Magistrates' Courts (Domestic Proceedings) Rules (Northern Ireland) 1996

• (4) When deciding whether to make a direction under paragraph (3) the court shall have regard in particular to—

• (a) any views expressed by P;

• (b) any views expressed by a party other than P;

• (c) the nature and extent of the information before the court;

• (d) the issues arising in the proceedings;

• (e) whether any of the measures specified in paragraph (5) would, in its opinion, be likely to improve the quality of evidence given by P, or their participation in the proceedings; and

• (f) the availability of the measure to the court.

• (5) The measures which may be directed by the court under this rule are those which—

• (a) prevent P from seeing another party or witness; or

• (b) allow P to participate in the proceedings and give evidence by live link.

• (6) The court shall consider whether to make a direction under paragraph (3) either—

• (a) on the written request in Form SM of a party, at the commencement of the proceedings or as soon as practicable after, filed and served on the other parties; or

• (b) of its own motion having given the parties notice of its intention to do so and an opportunity to attend and be heard, or to make written representations.

• (7) In an urgent case, a request under paragraph 6(a) may, with the leave of the court, be made orally.

• (8) Subject to paragraph (7), on receipt of a written request under paragraph 6(a) the clerk of petty sessions shall fix a date for the hearing of the request and give not less than 2 days’ notice to the parties of the date so fixed.

• (9) Where every other party has given their consent in writing to the direction which is sought, the court may grant the request without a hearing and the clerk of petty sessions shall inform the parties of the decision.

• (10) The court may vary or revoke a direction made under paragraph (3).

• (11) A direction made under paragraph (3) which is still in force immediately prior to the transfer of proceedings to another court shall continue to apply following the transfer subject to any changes of terminology which are required to apply the direction to the court to which the proceedings are transferred, unless varied or discharged.

• (12) The court shall take a note of the making, variation or revocation of a direction under this rule and serve, as soon as practicable, a copy of the note on any party who was not present at the making, variation or revocation.

Entries in the Order Book

FORM SM

Form SM – Rule 15B(6)(a)

APPLICATION FOR SPECIAL MEASURES DIRECTION (VICTIM OF ABUSIVE BEHAVIOUR) UNDER RULE 15B