Magistrates' Courts (Sex Offender Orders) (Amendment) Rules (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 32

MAGISTRATES' COURTS

Magistrates' Courts (Sex Offender Orders) (Amendment) Rules (Northern Ireland) 2003

Made

18th January 2003

Coming into operation

10th February 2003

The Lord Chancellor, in exercise of the powers conferred on him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981(1), and all other powers enabling him in that behalf, on the advice of the Magistrates' Courts Rules Committee and after consultation with the Lord Chief Justice, hereby makes the following Rules:–

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Magistrates' Courts (Sex Offender Orders) (Amendment) Rules (Northern Ireland) 2003 and shall come into operation on 10th February 2003.

(2) In these Rules, “the principal Rules” means the Magistrates' Courts (Sex Offender Orders) Rules (Northern Ireland) 1999(2).

Amendment of the principal Rules

2.—(1) After Rule 3 of the principal Rules, there shall be inserted the following new Rule:

“Proceedings in respect of interim sex offender order

3A.— (1) A summons issued on foot of a complaint for an interim sex offender order under Article 6A(2) of the 1998 Order shall be in Form 1 in the Schedule.

(2) An interim sex offender order shall be in Form 4 in the Schedule.

(3) A summons issued on foot of a complaint under Article 6A(6) of the 1998 Order (variation or discharge of interim sex offender order) shall be in Form 3 in the Schedule, and such proceedings shall be in a court of summary jurisdiction acting for the petty sessions district in which the interim sex offender order was made.”.

(2) In Rule 4 of the principal Rules, there shall be inserted after the words “a sex offender order”, in each of the four places in which they appear, the words “or interim sex offender order”.

(3) For the Schedule to the principal Rules, there shall be substituted the Schedule to these Rules.

Irvine of Lairg, C.

Dated 18th January 2003.

Rule 2(3)

SCHEDULE

(Articles 6(2) and 6A(2), Rules 3 and 3A)

Form 1 Criminal Justice (Northern Ireland) Order 1998Magistrates' Courts (Sex Offenders Orders) Rules (Northern Ireland) 1999

(Article 6, Rule 3)

Form 2 Criminal Justice (Northern Ireland) Order 1998Magistrates' Courts (Sex Offender Orders) Rules (Northern Ireland) 1999

(Article 6(6) and A(6), Rules 3 and 3A)

Form 3 Criminal Justice (Northern Ireland) Order 1998Magistrates' Courts (Sex Offender Orders) Rules (Northern Ireland) 1999

(Article 6A, Rule 3A)

Form 4 Criminal Justice (Northern Ireland) Order 1998Magistrates' Courts (Sex offenders Order) Rules (Northern Ireland) 1999

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the Magistrates' Courts (Sex Offender Orders) Rules (Northern Ireland) 1999 to prescribe the procedure on an application for an interim sex offender order, and for the variation and discharge of such an order.

(1)

S.I. 1981/1675 (N.I. 26)

(2)

S.R. 1999 No. 224