Magistrates' Courts (Amendment No. 2) Rules (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the Magistrates' Courts Rules (Northern Ireland 1984 (“the principal Rules”) in consequence of the Criminal Justice (Northern Ireland) Order 1996 (“the Order”). The Order provides a sentencing framework which lays down procedural requirements which a court must observe before imposing certain sentences and makes two new disposals (a combination order and a custody probation order) available to the court. The Order restates with some amendments, provision made in the Probation Act (Northern Ireland) 1950 and Part III of the Treatment of Offenders (Northern Ireland) Order 1976. The Order further makes provision with respect to mentally disordered offenders and to release on licence of sex offenders.

The Rules more specifically—

(1) restate provision made in the principal Rules in relation to orders for absolute or conditional discharge (new Rule 125);

(2) restate, and extend provision made in the principal Rules in relation to probation orders, to community service orders and combination orders (new Rule 126);

(3) provide the procedure for the committal of an offender to the Crown Court under Schedule 2 to the Order (new Rule 126A);

(4) provide for the entry in the Order Book of statements, a court is required to make in accordance with the Order (new Rule 125A); and provides that such entries must be forwarded to an appellate court (Rule 7);

(5) prescribe the procedure (and forms) for the committal of an offender, released on licence under Article 26, to the Crown Court under Article 28(2)(b) (new Rule 126B);

(6) prescribe the procedure (and forms) to take account of the supervisory role placed on a court of summary jurisdiction in relation to supervision and treatment orders (a new means of disposal available to the Crown Court on a finding of insanity or unfit to be tried) (new Rule 147A).

The Rules replace a number of Forms, previously prescribed in the Probation Rules (Northern Ireland) 1950 (S.R. 1950 No. 58).