The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2014

Amendment to the Magistrates’ Courts Rules (Northern Ireland) 1984

2.  The Magistrates’ Courts Rules (Northern Ireland) 1984(1) are amended as follows—

(1) In Rule 11(3A) after sub-paragraph (b) insert—

“(c) by sending a copy of the summons by registered post or by the recorded delivery service in an envelope addressed to the person to be served at his usual or last known place of abode.”

(2) In Rule 105—

(a) In paragraph (1) for “will result in the issue of-” substitute “may result in a Fine Default Hearing at which the court will consider enforcement of the sum under Article 92 of the Order.”;

(b) Omit sub-paragraphs (1)(a) and (b);

(c) For paragraph (2) substitute—

“(2) Where a person has defaulted in paying a sum adjudged to be paid by conviction or any instalment or part of such sum, the clerk of petty sessions may apply to a district judge (magistrates’ courts) for the issue of a notice in Form 60C to the defendant notifying him of the date, time and place of the Fine Default Hearing and advising him of his right to attend the hearing, to make representations and to apply for legal aid.”;

(d) In paragraph (3)—

(i) For “this Rule” substitute “paragraph (1) and paragraph (2B)”; and

(ii) For “offender” substitute “defendant”;

(e) After paragraph (3) insert—

“(4) A district judge (magistrates’ courts) may direct that a notice under paragraph (2) may be served by–

(a) delivering a copy to the defendant or by leaving it for him with some person apparently over the age of sixteen years at his usual or last known place of abode or his place of business;

(b) sending a copy of the notice by ordinary post in an envelope addressed to the defendant at his usual or last known place of abode; or

(c) sending a copy of the notice by registered post or the recorded delivery service in an envelope addressed to the defendant at his usual or last known place of abode.

(5) A notice under paragraph (2) shall be served a reasonable time before the Fine Default Hearing.

(6) The person who serves the notice under paragraph (2) shall complete and sign the certificate of service on the original notice.

(7) If the defendant fails to appear in person or by his legal representative in response to a notice of a Fine Default Hearing served under sub-paragraph 4(b) or (c), such service shall not be valid unless an acknowledgement of service appearing to be signed by the defendant or his solicitor is produced to the court.

(8) Unless the contrary is proved, the signed acknowledgement of service shall be taken as proof of service and the notice shall be deemed to have been served at the time at which the envelope containing it would have been delivered in the ordinary course of post.”

(3) For Form 60, substitute the new Form 60 set out in the Schedule to these Rules.

(4) After Form 60B insert new Form 60C set out in the Schedule to these Rules.

(1)

S.R. 1984 No. 225; to which the most recent relevant amendments were made by S.R. 2008 No. 251, S.R. 2009 No. 310 and S.R. 2012 No. 189