of petty sessions or collecting officer or statutory declaration by person to whom sum payable under order, as to non-payment, to be certificate of clerk of petty sessions or collecting officer or statutory declaration by person to whom sum payable under order, as to non-payment, to be certificate of clerk of petty sessions or collecting officer or statutory declaration by person to whom sum payable under order, as to non-payment, to be 123
deposition— deposition— deposition—
in proceedings for summary offence by witness unfit to travel etc. in proceedings for summary offence by witness unfit to travel etc. 28 48
in relation to indictable offence in relation to indictable offence 41 48
of witness conditionally bound to give evidence at trial of witness conditionally bound to give evidence at trial 39, 42 28, 42
order of hearing at summary trial of offence order of hearing at summary trial of offence 22 to 27 23
order of hearing in proceedings on civil complaint order of hearing in proceedings on civil complaint 80 to 84 102
objection as to variance between complaint and evidence adduced objection as to variance between complaint and evidence adduced 154, 155 6
onus of proving exceptions in proceedings on complaint onus of proving exceptions in proceedings on complaint 124
preliminary investigation, at preliminary investigation, at 30, 36, 37, 39, 41, 42, 44 26 to 30
formal admission under Criminal Justice (Miscellaneous Provisions) Act (N.I.) 1968 formal admission under Criminal Justice (Miscellaneous Provisions) Act (N.I.) 1968 formal admission under Criminal Justice (Miscellaneous Provisions) Act (N.I.) 1968 38, 52
preliminary Inquiry— preliminary Inquiry— preliminary Inquiry—
authentication of statements etc. authentication of statements etc. 41
conduct of Inquiry conduct of Inquiry 35
generally generally 31 to 42
interpretation interpretation 31
objection to preliminary Inquiry objection to preliminary Inquiry 34
procedure where statement not admitted in evidence procedure where statement not admitted in evidence 40
proof by affidavit of service of documents proof by affidavit of service of documents 126 148
proof of formal admission proof of formal admission 38
service on clerk of notice of intention to request inquiry service on clerk of notice of intention to request inquiry 32
service on accused service on accused 33
statements etc. to be sent to court of trial statements etc. to be sent to court of trial 42
statements to be in prescribed form and exhibits identified statements to be in prescribed form and exhibits identified 39
statement of wages, as statement of wages, as 122
where corporation accused where corporation accused 36
witness may be excluded from court during proceedings in which he is to give evidence witness may be excluded from court during proceedings in which he is to give evidence 119(2)
EXEMPTIONS AND EXCEPTIONS EXEMPTIONS AND EXCEPTIONS EXEMPTIONS AND EXCEPTIONS EXEMPTIONS AND EXCEPTIONS
onus of proof of onus of proof of onus of proof of 124
EXPENSES EXPENSES EXPENSES EXPENSES
appeals, in, where recognizance estreated appeals, in, where recognizance estreated appeals, in, where recognizance estreated 151
Lord Chancellor, of Lord Chancellor, of Lord Chancellor, of 167(1)
proceedings against R.M. or J.P. in proceedings against R.M. or J.P. in proceedings against R.M. or J.P. in 10
Rules Committee of Rules Committee of Rules Committee of 167(2)
FEES FEES FEES FEES
remission of remission of remission of 162
FINE (see also CONVICTION) FINE (see also CONVICTION) FINE (see also CONVICTION) FINE (see also CONVICTION)
failure to give change of address to collecting officer failure to give change of address to collecting officer failure to give change of address to collecting officer 85(8)
misbehaviour in court, for misbehaviour in court, for misbehaviour in court, for 160
appeal against appeal against appeal against 142(1)
period of imprisonment in default of payment of period of imprisonment in default of payment of period of imprisonment in default of payment of 92, 2(5) and Sch. 3
power to fine where enactment gives powers to imprison power to fine where enactment gives powers to imprison power to fine where enactment gives powers to imprison 54
power to reduce fine under certain enactments power to reduce fine under certain enactments power to reduce fine under certain enactments 55
publication— publication— publication—
of evidence ordered not to be printed or published of evidence ordered not to be printed or published 44(3)
of evidence in domestic proceedings of evidence in domestic proceedings 90
witness, on— witness, on— witness, on—
for failure to appear for failure to appear 119(1)(a)
for failure to obey order of court excluding him for failure to obey order of court excluding him 119(1)(b)
FINGER AND PALM PRINTS FINGER AND PALM PRINTS FINGER AND PALM PRINTS FINGER AND PALM PRINTS
order for taking order for taking order for taking 61
prints and records to be destroyed on acquittal etc. prints and records to be destroyed on acquittal etc. prints and records to be destroyed on acquittal etc. 61(4)
FORFEITURE FORFEITURE FORFEITURE FORFEITURE
application to court, for forfeiture of property application to court, for forfeiture of property application to court, for forfeiture of property 76(1)(c)
disposal of non-pecuniary disposal of non-pecuniary disposal of non-pecuniary 58
of money or valuable security on of money or valuable security on of money or valuable security on 137
FORMS FORMS FORMS FORMS
amendment of amendment of amendment of 154, 155 6
certificate of conviction or order certificate of conviction or order certificate of conviction or order 20
documents taken out of petty sessions documents taken out of petty sessions documents taken out of petty sessions 11
objections for want of form objections for want of form objections for want of form 154
proof of service of, by affidavit proof of service of, by affidavit proof of service of, by affidavit 126
validity, of, where signatory dead validity, of, where signatory dead validity, of, where signatory dead 156
wording of wording of wording of 6
HANDWRITING HANDWRITING HANDWRITING HANDWRITING
proof of that of R.M. or J.P. proof of that of R.M. or J.P. proof of that of R.M. or J.P. 126
IMMUNITY IMMUNITY IMMUNITY IMMUNITY
in proceedings against R.M. or J.P. arising out of execution of office in proceedings against R.M. or J.P. arising out of execution of office in proceedings against R.M. or J.P. arising out of execution of office 5
IMPRISONMENT IMPRISONMENT IMPRISONMENT IMPRISONMENT
accuraI of arrears of payments under for periodical payments accuraI of arrears of payments under for periodical payments accuraI of arrears of payments under for periodical payments 87
aiders and abettors aiders and abettors aiders and abettors 59
appeal, against sentence of appeal, against sentence of appeal, against sentence of 142
appeal, pending appeal, pending appeal, pending 153
default, in, of distress, period imposed in addition to imprisonment for same offence default, in, of distress, period imposed in addition to imprisonment for same offence default, in, of distress, period imposed in addition to imprisonment for same offence 56(3)
default, in, of distress where recognizance estreated default, in, of distress where recognizance estreated default, in, of distress where recognizance estreated 138(4) and Sch. 3
default in payment due under order for periodical payment default in payment due under order for periodical payment default in payment due under order for periodical payment 98
default in payment of fine or other sum adjudged by conviction, maximum period of default in payment of fine or other sum adjudged by conviction, maximum period of default in payment of fine or other sum adjudged by conviction, maximum period of 92 and Sch. 3
for failure to enter recognizance binding to peace for failure to enter recognizance binding to peace for failure to enter recognizance binding to peace 127(7)
for failure to obey order other than to pay money for failure to obey order other than to pay money for failure to obey order other than to pay money 112
maximum consecutive periods maximum consecutive periods maximum consecutive periods 56
maximum for, indictable offence tried summarily. maximum for, indictable offence tried summarily. maximum for, indictable offence tried summarily. 46(4)
misbehaviour in court, for misbehaviour in court, for misbehaviour in court, for 160
power to impose fine in lieu of power to impose fine in lieu of power to impose fine in lieu of 54
power to order detention in court precincts for day, in lieu of power to order detention in court precincts for day, in lieu of power to order detention in court precincts for day, in lieu of 57
refusal to enter into recognizance to attend trial refusal to enter into recognizance to attend trial refusal to enter into recognizance to attend trial 39(5)
refusal to testify refusal to testify refusal to testify 120
release from or reduction of, where sum paid release from or reduction of, where sum paid release from or reduction of, where sum paid 111
right to claim jury trial where offence carries maximum sentence of more than six months right to claim jury trial where offence carries maximum sentence of more than six months right to claim jury trial where offence carries maximum sentence of more than six months 29
lNDICTABLE OFFENCE lNDICTABLE OFFENCE lNDICTABLE OFFENCE lNDICTABLE OFFENCE
corporation charged with corporation charged with corporation charged with 166 and Sch. 4
issue of summons or warrant for issue of summons or warrant for issue of summons or warrant for 20
preliminary investigation or preliminary investigation or preliminary investigation or 2(2)(b), 16, 25 to 42
inquiry inquiry 30 to 44
summary trial of— summary trial of— summary trial of—
alternative conviction, on alternative conviction, on 46(3)
consent of accused and prosecutor required consent of accused and prosecutor required 45(1) and (3)
generally generally 45,46, Sch. 2 43 to 47
no limitation period no limitation period 19(b)
out of petty sessions out of petty sessions 18(2)
