The Magistrates' Courts (Children’s Evidence) (Notices of Transfer) Rules (Northern Ireland) 1996

Citation and commencement

1.  These Rules may be cited as the Magistrates' Courts (Children’s Evidence) (Notices of Transfer) Rules (Northern Ireland) 1996 and shall come into operation on 8th April 1996.

Interpretation

2.—(1) In these Rules—

“the Order” means the Children’s Evidence (Northern Ireland) Order 1995(1) and a reference to an Article or Schedule by number is a reference to the Article or Schedule so numbered in the Order;

“notice of transfer” means a notice referred to in Article 4(1).

(2) Any reference in these Rules to a form by number is a reference to that form so numbered in the Schedule to these Rules.

Transfer in custody

3.  Where a magistrates' court, in exercise of the power conferred by paragraph 2(1) of Schedule 1, orders a person to be kept in custody, a warrant of commitment in Form 1 shall be issued.

Notification of enlargement of recognizance

4.  Where a magistrates' court, in exercise of the power conferred by paragraph 2(5)(b) of Schedule 1 enlarges, in a surety’s absence, a recognizance conditioned in accordance with Article 47(1)(b) or 48 of the Magistrates' Courts (Northern Ireland) Order 1981, the clerk of petty sessions shall notify the surety of the decision of the court and inform him that he is bound to secure that the person charged appears before the Crown Court.

Documents to be sent to Crown Court

5.  As soon as practicable and in any event within 7 days after a magistrates' court to which a notice of transfer has been given has discharged the functions reserved to it under Article 4(3), the clerk of petty sessions shall send to the chief clerk of the Crown Court—

(a) the complaint, if it is in writing;

(b) any recognizance entered into by any person in connection with the proceedings, together with a note of any enlargement thereof;

(c) any documents or exhibits produced in evidence before the court which have been retained by him;

(d) a copy of any criminal legal aid certificate granted by the court.

Mackay of Clashfern, C.

Dated 27th March 1996.