The Magistrates’ Courts (Criminal Justice (Children)) (Amendment) Rules (Northern Ireland) 2008

Made16th June 2008

Coming into operation in accordance with Rule 1

The Magistrates’ Courts Rules Committee makes the following Rules in exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 19811 after consultation with the Lord Chancellor and with the agreement of the Lord Chief Justice—

Citation and commencement1

1

These Rules may be cited as the Magistrates’ Courts (Criminal Justice (Children)) (Amendment) Rules (Northern Ireland) 2008 and, subject to paragraph (2), shall come into operation on the 16th July 2008.

2

Rule 2(1) shall come into operation on the same day as Article 92 of the Criminal Justice (Northern Ireland) Order 20082 comes into operation.

Amendment of the Magistrates’ Courts (Criminal Justice (Children)) Rules (Northern Ireland) 19992

The Magistrates’ Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999 3 are amended as follows:—

1

In Form 3 of Schedule 1—

a

in the heading, at the end, insert—

CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2003
(Article 6)
CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2008
(Article 92)

b

for “the [youth][magistrates’] court sitting at (place)”, substitute “a [youth][magistrates’] court in accordance with Article 92 of the Criminal Justice (Northern Ireland) Order 2008”; and

c

for “Superintendent of the Royal Ulster Constabulary”, substitute “District Commander of the Police Service of Northern Ireland”.

2

After Form 18 of Schedule 1, insert new Form 18A as set out in the Schedule to these Rules.

George ConnerW A McNallyNigel BroderickJohn ReaJohn P B MaxwellDated 16th June 2008

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Magistrates’ Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999 [S.R.1999 No.7] (“the principal Rules”) in consequence of the Criminal Justice (Northern Ireland) Order 2008 (‘the 2008 Order’).

Rule 2(1) amends Form 3 of the principal Rules (Warrant for arrest of child) to show that the execution of the warrant may be proved in County Court Divisions other than the one in which it was issued, in accordance with Article 92 of the 2008 Order.
Rule 2(2) inserts a new form of warrant to be used where a court passes an indeterminate or extended custodial sentence on a child under Article 13 or 14 of the 2008 Order.