scheduled offence without Attorney General's certificate scheduled offence without Attorney General's certificate 24(3)
JOINDER OF PROCEEDINGS JOINDER OF PROCEEDINGS JOINDER OF PROCEEDINGS JOINDER OF PROCEEDINGS
claim for arrears of rent etc. not exceeding £100 with claim in ejectment claim for arrears of rent etc. not exceeding £100 with claim in ejectment claim for arrears of rent etc. not exceeding £100 with claim in ejectment 72(3)
two or more causes of action may be joined in same process two or more causes of action may be joined in same process two or more causes of action may be joined in same process 84(3)
JURY JURY JURY JURY
election for trial by, where summary offence punishable by more than six months' imprisonment election for trial by, where summary offence punishable by more than six months' imprisonment election for trial by, where summary offence punishable by more than six months' imprisonment 29 24
notice of right to be tried by jury, before indictable offence may be tried summarily notice of right to be tried by jury, before indictable offence may be tried summarily notice of right to be tried by jury, before indictable offence may be tried summarily 45(1) 44
JUSTICE OF THE PEACE JUSTICE OF THE PEACE JUSTICE OF THE PEACE JUSTICE OF THE PEACE
action does not lie against; unless court acted without jurisdiction action does not lie against; unless court acted without jurisdiction action does not lie against; unless court acted without jurisdiction 5
appointment of, appointment of, appointment of, s.3 1964 c.21 and see s.103 1978 c.23
bankruptcy of bankruptcy of bankruptcy of s.5, 6(2) and (3) 1964 c.21
commissioner of oaths, disqualified from acting as commissioner of oaths, disqualified from acting as commissioner of oaths, disqualified from acting as s.6(1) 1964 c.21
death of, does not invalidate documents issued in proceedings death of, does not invalidate documents issued in proceedings death of, does not invalidate documents issued in proceedings 156
deletion from commission of name of deceased deletion from commission of name of deceased deletion from commission of name of deceased see s.103 1978 c.23
discharge from office of by omission from commission or Secretary of State may issue writ of supersedes discharge from office of by omission from commission or Secretary of State may issue writ of supersedes discharge from office of by omission from commission or Secretary of State may issue writ of supersedes s.8 1964 c.21
disqualification from acting does not affect validity of documents issued in proceedings disqualification from acting does not affect validity of documents issued in proceedings disqualification from acting does not affect validity of documents issued in proceedings 156
High Court, application to for order requiring R.M. or J.P. to act High Court, application to for order requiring R.M. or J.P. to act High Court, application to for order requiring R.M. or J.P. to act 8
incapable, not to be deemed by reason of membership of local authority, payment of rates or contribution to fund maintained by such authority incapable, not to be deemed by reason of membership of local authority, payment of rates or contribution to fund maintained by such authority incapable, not to be deemed by reason of membership of local authority, payment of rates or contribution to fund maintained by such authority s.6(4) 1964 c.21
jurisdiction and functions of— jurisdiction and functions of— jurisdiction and functions of—
generally generally 3 and Sch. 1
local local 4
to determine out of petty sessions to determine out of petty sessions 18 and Sch. 1 Part II
oath of oath of oath of s.7 1964 c.21
JUVENILE COURTS JUVENILE COURTS JUVENILE COURTS JUVENILE COURTS
assigning to juvenile courts of school attendance class assigning to juvenile courts of school attendance class assigning to juvenile courts of school attendance class 15(2) and (3)
deemed to be courts of summary jurisdiction deemed to be courts of summary jurisdiction deemed to be courts of summary jurisdiction Sch. 5 para 6
power to make Rules under certain enactments, to be exercisable by Rules Committee power to make Rules under certain enactments, to be exercisable by Rules Committee power to make Rules under certain enactments, to be exercisable by Rules Committee 15(1)
savings for Magistrates' Courts (Children and Young Persons) Rules (N.I.) 1969 savings for Magistrates' Courts (Children and Young Persons) Rules (N.I.) 1969 savings for Magistrates' Courts (Children and Young Persons) Rules (N.I.) 1969 5
MAGISTRATES' COURTS MAGISTRATES' COURTS MAGISTRATES' COURTS MAGISTRATES' COURTS
geographical jurisdiction— geographical jurisdiction— geographical jurisdiction—
complaint in a civil matter complaint in a civil matter 77
criminal charges criminal charges 16, 17
debt proceedings debt proceedings 72(1)
ejectment proceedings ejectment proceedings 72(2)
meaning of meaning of 2(2)(b)
summary trial of charges in and out of petty sessions summary trial of charges in and out of petty sessions 18
MAINTENANCE ORDER (see ORDER) MAINTENANCE ORDER (see ORDER) MAINTENANCE ORDER (see ORDER) MAINTENANCE ORDER (see ORDER)
MISBEHAVIOUR IN COURT MISBEHAVIOUR IN COURT MISBEHAVIOUR IN COURT MISBEHAVIOUR IN COURT 160
MONEY MONEY MONEY MONEY
application of, found on person to satisfy sum adjudged by conviction or periodical payment application of, found on person to satisfy sum adjudged by conviction or periodical payment application of, found on person to satisfy sum adjudged by conviction or periodical payment 110
NON-APPEARANCE NON-APPEARANCE NON-APPEARANCE NON-APPEARANCE
adjournment, after— adjournment, after— adjournment, after—
in proceedings for summary offence— in proceedings for summary offence—
accused does not appear 23
complainant does not appear 26
both parties do not appear 27
adjournment of, where accused has failed to appear at adjourned hearing of proceedings for offence adjournment of, where accused has failed to appear at adjourned hearing of proceedings for offence adjournment of, where accused has failed to appear at adjourned hearing of proceedings for offence 25(4)
after court has assumed power to try indictable offence summarily after court has assumed power to try indictable offence summarily after court has assumed power to try indictable offence summarily 46(1)
at assizes or county court after indictment presented at assizes or county court after indictment presented at assizes or county court after indictment presented 40
at time appointed for trial on indictment at time appointed for trial on indictment at time appointed for trial on indictment 138
at time appointed for hearing— at time appointed for hearing— at time appointed for hearing—
of complaint for summary offence— of complaint for summary offence—
accused does not appear 23
complainant does not appear 26
both parties do not appear 27
of civil complaint— of civil complaint—
defendant does not appear 81
plaintiff does not appear 82
both parties do not appear 83
at time appointed for hearing (or adjourned hearing) of debt proceedings— at time appointed for hearing (or adjourned hearing) of debt proceedings— at time appointed for hearing (or adjourned hearing) of debt proceedings—
defendant does not appear 73(2)
plaintiff does not appear 73(3)
both parties do not appear 73(3)
at time appointed for hearing (or adjourned hearing) of ejectment proceedings— at time appointed for hearing (or adjourned hearing) of ejectment proceedings— at time appointed for hearing (or adjourned hearing) of ejectment proceedings—
defendant does not appear 73(2)
plaintiff does not appear 73(3)
both parties do not appear 73(3)
in proceedings on civil complaint— in proceedings on civil complaint— in proceedings on civil complaint—
defendant does not appear defendant does not appear 81
complainant does not appear complainant does not appear 82
both parties do not appear both parties do not appear 83
of tenant in ejectment proceedings to show cause why possession should not be given of tenant in ejectment proceedings to show cause why possession should not be given of tenant in ejectment proceedings to show cause why possession should not be given 67(4)
of accused through illness or accident of accused through illness or accident of accused through illness or accident 49
on appeal on appeal on appeal 145
on remand for indictable offence on remand for indictable offence on remand for indictable offence 20(3) and (4)
witness of witness of witness of 118(3)
NOTICE NOTICE NOTICE NOTICE
abandonment of appeal, of abandonment of appeal, of abandonment of appeal, of 150, 151 157
abandonment of excess in debt process or set-off or counterclaim abandonment of excess in debt process or set-off or counterclaim abandonment of excess in debt process or set-off or counterclaim 64 84(2)
adjournment of, where accused convicted on written plea of guilty, before passing sentence adjournment of, where accused convicted on written plea of guilty, before passing sentence adjournment of, where accused convicted on written plea of guilty, before passing sentence 10(4)
adjournment of, where accused has failed to appear at adjourned hearing of proceedings for offence adjournment of, where accused has failed to appear at adjourned hearing of proceedings for offence adjournment of, where accused has failed to appear at adjourned hearing of proceedings for offence 25(4)
adjournment of, where court has left time and place of resumed proceedings to be fixed adjournment of, where court has left time and place of resumed proceedings to be fixed adjournment of, where court has left time and place of resumed proceedings to be fixed 161(3) 162
appeal of, to county court appeal of, to county court appeal of, to county court 144(1)
appeals and applications to magistrates' court appeals and applications to magistrates' court appeals and applications to magistrates' court 76 97 to 101
application, of, to state a case application, of, to state a case application, of, to state a case 146 158
application to, estreat recognizance application to, estreat recognizance application to, estreat recognizance 138(3)(a)
