The Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Rules.)

These Rules are made in connection with the provision made by sections 54 and 55 of the Criminal Procedure and Investigations Act 1996 (“the Act”) for an application to be made to the High Court for an order quashing a person’s acquittal of an offence. Under section 54(3) of the Act, an application may be made to the High Court for such an order where:

(a) a person has been convicted of an administration of justice offence involving interference with or intimidation of a juror or a witness (or potential witness) in any proceedings which led to the acquittal; and

(b) the court before which the above conviction takes place certifies (under section 54(2) of the Act) that it appears to the court that there is a real possibility that, but for the interference or intimidation, the acquitted person would not have been acquitted and that it is not contrary to the interests of justice to take proceedings against the acquitted person for the offence of which he has been acquitted.

Rule 2 provides that certification by a court of summary jurisdiction under section 54(2) of the Act shall be made at any time following the above conviction, but no later than immediately after the court sentences or otherwise deals with the convicted person in respect of the offence, or where, in the case of a child or young person, the court remits him to a juvenile court to be dealt with, immediately after he is so remitted or where the court adjourns the case to a court of summary jurisdiction sitting for a different petty sessions district, immediately before the case is so adjourned.

Rule 3 provides for the form in which certification under section 54(2) of the Act is to be drawn up.

Rule 4 provides for the persons on whom a copy of Form 1 is to be served and for the manner of such service.

Rule 5 provides for the making of an entry in the Order Book of the court which has made the certification under section 54(2), in relation to the conviction which occasioned the certification, of details relating to the certification.

Rule 6 provides for the making of an entry in the Order Book of the court before which an acquittal has taken place (which acquittal is the subject of a certification order under section 54(2) of the Act) in relation to the acquittal, of details relating to the certification.

Rule 7 provides for the public display of a copy of Form 1 by a court of summary jurisdiction which has made a certification under section 54(2) of the Act and further provides for the public display by a court of summary jurisdiction before which an acquittal has taken place, of a copy of the form of certification relating to the acquittal (being Form 1 where the certification is made by a court of summary jurisdiction) a copy of which is received by the clerk of petty sessions from another court.

Rule 8 refers to the making of an order by the High Court under section 54(3) of the Act, quashing an acquittal, or the making of a decision by the High Court not to quash an acquittal, and provides, where certification in relation to that acquittal has been made by a court of summary jurisdiction or the acquittal has taken place before a court of summary jurisdiction, for the making of an entry by the clerk of petty sessions of the court before which the acquittal has taken place or by the clerk of petty sessions of the court which has made the certification in relation to the acquittal, as the case may be, in the Order Book of that court, of the fact that such an order or decision has been made.

Rule 9 provides for the public display, by a court of summary jurisdiction, of a copy of the notice received from the High Court of such an order or decision.