application for issue of ejectment decree after postponement application for issue of ejectment decree after postponement application for issue of ejectment decree after postponement 116 131 to 133
attendance of witness, for, where witness conditionally bound to attend trial on indictment attendance of witness, for, where witness conditionally bound to attend trial on indictment attendance of witness, for, where witness conditionally bound to attend trial on indictment 39(3)
if given too late if given too late if given too late 42(4)
intention, of, to take deposition of sick or dying person intention, of, to take deposition of sick or dying person intention, of, to take deposition of sick or dying person 48
proceedings commenced by, recovery of sums ordered to be paid proceedings commenced by, recovery of sums ordered to be paid proceedings commenced by, recovery of sums ordered to be paid 109
payer and payee, to, under order for periodical payment of time and place of payment payer and payee, to, under order for periodical payment of time and place of payment payer and payee, to, under order for periodical payment of time and place of payment 104
payee, to, that payment under order for periodical payments are in arrear payee, to, that payment under order for periodical payments are in arrear payee, to, that payment under order for periodical payments are in arrear 85(5)
plea of guilty by post of plea of guilty by post of plea of guilty by post of 10
previous convictions, of previous convictions, of previous convictions, of 23(6)
right to trial by jury given to person charged with indictable offence which may be dealt with summarily right to trial by jury given to person charged with indictable offence which may be dealt with summarily right to trial by jury given to person charged with indictable offence which may be dealt with summarily 45(1) 44
sum adjudged to be payable of, in absence of defendant sum adjudged to be payable of, in absence of defendant sum adjudged to be payable of, in absence of defendant 105
transfer of fine order, of transfer of fine order, of transfer of fine order, of 109
OATH OATH OATH OATH
appointment, on, of J.P. appointment, on, of J.P. appointment, on, of J.P. s.7 1964 c.21
court to be satisfied on oath of certain matters before issuing warrant of arrest for witness court to be satisfied on oath of certain matters before issuing warrant of arrest for witness court to be satisfied on oath of certain matters before issuing warrant of arrest for witness 118(3)
evidence in magistrates' court to be on evidence in magistrates' court to be on evidence in magistrates' court to be on 121
warrant of arrest issued in first instance to be on written complaint on oath warrant of arrest issued in first instance to be on written complaint on oath warrant of arrest issued in first instance to be on written complaint on oath 20(7) 7(4)
warrant of arrest after failure to appear in court to be on written complaint on oath warrant of arrest after failure to appear in court to be on written complaint on oath warrant of arrest after failure to appear in court to be on written complaint on oath 25(1)
warrant of arrest for default in payment under order for periodical payment to be on written complaint on oath warrant of arrest for default in payment under order for periodical payment to be on written complaint on oath warrant of arrest for default in payment under order for periodical payment to be on written complaint on oath 98(2)
OFFENCE OFFENCE OFFENCE OFFENCE
adjournment of preliminary investigation into, on grounds of security etc. to another district adjournment of preliminary investigation into, on grounds of security etc. to another district adjournment of preliminary investigation into, on grounds of security etc. to another district 36 30
arrest for offence without warrant, release from police custody arrest for offence without warrant, release from police custody arrest for offence without warrant, release from police custody 130
general rules of jurisdiction for summary trial of offence general rules of jurisdiction for summary trial of offence general rules of jurisdiction for summary trial of offence 16, 17
issue of warrant where defendant resident in jurisdiction but offence committed outside Northern Ireland issue of warrant where defendant resident in jurisdiction but offence committed outside Northern Ireland issue of warrant where defendant resident in jurisdiction but offence committed outside Northern Ireland 20(6)
joint offence joint offence joint offence 16(1)
limitation period for proceedings for summary offence limitation period for proceedings for summary offence limitation period for proceedings for summary offence 19(1)(a)
limitation, none on proceedings for indictable offence limitation, none on proceedings for indictable offence limitation, none on proceedings for indictable offence 19(1)(b)
power to deal with offence committed outside jurisdiction power to deal with offence committed outside jurisdiction power to deal with offence committed outside jurisdiction 16(4)
OPEN COURT OPEN COURT OPEN COURT OPEN COURT
domestic proceedings, only certain persons to be present at hearing domestic proceedings, only certain persons to be present at hearing domestic proceedings, only certain persons to be present at hearing 89(2)
power to exclude witness from proceedings until required to give evidence power to exclude witness from proceedings until required to give evidence power to exclude witness from proceedings until required to give evidence 119
preliminary investigation, place of sitting deemed to be preliminary investigation, place of sitting deemed to be preliminary investigation, place of sitting deemed to be 35
references to preliminary investigation include preliminary inquiry references to preliminary investigation include preliminary inquiry references to preliminary investigation include preliminary inquiry Sch. 5 para 3
restrictions on reporting domestic proceedings restrictions on reporting domestic proceedings restrictions on reporting domestic proceedings 90
restrictions on reporting preliminary investigation restrictions on reporting preliminary investigation restrictions on reporting preliminary investigation 44
ORDER ORDER ORDER ORDER
amendment of, on appeal by case stated amendment of, on appeal by case stated amendment of, on appeal by case stated 145
amendment of order of magistrates' court on application to quash it amendment of order of magistrates' court on application to quash it amendment of order of magistrates' court on application to quash it 159
attachment of earnings— attachment of earnings— attachment of earnings—
consolidation of consolidation of 118
discharge of discharge of 116
disposal of sums under consolidation of disposal of sums under consolidation of 119
form of form of 111
particulars of defendant to be included in particulars of defendant to be included in 113
service of orders and notices in respect of temporary variation of service of orders and notices in respect of temporary variation of 112, 114, 120 and 121
protected earnings rate protected earnings rate 117
variation of variation of 114, 115
certificate, of certificate, of certificate, of 20
collecting officer may be ordered to receive payments under order for periodical payment collecting officer may be ordered to receive payments under order for periodical payment collecting officer may be ordered to receive payments under order for periodical payment 85
committal for failure to pay under order for periodical payment specified in Article 98(11) i.e. affiliation, maintenance, contribution, order, etc. committal for failure to pay under order for periodical payment specified in Article 98(11) i.e. affiliation, maintenance, contribution, order, etc. committal for failure to pay under order for periodical payment specified in Article 98(11) i.e. affiliation, maintenance, contribution, order, etc. 98
committal for wilful failure to satisfy decree in debt proceedings committal for wilful failure to satisfy decree in debt proceedings committal for wilful failure to satisfy decree in debt proceedings see Part VIII SI 1981/226 (NI 6) 128 to 130
committal for failure to pay sum adjudged payable committal for failure to pay sum adjudged payable committal for failure to pay sum adjudged payable 92, 93 and Sch. 3 105, 106, 110, 140 to 143, 146
costs, order for costs, order for costs, order for 163
debt and ejectment proceedings in, debt and ejectment proceedings in, debt and ejectment proceedings in, 70, 71, 73, 74, 77,
generally generally 79, 87 to 94
defined defined defined 2(3)
dismissal without prejudice in debt and ejectment proceedings dismissal without prejudice in debt and ejectment proceedings dismissal without prejudice in debt and ejectment proceedings 73(6)
dismissal without prejudice in proceedings on civil complaint dismissal without prejudice in proceedings on civil complaint dismissal without prejudice in proceedings on civil complaint 84
enforcement for, no appeal from orders under Article 98 enforcement for, no appeal from orders under Article 98 enforcement for, no appeal from orders under Article 98 143(2)
other than for payment of money, enforcement of other than for payment of money, enforcement of other than for payment of money, enforcement of 112
periodical payment order for (see Article 98(11) — means affiliation, maintenance contribution, etc.)— periodical payment order for (see Article 98(11) — means affiliation, maintenance contribution, etc.)— periodical payment order for (see Article 98(11) — means affiliation, maintenance contribution, etc.)—
copy of, to be served, when copy of, to be served, when 164
discharge, revocation, suspension, variation, etc. discharge, revocation, suspension, variation, etc. 86
domestic proceedings domestic proceedings 88(e), 89
probation order, no appeal where accused pleaded guilty probation order, no appeal where accused pleaded guilty probation order, no appeal where accused pleaded guilty 140(2)(a)
proof of non-payment under order proof of non-payment under order proof of non-payment under order 123
supervision, for, person under 21 ordered to pay on conviction supervision, for, person under 21 ordered to pay on conviction supervision, for, person under 21 ordered to pay on conviction 94
upon consent— upon consent— upon consent—
in proceedings on civil complaint in proceedings on civil complaint 80(3) 102
in debt or ejectment proceedings in debt or ejectment proceedings 70, 71
ORDER BOOK ORDER BOOK ORDER BOOK ORDER BOOK
financial penalty enforcement order to be registered in financial penalty enforcement order to be registered in financial penalty enforcement order to be registered in 107
generally generally generally 19
orders to be entered— orders to be entered— orders to be entered—
consent orders on civil complaint consent orders on civil complaint 103(1)
dismissal, whether on merits or without prejudice dismissal, whether on merits or without prejudice 103(2)
orders on appeal orders on appeal 156
supervision order supervision order 106(3)
transfer of fine order sent to England and Wales or Scotland transfer of fine order sent to England and Wales or Scotland 108
transfer of fine order from England and Wales or Scotland transfer of fine order from England and Wales or Scotland 109
verdict, alternative under Article 46(3) verdict, alternative under Article 46(3) 46
PENALTY PENALTY PENALTY PENALTY
certain periodical payments not enforceable as civil debt certain periodical payments not enforceable as civil debt certain periodical payments not enforceable as civil debt 98(12)
PENAL SUM PENAL SUM PENAL SUM PENAL SUM
reference in any enactment to be construed as including reference to a sum adjudged to be paid by a conviction reference in any enactment to be construed as including reference to a sum adjudged to be paid by a conviction reference in any enactment to be construed as including reference to a sum adjudged to be paid by a conviction Sch, 5 para 2
PERIODICAL PAYMENT (see ORDER) PERIODICAL PAYMENT (see ORDER) PERIODICAL PAYMENT (see ORDER) PERIODICAL PAYMENT (see ORDER)
PETTY SESSIONS PETTY SESSIONS PETTY SESSIONS PETTY SESSIONS
districts districts districts 11
holding of, in courthouse holding of, in courthouse holding of, in courthouse 12
J.P. either than R.M. may not sit in petty sessions J.P. either than R.M. may not sit in petty sessions J.P. either than R.M. may not sit in petty sessions 3(2)
meaning of meaning of meaning of 2(3)
PLEA PLEA PLEA PLEA
claim to trial by jury for certain summary offences of no effect unless made before plea claim to trial by jury for certain summary offences of no effect unless made before plea claim to trial by jury for certain summary offences of no effect unless made before plea 29(2) 24
plea to be entered in Order Book plea to be entered in Order Book plea to be entered in Order Book 19
procedure at summary trial procedure at summary trial procedure at summary trial 22 23
procedure on appeal procedure on appeal procedure on appeal 140
POLICE POLICE POLICE POLICE
conduct of proceedings, by conduct of proceedings, by conduct of proceedings, by 165
duty where person arrested is not released on bail duty where person arrested is not released on bail duty where person arrested is not released on bail 131
fingerprints and palm prints, taking by fingerprints and palm prints, taking by fingerprints and palm prints, taking by 61
power to release on bail for appearance before magistrates' court power to release on bail for appearance before magistrates' court power to release on bail for appearance before magistrates' court 130
search of person adjudged to pay sum by conviction or liable under order for periodical payment, where court so orders search of person adjudged to pay sum by conviction or liable under order for periodical payment, where court so orders search of person adjudged to pay sum by conviction or liable under order for periodical payment, where court so orders 110
service of summons where police prosecute service of summons where police prosecute service of summons where police prosecute 11(1)
warrants, execution by warrants, execution by warrants, execution by 158 143 to 145
warrant of arrest, endorsed for bail, where warrant of arrest, endorsed for bail, where warrant of arrest, endorsed for bail, where 129
warrant sum due under, may be received by warrant sum due under, may be received by warrant sum due under, may be received by 111 141
PRELIMINARY INQUIRY PRELIMINARY INQUIRY PRELIMINARY INQUIRY PRELIMINARY INQUIRY
adjournment— adjournment— adjournment—
generally generally 161
to another district to another district 36
committal for trial, after committal for trial, after committal for trial, after 42
complaint, statement of and written statements of evidence of witnesses, list of exhibits, etc. to be supplied to accused before inquiry complaint, statement of and written statements of evidence of witnesses, list of exhibits, etc. to be supplied to accused before inquiry complaint, statement of and written statements of evidence of witnesses, list of exhibits, etc. to be supplied to accused before inquiry 32 33
conduct of conduct of conduct of 35
corporation charged, where corporation charged, where corporation charged, where 166 and Sch. 4 36
facts to be stated on plea of guilty at trial facts to be stated on plea of guilty at trial facts to be stated on plea of guilty at trial 43
justice of peace other than R.M., by justice of peace other than R.M., by justice of peace other than R.M., by 1(2), 2(2)(b), 30(1), 42(1) and Sch. 5 para 3
notice of intention to request court to hold preliminary inquiry to be served on clerk of petty sessions notice of intention to request court to hold preliminary inquiry to be served on clerk of petty sessions notice of intention to request court to hold preliminary inquiry to be served on clerk of petty sessions 32 32
objection to objection to objection to 34
open court and exceptions open court and exceptions open court and exceptions 35
procedure at, generally procedure at, generally procedure at, generally 32 to 35 31 to 42
reading of prosecution witnesses' statements after accused discharged reading of prosecution witnesses' statements after accused discharged reading of prosecution witnesses' statements after accused discharged 37(6)
reading at court of trial of statements tendered at preliminary inquiry reading at court of trial of statements tendered at preliminary inquiry reading at court of trial of statements tendered at preliminary inquiry 42(3)
reports of preliminary inquiries reports of preliminary inquiries reports of preliminary inquiries 44 and Sch. 5 para 3
requirements as to written statements requirements as to written statements requirements as to written statements 33
statement of accused statement of accused statement of accused 34(3) and (4)
“summary proceeding” does not include “summary proceeding” does not include “summary proceeding” does not include 2(3) Sch. 5 para 3
summons or warrant to compel appearance by accused at summons or warrant to compel appearance by accused at summons or warrant to compel appearance by accused at 20 and Sch. 5 para 3
summons or warrant to compel attendance of witness at summons or warrant to compel attendance of witness at summons or warrant to compel attendance of witness at 118 Sch. 5 para 3
PRELIMINARY INVESTIGATION PRELIMINARY INVESTIGATION PRELIMINARY INVESTIGATION PRELIMINARY INVESTIGATION
adjournment adjournment adjournment
generally generally 161
to another district to another district 36 30
binding over witnesses and complainant to attend trial binding over witnesses and complainant to attend trial binding over witnesses and complainant to attend trial 39 27
committal for trial committal for trial committal for trial 37 28
complaint statement of, to be given to clerk and accused before preliminary investigation complaint statement of, to be given to clerk and accused before preliminary investigation complaint statement of, to be given to clerk and accused before preliminary investigation 25
corporation charges, where corporation charges, where corporation charges, where 166 and Sch. 4
depositions and complaint to be supplied to accused depositions and complaint to be supplied to accused depositions and complaint to be supplied to accused 29
discharge of accused discharge of accused discharge of accused 37(1)
justice of peace other than resident magistrate, by justice of peace other than resident magistrate, by justice of peace other than resident magistrate, by 2(2)(b), 30(1)
open court, in, and exceptions open court, in, and exceptions open court, in, and exceptions 35
procedure at, generally procedure at, generally procedure at, generally 30 to 39 25 to 30
restrictions on reports, of restrictions on reports, of restrictions on reports, of 44
resident magistrate, by resident magistrate, by resident magistrate, by 2(2)(b) and 30(1)
statement of accused, at statement of accused, at statement of accused, at 30(4) 26(8) to (10)
summons or warrant to compel appearance of accused, at summons or warrant to compel appearance of accused, at summons or warrant to compel appearance of accused, at 20
summons or warrant to compel attendance of witness, at summons or warrant to compel attendance of witness, at summons or warrant to compel attendance of witness, at 118
“summary proceeding” not to include “summary proceeding” not to include “summary proceeding” not to include 2(3)
written statement or part not admitted in evidence written statement or part not admitted in evidence written statement or part not admitted in evidence 40
PROBATION, ABSOLUTE OR CONDITIONAL DISCHARGE PROBATION, ABSOLUTE OR CONDITIONAL DISCHARGE PROBATION, ABSOLUTE OR CONDITIONAL DISCHARGE PROBATION, ABSOLUTE OR CONDITIONAL DISCHARGE
entry in Order Book of probation order absolute or conditional discharge entry in Order Book of probation order absolute or conditional discharge entry in Order Book of probation order absolute or conditional discharge 124
entry of Order made under s.4 or s.6 of the Probation Act 1950 upon breach of a probation order or commission of a further offence entry of Order made under s.4 or s.6 of the Probation Act 1950 upon breach of a probation order or commission of a further offence entry of Order made under s.4 or s.6 of the Probation Act 1950 upon breach of a probation order or commission of a further offence 125
notification of discharge etc. notification of discharge etc. notification of discharge etc. 126
PROCESS (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS) PROCESS (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS) PROCESS (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS) PROCESS (see DEBT PROCEEDINGS AND EJECTMENT PROCEEDINGS)
committal on enforcement process committal on enforcement process committal on enforcement process Part VIII of SI 1981/226 (NI 6) 128
committal process and order committal process and order committal process and order Part VIII of SI 1981/226 (NI 6) 129
contents of, in debt proceedings contents of, in debt proceedings contents of, in debt proceedings 84
contents of, ejectment proceedings contents of, ejectment proceedings contents of, ejectment proceedings 95
costs of, to be stated in costs of, to be stated in costs of, to be stated in 57
hearing of proceedings commenced by hearing of proceedings commenced by hearing of proceedings commenced by 73
issue of issue of issue of 72 54
service of service of service of 58 to 65
signature on signature on signature on 55
PROPERTY PROPERTY PROPERTY PROPERTY
power of court to order compensation for damage to property as result of offence other than due to motor accident power of court to order compensation for damage to property as result of offence other than due to motor accident power of court to order compensation for damage to property as result of offence other than due to motor accident Article 3 SI 1980/704 (NI 6)
PROVISO PROVISO PROVISO PROVISO
burden of proof where accused relies on proviso for defence burden of proof where accused relies on proviso for defence burden of proof where accused relies on proviso for defence 124
PUBLICATION PUBLICATION PUBLICATION PUBLICATION
reports of domestic proceedings reports of domestic proceedings reports of domestic proceedings 90
reports of preliminary investigation or inquiry reports of preliminary investigation or inquiry reports of preliminary investigation or inquiry 44 and Sch. 5 para 3
PUNISHMENT PUNISHMENT PUNISHMENT PUNISHMENT
aiders and abettors, guilty of summary offence itself aiders and abettors, guilty of summary offence itself aiders and abettors, guilty of summary offence itself 59
attempt to commit summary offence is such an offence and offender may be proceeded against, tried and punished as for completed offence attempt to commit summary offence is such an offence and offender may be proceeded against, tried and punished as for completed offence attempt to commit summary offence is such an offence and offender may be proceeded against, tried and punished as for completed offence 60(1)
attempt to commit offence in Schedule 2 (indictable offence triable summarily) attempt to commit offence in Schedule 2 (indictable offence triable summarily) attempt to commit offence in Schedule 2 (indictable offence triable summarily) Sch. 2 para 15
detention for one day in court in lieu of imprisonment detention for one day in court in lieu of imprisonment detention for one day in court in lieu of imprisonment 57(1)
maximum for indictable offence tried summarily maximum for indictable offence tried summarily maximum for indictable offence tried summarily 46(4)
maximum for consecutive terms of imprisonment maximum for consecutive terms of imprisonment maximum for consecutive terms of imprisonment 56
means to be taken into account in imposing fine as means to be taken into account in imposing fine as means to be taken into account in imposing fine as 53
witness for failing to appear, of witness for failing to appear, of witness for failing to appear, of 119(1)
witness for failing to obey order excluding him witness for failing to obey order excluding him witness for failing to obey order excluding him 119
QUALIFICATION QUALIFICATION QUALIFICATION QUALIFICATION
defendant relying on qualification as excepting him from criminal liability must prove it defendant relying on qualification as excepting him from criminal liability must prove it defendant relying on qualification as excepting him from criminal liability must prove it 124
persons disqualified from acting as justice of the peace persons disqualified from acting as justice of the peace persons disqualified from acting as justice of the peace s.6 1964 c.21
persons who are ex-officio Justices of the Peace persons who are ex-officio Justices of the Peace persons who are ex-officio Justices of the Peace s.3(1) 1964 c. 21
RECOGNIZANCE (see BAIL and ESTREAT OF RECOGNIZANCES) RECOGNIZANCE (see BAIL and ESTREAT OF RECOGNIZANCES) RECOGNIZANCE (see BAIL and ESTREAT OF RECOGNIZANCES) RECOGNIZANCE (see BAIL and ESTREAT OF RECOGNIZANCES)
acceptance of deposit of money or valuable sum in lieu of sureties acceptance of deposit of money or valuable sum in lieu of sureties acceptance of deposit of money or valuable sum in lieu of sureties 137
amount of recognizance amount of recognizance amount of recognizance 135
appearance for on adjournment appearance for on adjournment appearance for on adjournment 47
appeal— appeal— appeal—
bail on appeal to county court or by case stated bail on appeal to county court or by case stated 148
chief clerk to return to clerk of petty sessions recognizance to appeal where notice of abandonment given chief clerk to return to clerk of petty sessions recognizance to appeal where notice of abandonment given 157
clerk of petty sessions to prepare form of appeal after clerk of petty sessions to prepare form of appeal after
recognizance to appeal or prosecute appeal entered recognizance to appeal or prosecute appeal entered 154
recognizance to be sent to appeal court recognizance to be sent to appeal court 155
recognizance to prosecute appeal recognizance to prosecute appeal 149
recognizance upon appeal against order for possession of premises recognizance upon appeal against order for possession of premises 70
committal for trial— committal for trial— committal for trial—
recognizance by complainant to prosecute accused at trial and witness to attend trial recognizance by complainant to prosecute accused at trial and witness to attend trial 39(1) 27
recognizances etc., deemed to be varied when preliminary investigation or inquiry adjourned to another district recognizances etc., deemed to be varied when preliminary investigation or inquiry adjourned to another district 36(3)
recognizance of accused where committed for trial on bail recognizance of accused where committed for trial on bail 37(3) 153
surety to recognizance of accused to appear at trial may be discharged on application by surety surety to recognizance of accused to appear at trial may be discharged on application by surety 134
transmission of recognizances to court of trial transmission of recognizances to court of trial 28, 42
where witness refuses to be bound to attend trial where witness refuses to be bound to attend trial 39(5)
committal warrant may be endorsed for bail committal warrant may be endorsed for bail committal warrant may be endorsed for bail 47 153
corporation, of corporation, of corporation, of 150(7)
deposit of recognizances with clerk of petty sessions deposit of recognizances with clerk of petty sessions deposit of recognizances with clerk of petty sessions 151
deemed to be varied where person remanded on bail in his absence due to illness or accident deemed to be varied where person remanded on bail in his absence due to illness or accident deemed to be varied where person remanded on bail in his absence due to illness or accident 49
estreating recognizances estreating recognizances estreating recognizances 138
on remand after conviction for inquiry into physical or mental condition on remand after conviction for inquiry into physical or mental condition on remand after conviction for inquiry into physical or mental condition 51
person arrested, in default of making periodical payment, by person arrested, in default of making periodical payment, by person arrested, in default of making periodical payment, by 98(3), 98(4)
police— police— police—
copy of recognizance taken by police to be given to person released copy of recognizance taken by police to be given to person released 152(1)
power to release on recognizance power to release on recognizance 130
conditioning of police recognizance for appearance at magistrates' court conditioning of police recognizance for appearance at magistrates' court conditioning of police recognizance for appearance at magistrates' court 152(2)
power to extend time in police recognizance power to extend time in police recognizance power to extend time in police recognizance 130(3)
power of court to release person from custody without recognizance power of court to release person from custody without recognizance power of court to release person from custody without recognizance 132
power to order sureties to any recognizance power to order sureties to any recognizance power to order sureties to any recognizance 136
power to bind over by recognizance to keep the peace or to be of good behaviour etc. power to bind over by recognizance to keep the peace or to be of good behaviour etc. power to bind over by recognizance to keep the peace or to be of good behaviour etc. 127
surety to recognizance for good behaviour etc. may apply for discharge surety to recognizance for good behaviour etc. may apply for discharge surety to recognizance for good behaviour etc. may apply for discharge 128
taking of recognizances generally taking of recognizances generally taking of recognizances generally 150
where warrant of arrest issued, complainant may be bound by recognizance to prosecute or give evidence where warrant of arrest issued, complainant may be bound by recognizance to prosecute or give evidence where warrant of arrest issued, complainant may be bound by recognizance to prosecute or give evidence 17
RELEASE (see BAIL AND DISCHARGE) RELEASE (see BAIL AND DISCHARGE) RELEASE (see BAIL AND DISCHARGE) RELEASE (see BAIL AND DISCHARGE)
appellant, of appellant, of appellant, of 148
arrested person— arrested person— arrested person—
endorsement on arrest warrant for release on bail endorsement on arrest warrant for release on bail 129
duty of police where not released duty of police where not released 131
defaulter in making periodical payments defaulter in making periodical payments 98(3), 98(4)(b)
police power to release police power to release 130
by court without entering into recognizance by court without entering into recognizance by court without entering into recognizance 132
from custody and reduction of period of imprisonment on payment of sum due from custody and reduction of period of imprisonment on payment of sum due from custody and reduction of period of imprisonment on payment of sum due 111
from custody after arrest under warrant issued under Article 27(2)(b) or 28(4) of Judgment Enforcement Order 1981. from custody after arrest under warrant issued under Article 27(2)(b) or 28(4) of Judgment Enforcement Order 1981. from custody after arrest under warrant issued under Article 27(2)(b) or 28(4) of Judgment Enforcement Order 1981. Article 29 S.I 1981/226 (NI 6)
on bail— on bail— on bail—
on appearance before magistrates' court on appearance before magistrates' court 47 16
on committal for trial on committal for trial 37(3) 16
REMAND REMAND REMAND REMAND
adjournment, on— adjournment, on— adjournment, on—
in proceedings for an offence in proceedings for an offence 47
where preliminary investigation or inquiry adjourned to another district where preliminary investigation or inquiry adjourned to another district 36
after conviction after conviction after conviction
for inquiries for inquiries 50
for medical examination for medical examination 51 49
bail on bail on bail on 47, 48
continuous bail on continuous bail on continuous bail on 48
endorsement on remand warrant for bail endorsement on remand warrant for bail endorsement on remand warrant for bail 47 16
further remand where accused unable through illness or accident to attend further remand where accused unable through illness or accident to attend further remand where accused unable through illness or accident to attend 49
in custody in custody in custody 47, 49 to 51 50
in hospital in hospital in hospital 163
recognizances, on recognizances, on recognizances, on 150 to 153
REMUNERATION REMUNERATION REMUNERATION REMUNERATION
collecting officers collecting officers collecting officers 85(7)
resident magistrate resident magistrate resident magistrate s.12 1964 c.21
RENT RENT RENT RENT
arrears of, claim for, may be joined in process for recovery of premises arrears of, claim for, may be joined in process for recovery of premises arrears of, claim for, may be joined in process for recovery of premises 72(3)
debt, recoverable as debt, recoverable as debt, recoverable as 62
overholding tenant liable to pay amount equal to rent overholding tenant liable to pay amount equal to rent overholding tenant liable to pay amount equal to rent 69
where appeal against order for possession recognizance to cover payment of rent due or sums due under section 78 where appeal against order for possession recognizance to cover payment of rent due or sums due under section 78 where appeal against order for possession recognizance to cover payment of rent due or sums due under section 78 70
RESIDENT MAGISTRATE RESIDENT MAGISTRATE RESIDENT MAGISTRATE RESIDENT MAGISTRATE
action against action against action against 5 to 10
act in excess of jurisdiction act in excess of jurisdiction act in excess of jurisdiction 5
application to High Court where RM refuses to do act relating to duties application to High Court where RM refuses to do act relating to duties application to High Court where RM refuses to do act relating to duties 8
appointment of appointment of appointment of s.9 1964 c.21
appointment of deputy appointment of deputy appointment of deputy s.10 1964 c.21
death of, not to affect validity of document signed by death of, not to affect validity of document signed by death of, not to affect validity of document signed by 156
disqualification for acting disqualification for acting disqualification for acting s.156 1964 c.21
geographical jurisdiction geographical jurisdiction geographical jurisdiction s.9(2) 1964 c.21, 16, 17
immunity, of immunity, of immunity, of 5 to 10
legal jurisdiction legal jurisdiction legal jurisdiction 3
meaning of meaning of meaning of 2(3)
oath of oath of oath of s.9(2) 1964 c.21
out of petty sessions, sitting out of petty sessions, sitting out of petty sessions, sitting 18
pension of pension of pension of s.12(2)(b) 1964 c.21
powers of powers of powers of Sch. 5 para 6, 3, 18, 46
refusal to act refusal to act refusal to act 8
remuneration, of remuneration, of remuneration, of s.12 1964 c.21
REVIVAL REVIVAL REVIVAL REVIVAL
of order for periodical payment on civil complaint of order for periodical payment on civil complaint of order for periodical payment on civil complaint 78(2) and 86
REVOCATION REVOCATION REVOCATION REVOCATION
of order for periodical payment at any time on civil complaint of order for periodical payment at any time on civil complaint of order for periodical payment at any time on civil complaint 78(2) and 86
RULES RULES RULES RULES
functions of Magistrates' Courts Rules Committee functions of Magistrates' Courts Rules Committee functions of Magistrates' Courts Rules Committee 13 to 15 and Sch. 5 paras 5 and 7
non-compliance with Part IV of Rules not to render debt or ejectment proceedings void non-compliance with Part IV of Rules not to render debt or ejectment proceedings void non-compliance with Part IV of Rules not to render debt or ejectment proceedings void 82
power to amend debt or ejectment proceedings power to amend debt or ejectment proceedings power to amend debt or ejectment proceedings 82
“prescribed” means prescribed by Magistrates' Courts Rules “prescribed” means prescribed by Magistrates' Courts Rules “prescribed” means prescribed by Magistrates' Courts Rules 2(3)
power to make Rules as to transmission of documents to trial court or appeal court power to make Rules as to transmission of documents to trial court or appeal court power to make Rules as to transmission of documents to trial court or appeal court 37(5), 144(5)
saving for Magistrates' Courts (Children and Young Persons) Rules (NI) 1969 saving for Magistrates' Courts (Children and Young Persons) Rules (NI) 1969 saving for Magistrates' Courts (Children and Young Persons) Rules (NI) 1969 5
SEARCH SEARCH SEARCH SEARCH
person, of, adjudged to pay sum by conviction or money due under order for periodical payment person, of, adjudged to pay sum by conviction or money due under order for periodical payment person, of, adjudged to pay sum by conviction or money due under order for periodical payment 110
warrant; of, may be signed by justice of the peace where authorised by statute warrant; of, may be signed by justice of the peace where authorised by statute warrant; of, may be signed by justice of the peace where authorised by statute 3(2) Part I and para 2 of Sch. 1
warrant, of, may be executed anywhere in Northern Ireland by constable warrant, of, may be executed anywhere in Northern Ireland by constable warrant, of, may be executed anywhere in Northern Ireland by constable 158(2)
SENTENCE SENTENCE SENTENCE SENTENCE
appeal against appeal against appeal against 140 154
computation of, on appeal computation of, on appeal computation of, on appeal 153
consecutive terms of imprisonment consecutive terms of imprisonment consecutive terms of imprisonment 56
deferment of deferment of deferment of 127
postponement for inquiries or medical postponement for inquiries or medical postponement for inquiries or medical 50, 51 49
power to sentence person convicted by another court in the same county power to sentence person convicted by another court in the same county power to sentence person convicted by another court in the same county 52
separate warrants to be issued, where separate warrants to be issued, where separate warrants to be issued, where 15
suspended sentences suspended sentences suspended sentences see ss. 18 to 21 of 1968 c.29
SERVICE (see SUMMONS OR PROCESS) SERVICE (see SUMMONS OR PROCESS) SERVICE (see SUMMONS OR PROCESS) SERVICE (see SUMMONS OR PROCESS)
adjourned hearing not to be resumed unless parties and witnesses have had adequate notice adjourned hearing not to be resumed unless parties and witnesses have had adequate notice adjourned hearing not to be resumed unless parties and witnesses have had adequate notice 161(3) 162
appeal to county court, notice of appeal to county court, notice of appeal to county court, notice of 144(1) and (2) 154
application for case stated application for case stated application for case stated 146 158
appeals and applications to magistrates' courts to be on notice appeals and applications to magistrates' courts to be on notice appeals and applications to magistrates' courts to be on notice 76(1) and (2) 97, 98
application to estreat recognizance application to estreat recognizance application to estreat recognizance 138(3)
application for issue of decree, where postponed application for issue of decree, where postponed application for issue of decree, where postponed 116 131 to 134
evasion of, proof of, before issue of warrant after failure to appear in summary proceedings evasion of, proof of, before issue of warrant after failure to appear in summary proceedings evasion of, proof of, before issue of warrant after failure to appear in summary proceedings 23(2) and 25(3)
evasion of service of process, special mode of service evasion of service of process, special mode of service evasion of service of process, special mode of service 60
notice of right to be tried by jury, where accused charged with indictable offence which may be tried summarily notice of right to be tried by jury, where accused charged with indictable offence which may be tried summarily notice of right to be tried by jury, where accused charged with indictable offence which may be tried summarily 45 44
process, of— process, of— process, of—
generally generally 58 to 61
enforcement of committal process, service to be personal enforcement of committal process, service to be personal 130
summons, of— summons, of— summons, of—
a reasonable time before hearing a reasonable time before hearing 11
anywhere in Northern Ireland anywhere in Northern Ireland 157
deemed good deemed good 64
for summary offence, proof of service before hearing in absence of accused unless evading service for summary offence, proof of service before hearing in absence of accused unless evading service 23(2) and 25(3)
for summary offence, warrant not to be issued for failure to appear at adjourned hearing unless accused had notice of time and place for summary offence, warrant not to be issued for failure to appear at adjourned hearing unless accused had notice of time and place 25(4)
generally generally 11, 12, 13
on civil complaint, before hearing or adjourned hearing on civil complaint, before hearing or adjourned hearing 81(2)
postal (other than in constabulary prosecutions) postal (other than in constabulary prosecutions) 12
SET-OFF SET-OFF SET-OFF SET-OFF
debt proceedings in— debt proceedings in— debt proceedings in—
abandonment of excess abandonment of excess 64(2) 85(2)
notice of set-off or counterclaim notice of set-off or counterclaim 85(1)
STATEMENT STATEMENT STATEMENT STATEMENT
accused of— accused of— accused of—
in summary trial of indictable offence in summary trial of indictable offence 45(1) 45
at preliminary investigation at preliminary investigation 30, 37(1) 26
at preliminary inquiry at preliminary inquiry 34(3) 35(5) and (6)
by employer of wages to be evidence by employer of wages to be evidence by employer of wages to be evidence 122
opening statement of prosecutor at preliminary investigation or inquiry not to be printed or published opening statement of prosecutor at preliminary investigation or inquiry not to be printed or published opening statement of prosecutor at preliminary investigation or inquiry not to be printed or published 44, Sch. 5 para 3
STAY OF EXECUTION STAY OF EXECUTION STAY OF EXECUTION STAY OF EXECUTION
of decree in debt or ejectment proceedings of decree in debt or ejectment proceedings of decree in debt or ejectment proceedings 74
of warrant issued in criminal proceedings of warrant issued in criminal proceedings of warrant issued in criminal proceedings 114
of warrant in civil proceedings on complaint of warrant in civil proceedings on complaint of warrant in civil proceedings on complaint 114(2)
STRIKING OUT STRIKING OUT STRIKING OUT STRIKING OUT
where— where— where—
both parties fail to appear in debt or ejectment proceedings both parties fail to appear in debt or ejectment proceedings 73(3) 68
complainant fails to appear in proceedings for summary offence complainant fails to appear in proceedings for summary offence 26
complainant or both parties fail to appear in proceedings on civil complaint complainant or both parties fail to appear in proceedings on civil complaint 82, 83
SUMMARY OFFENCE SUMMARY OFFENCE SUMMARY OFFENCE SUMMARY OFFENCE
issue of summons or warrant for issue of summons or warrant for issue of summons or warrant for 20
limitation period for proceedings for limitation period for proceedings for limitation period for proceedings for 19
meaning of meaning of meaning of 2(3)
right to claim jury trial for certain summary offences right to claim jury trial for certain summary offences right to claim jury trial for certain summary offences 29 24
trial by justice of the peace out of petty sessions of certain summary offences trial by justice of the peace out of petty sessions of certain summary offences trial by justice of the peace out of petty sessions of certain summary offences 18(3) and Part II of Schedule 1 19(6)
SUMMARY PROCEEDINGS (see SUMMARY OFFENCE) SUMMARY PROCEEDINGS (see SUMMARY OFFENCE) SUMMARY PROCEEDINGS (see SUMMARY OFFENCE) SUMMARY PROCEEDINGS (see SUMMARY OFFENCE)
meaning of meaning of meaning of 2(3)
SUMMARY TRIAL (see INDICTABLE OFFENCE, OFFENCE AND SUMMARY OFFENCE) SUMMARY TRIAL (see INDICTABLE OFFENCE, OFFENCE AND SUMMARY OFFENCE) SUMMARY TRIAL (see INDICTABLE OFFENCE, OFFENCE AND SUMMARY OFFENCE) SUMMARY TRIAL (see INDICTABLE OFFENCE, OFFENCE AND SUMMARY OFFENCE)
in and out of petty sessions in and out of petty sessions in and out of petty sessions 18
of summary offence of summary offence of summary offence 22 to 27 23
of indictable offence of indictable offence of indictable offence 45, 46 and Sch. 2
SUMMONS (see FORMS) SUMMONS (see FORMS) SUMMONS (see FORMS) SUMMONS (see FORMS)
amendment of, on appeal amendment of, on appeal amendment of, on appeal 145
amendment of, in magistrates' court amendment of, in magistrates' court amendment of, in magistrates' court 154, 155
death of justice of peace signing death of justice of peace signing death of justice of peace signing 156
evading service in criminal proceedings, issue of warrant evading service in criminal proceedings, issue of warrant evading service in criminal proceedings, issue of warrant 20, 23(2) and 25(3)
failure of accused to appear, in answer to failure of accused to appear, in answer to failure of accused to appear, in answer to 23, 27
failure of defendant to appear in proceedings on civil complaint failure of defendant to appear in proceedings on civil complaint failure of defendant to appear in proceedings on civil complaint 81, 83
failure of witness to appear failure of witness to appear failure of witness to appear 118, 119
failure to pay under order for periodical payment failure to pay under order for periodical payment failure to pay under order for periodical payment 98(1)(a)
form of form of form of 6, 8
indictable offence for indictable offence for indictable offence for 20(3)
issue of— issue of— issue of—
generally generally 4, 20, 79, 98, 156 8 to 13
on civil complaint on civil complaint 79
preparation of preparation of preparation of 9
proof of service by affidavit proof of service by affidavit proof of service by affidavit 126
service of— service of— service of—
generally generally 11, 13
by registered post, when by registered post, when 13(1) to (5)
by ordinary post, when in England and Wales or Scotland by ordinary post, when in England and Wales or Scotland 12, 13(7) to (13)
witness, to witness, to witness, to 18 8, 9, 11
SUNDAY SUNDAY SUNDAY SUNDAY
issue or execution of any arrest or search warrant effectual on Sunday issue or execution of any arrest or search warrant effectual on Sunday issue or execution of any arrest or search warrant effectual on Sunday 158(5)
SUPERVISION SUPERVISION SUPERVISION SUPERVISION
of person under 21 until payment of sum adjudged to be paid by a conviction of person under 21 until payment of sum adjudged to be paid by a conviction of person under 21 until payment of sum adjudged to be paid by a conviction 94 106
SURETY (see RECOGNIZANCE) SURETY (see RECOGNIZANCE) SURETY (see RECOGNIZANCE) SURETY (see RECOGNIZANCE)
deposit of money or value security in lieu of deposit of money or value security in lieu of deposit of money or value security in lieu of 137 150(8)
discharge of, where person bound over to keep peace or be of good behaviour discharge of, where person bound over to keep peace or be of good behaviour discharge of, where person bound over to keep peace or be of good behaviour 128
generally generally generally 150 to 153
notice to, on estreat notice to, on estreat notice to, on estreat 138(3)
where not convenient for surety to attend prison, surety may enter recognizance before RM, JP or clerk of petty sessions upon production of copy of consent to bail where not convenient for surety to attend prison, surety may enter recognizance before RM, JP or clerk of petty sessions upon production of copy of consent to bail where not convenient for surety to attend prison, surety may enter recognizance before RM, JP or clerk of petty sessions upon production of copy of consent to bail 150(2), 153
SUSPENSION SUSPENSION SUSPENSION SUSPENSION
of order for periodical payment of money of order for periodical payment of money of order for periodical payment of money 86
of sentence of sentence of sentence 122, 123
TIME TIME TIME TIME
adjourned hearing, fixed for adjourned hearing, fixed for adjourned hearing, fixed for 161 162
allowed for payment of sum in proceedings on complaint other than on conviction allowed for payment of sum in proceedings on complaint other than on conviction allowed for payment of sum in proceedings on complaint other than on conviction 97 137, 138
allowed for payment of sum adjudged to be payable allowed for payment of sum adjudged to be payable allowed for payment of sum adjudged to be payable 91, 93, 94 137, 138
appeal, time on bail awaiting appeal not to count towards sentence appeal, time on bail awaiting appeal not to count towards sentence appeal, time on bail awaiting appeal not to count towards sentence 153
applicant to transmit case stated to Court of Appeal within 14 days of receiving it applicant to transmit case stated to Court of Appeal within 14 days of receiving it applicant to transmit case stated to Court of Appeal within 14 days of receiving it 146(9)
debt proceedings to be commenced debt proceedings to be commenced debt proceedings to be commenced 63
ejectment proceedings to be commenced ejectment proceedings to be commenced ejectment proceedings to be commenced 68
enlargement or abridgement of, in debt or ejectment proceedings enlargement or abridgement of, in debt or ejectment proceedings enlargement or abridgement of, in debt or ejectment proceedings 81
for statement of case by court for statement of case by court for statement of case by court 146(6)
issue or postponement of decrees in debt or ejectment proceedings issue or postponement of decrees in debt or ejectment proceedings issue or postponement of decrees in debt or ejectment proceedings 116 131
maximum duration of order binding to peace or good behaviour etc. maximum duration of order binding to peace or good behaviour etc. maximum duration of order binding to peace or good behaviour etc. 127(2)
maximum of— maximum of— maximum of—
for remand in custody for remand in custody 47, 48, 49
for remand on bail for remand on bail 47
no limit of, for making complaint charging indictable offence no limit of, for making complaint charging indictable offence no limit of, for making complaint charging indictable offence 19(1)(b)
of hearing of processes of hearing of processes of hearing of processes 61
of holding of petty sessions of holding of petty sessions of holding of petty sessions 11
of entry of process of entry of process of entry of process 66
order for periodical payment of money may be revoked, suspended, varied at any time order for periodical payment of money may be revoked, suspended, varied at any time order for periodical payment of money may be revoked, suspended, varied at any time 86
power of police to extend police bail power of police to extend police bail power of police to extend police bail 130(3)
process deemed to have issued, at what process deemed to have issued, at what process deemed to have issued, at what 54
summons to be served a reasonable time before hearing summons to be served a reasonable time before hearing summons to be served a reasonable time before hearing 11(6)
within which— within which— within which—
applications and appeals to magistrates' courts to be made applications and appeals to magistrates' courts to be made 98
application for case stated to be made application for case stated to be made 146
complaint in a civil matter to be made complaint in a civil matter to be made 78
complaint charging offence (including continuous offence) to be made complaint charging offence (including continuous offence) to be made 19
TRANSFER TRANSFER TRANSFER TRANSFER
of debt or ejectment proceedings to the county court of debt or ejectment proceedings to the county court of debt or ejectment proceedings to the county court 75
TRANSFER OF FINE ORDER (see ORDER) TRANSFER OF FINE ORDER (see ORDER) TRANSFER OF FINE ORDER (see ORDER) TRANSFER OF FINE ORDER (see ORDER) Part VII C
VARIATION VARIATION VARIATION VARIATION
of order for continuous bail of order for continuous bail of order for continuous bail 48
of order for periodical payment, at any time of order for periodical payment, at any time of order for periodical payment, at any time 86
of time of appearance in summons, where proceedings adjourned of time of appearance in summons, where proceedings adjourned of time of appearance in summons, where proceedings adjourned 161(4)
VENUE VENUE VENUE VENUE
of debt or ejectment proceedings of debt or ejectment proceedings of debt or ejectment proceedings 72(1) and (2)
of proceedings in magistrates' court for offence of proceedings in magistrates' court for offence of proceedings in magistrates' court for offence 16, 17
of proceedings on complaint in a civil matter of proceedings on complaint in a civil matter of proceedings on complaint in a civil matter 77(3)
of summary trial of aider and abettor of summary trial of aider and abettor of summary trial of aider and abettor 59
WARRANT (see FORMS) WARRANT (see FORMS) WARRANT (see FORMS) WARRANT (see FORMS)
arrest of— arrest of— arrest of—
after indictment presented after indictment presented 40(3)
endorsement for bail endorsement for bail 37(3), 47(1), 130 16
for indictable offence for indictable offence 20(3) and (4)
for non-appearance before magistrates' court for non-appearance before magistrates' court 20(4), 23
for non-payment of sum under order for periodical payment specified in Article 98(11) of the Order for non-payment of sum under order for periodical payment specified in Article 98(11) of the Order 98(1)(b), 98(4)(b)
for summary offence for summary offence 20(5)
form of form of 14
of witness of witness 118
person about to abscond to evade trial person about to abscond to evade trial 134
to show cause why person should not be bound over to be of good behaviour etc. to show cause why person should not be bound over to be of good behaviour etc. 127(4)
where offence committed outside Northern Ireland if indictment can be preferred where offence committed outside Northern Ireland if indictment can be preferred 20(6)
commitment of— commitment of— commitment of—
direction that person searched under Article 110 to be endorsed on warrant direction that person searched under Article 110 to be endorsed on warrant 139
discharge from prison of discharge from prison of 14, 16(3), 143(2)
endorsement of consent to bail on remand or committal warrant endorsement of consent to bail on remand or committal warrant 16
for failure to pay sum adjudged to be paid by a conviction for failure to pay sum adjudged to be paid by a conviction 91(8), 92, 93, 94
for failure to pay sum under order for periodical payment specified in Article 98(11) of the Order for failure to pay sum under order for periodical payment specified in Article 98(11) of the Order 98(5)
the failure to enforce order other than for payment of money the failure to enforce order other than for payment of money 112(3) to (6)
on committal for trial on committal for trial 37
postponement of issue pending appeal postponement of issue pending appeal 117
review of, application for review of, application for 147
separate warrant for each sentence imposed separate warrant for each sentence imposed 15
to enforce order on appeal to enforce order on appeal 152
where person ordered to be returned to prison under Article 3 of the Treatment of Offenders (Northern Ireland) Order 1966 where person ordered to be returned to prison under Article 3 of the Treatment of Offenders (Northern Ireland) Order 1966 15(5) and (6)
distress of— distress of— distress of—
execution of by police execution of by police 115,158 141 to 145
execution of arrest warrant where not is possession of arresting constable execution of arrest warrant where not is possession of arresting constable 158(4)
failure to execute failure to execute 115(2) to (4)
form of form of 6, 14
issue, postponement or stay of execution of issue, postponement or stay of execution of 114
issue where alleged defect of jurisdiction in order of court issue where alleged defect of jurisdiction in order of court 7
re-issue of unexecuted warrant re-issue of unexecuted warrant 115(3)
release by police of person arrested without warrant release by police of person arrested without warrant 130
to levy sum adjudged to be payable to levy sum adjudged to be payable 92 144
to levy sum recovered in proceedings commenced by notice to levy sum recovered in proceedings commenced by notice 109 144, 145
to levy sum ordered on estreat of recognizance to levy sum ordered on estreat of recognizance 138(4) 144
validity not affected by death of signatory validity not affected by death of signatory 156
withdrawal of warrant withdrawal of warrant 158(1) 18
WITNESS WITNESS WITNESS WITNESS
attendance at court, summons or warrant for, to give evidence or produce document or thing attendance at court, summons or warrant for, to give evidence or produce document or thing attendance at court, summons or warrant for, to give evidence or produce document or thing 118
binding over of witnesses who have deposed at preliminary investigation to attend trial of accused binding over of witnesses who have deposed at preliminary investigation to attend trial of accused binding over of witnesses who have deposed at preliminary investigation to attend trial of accused 39 27
dying person able and willing to give evidence relating to indictable offence, deposition of dying person able and willing to give evidence relating to indictable offence, deposition of dying person able and willing to give evidence relating to indictable offence, deposition of 41 48
evidence before court to be on oath evidence before court to be on oath evidence before court to be on oath 121
expenses, of, to be included in costs expenses, of, to be included in costs expenses, of, to be included in costs 164 s.46(2) of 1954 c.33
failure of witness to enter recognizance to attend at trial on indictment failure of witness to enter recognizance to attend at trial on indictment failure of witness to enter recognizance to attend at trial on indictment 39(5)
may be directed to be excluded from court until required to give evidence may be directed to be excluded from court until required to give evidence may be directed to be excluded from court until required to give evidence 119(2)
offence, by, where failure to appear at time and place appointed by summons offence, by, where failure to appear at time and place appointed by summons offence, by, where failure to appear at time and place appointed by summons 119(1)
person so ill as to be unable to travel or whose attendance before court cannot be conveniently procured, deposition of person so ill as to be unable to travel or whose attendance before court cannot be conveniently procured, deposition of person so ill as to be unable to travel or whose attendance before court cannot be conveniently procured, deposition of 28 48
reading at court of trial of deposition of witness who is dead, insane, so ill as to be unable to travel or kept out of the way by procurement of accused or of conditionally bound witness notice for whose attendance is given too late reading at court of trial of deposition of witness who is dead, insane, so ill as to be unable to travel or kept out of the way by procurement of accused or of conditionally bound witness notice for whose attendance is given too late reading at court of trial of deposition of witness who is dead, insane, so ill as to be unable to travel or kept out of the way by procurement of accused or of conditionally bound witness notice for whose attendance is given too late 42
recall of, for cross-examination after court has determined to try indictable offence summarily recall of, for cross-examination after court has determined to try indictable offence summarily recall of, for cross-examination after court has determined to try indictable offence summarily 45(3)
refusal, of, to testify etc. without just excuse refusal, of, to testify etc. without just excuse refusal, of, to testify etc. without just excuse 120
YOUNG PERSON YOUNG PERSON YOUNG PERSON YOUNG PERSON
saving for Magistrates' Courts (Children and Young Persons) Rules (NI) 1969 saving for Magistrates' Courts (Children and Young Persons) Rules (NI) 1969 saving for Magistrates' Courts (Children and Young Persons) Rules (NI) 1969 5
service of summons on service of summons on service of summons on 11(4)

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.