The Magistrates' Courts (Criminal Justice (Children)) (Amendment) Rules (Northern Ireland) 2003 No. 478

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2003 No. 478
MAGISTRATES' COURTS
The Magistrates' Courts (Criminal Justice (Children)) (Amendment) Rules (Northern Ireland) 2003

	Made	17th November 2003
	Coming into operation	18th December 2003

The Lord Chancellor, in exercise of the powers conferred upon him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981[1], 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 (Criminal Justice (Children)) (Amendment) Rules (Northern Ireland) 2003 and shall come into operation on 18th December 2003.

    (2) In these Rules, a reference to a Schedule or a Form by a number means the Schedule or Form so numbered in the Magistrates' Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999[2].

Amendment to the principal Rules
     2. Schedule 1 shall be amended as follows:

Signed by the authority of the Lord Chancellor

Lord Filkin
Parliamentary Under Secretary of State, Department for Constutional Affairs

Dated 17th November 2003

SCHEDULERule 2

FORMS TO BE SUBSTITUTED OR INSERTED IN THE MAGISTRATES' COURTS (CRIMINAL JUSTICE (CHILDREN)) RULES (NORTHERN IRELAND) 1999

FORM 17
(Article 36(1))

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Article 127)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Recognizance by [Parent] [Guardian] for Good Behaviour of Child

of		}
		}	Petty Sessions District of
	Complainant	}
of		}
		}	County Court Division of
	Defendant	}

WHEREAS (insert name) (hereinafter called the Defendant) being a child, was on the      day of found guilty of      the following offence(s): (insert brief particulars of offence)

AND WHEREAS the court has ordered the [parent] [guardian] of the said Defendant to enter into a recognizance as security for his good behaviour, in particular the Defendant shall not     (specify types of behaviour from which the Defendant must refrain).

The undersigned (name)     , of (address)     , the [parent] [guardian] of the said Defendant, hereby acknowledges h self as bound to forfeit to the Crown the sum of Ј     in case the Defendant fails to be of good behaviour, in particular (specify types of behaviour from which the Defendant must refrain) -

for the period of      now next ensuing.

Parent [Guardian].

Taken and acknowledged before me this      day of

Justice of the Peace

[Clerk of Petty Sessions]

FORM 42
(Article 36A)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Rules 14 and 126)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Reparation Order

of		}
		}	Petty Sessions District of
	Complainant	}
of		}
		}	County Court Division of
	Defendant	}

WHEREAS the above-named defendant being a child having been born so far as can be ascertained on (date) , was on the (date) found guilty by a [youth] [magistrate's] court sitting at (place) of the following offence(s): (state shortly particulars of offence)

AND on the (date) , a youth court [having considered a pre-sentence report] is of the opinion that the offence or the combination of the offence and one or more other offences associated with it, is serious enough to warrant a reparation order.

AND the court also considered a report indicating the type of requirements that it would be appropriate to impose on the offender, and the attitude of the victim[s] of the offence to the requirements proposed to be included in the order.

AND the court has explained in ordinary language to the defendant:

And the defendant has consented to the making of this order.

[The person(s) to whom the offender is required to make reparation [has] [have] consented to the making of such reparation]

IT IS ORDERED that the defendant, who [resides] [will reside] in the petty sessions district of     , shall within the period of six months beginning with the date of this order, be required to make reparation to [(name of victim or other person affected by the offence)      ] [the community at large] by way of (specify details of reparation) -

for a period of (specify number of hours not exceeding 24)      hours.

The responsible officer shall be (specify responsible officer)     .

Dated this      day of      20    .

Resident Magistrate

[Clerk of Petty Sessions]

FORM 43
(Article 36E)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Rules 14 and 126)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Community Responsibility Order

of		}
		}	Petty Sessions District of
	Complainant	}
of		}
		}	County Court Division of
	Defendant	}

WHEREAS the above-named defendant being a child having been born so far as can be ascertained on (date) , was on the (date) found guilty by a [youth] [magistrates'] court sitting at (place) of the following offence(s): (state shortly particulars of offence)

AND on the (date) , a youth court [having considered a pre-sentence report] is of the opinion that the offence or the combination of the offence and one or more other offences associated with it, is serious enough to warrant a Community Responsibility Order.

AND the court has explained in ordinary language to the defendant:

And the defendant has consented to the making of this order.

IT IS ORDERED that the defendant, who [resides] [will reside] in the petty sessions district of     , shall within the period of six months beginning with the date of this order comply with the following requirements:

     1. That he shall attend at (place)      at such times as he may be instructed by the responsible officer namely (specify responsible officer)     for (specify number of hours) relevant instruction in citizenship.

     2. That he shall carry out (specify number of hours) of such practical activities as the responsible officer considers appropriate in light of that instruction, at such times as he may be so instructed to carry them out.

     3. That he shall keep in touch with the responsible officer in accordance with such instructions as he may be given by that officer and notify him of any change of address.

[The court directs that such hours of instruction and activities shall be [concurrent with] [additional to] the hours specified in the community responsibility order(s) made on (date)      for      hours instruction and      hours activities [respectively].]

Dated this      day of      20    .

Resident Magistrate

[Clerk of Petty Sessions]

NOTE:

Instructions given by the responsible officer must, as far as practicable, be such to avoid -

FORM 44
(Article 36J)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Rule 14)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Youth Conference Order

of		}
		}	Petty Sessions District of
	Complainant	}
of		}
		}	County Court Division of
	Defendant	}

WHEREAS the above-named defendant being a child having been born so far as can be ascertained on (date) , was on the (date) found guilty by a [youth] [magistrates] court sitting at (place) of the following offence(s): (state shortly particulars of offence)

AND on the (date) , a youth court is of the opinion that the offence or the combination of the offence and one or more other offences associated with it, is serious enough to warrant a Youth Conference Order.

AND the court has explained in ordinary language to the defendant:

[The court, before varying the requirements specified in the youth conference plan, consulted the youth conference co-ordinator]

And the defendant has consented to the making of this order.

IT IS ORDERED that the defendant, who [resides] [will reside] in the petty sessions district of     , shall from (date)      , be required to comply with the requirements specified in the youth conference plan [as varied by the court in the following manner:

     ].

Dated this      day of      20    .

Resident Magistrate

[Clerk of Petty Sessions]

FORM 45
(Schedule 1A, paragraph 2)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Rule 126)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Notice of application for failure to comply with requirement(s) of [reparation] [community responsibility] [youth conference] order

of		}
		}	Petty Sessions District of
	Applicant	}
of		}
		}	County Court Division of
	Defendant	}

WHEREAS the above-named defendant being a child having been born so far as can be ascertained on (date)     , was on the (date)      [found guilty by a youth/magistrates' court for the petty sessions district of ] [convicted by the Crown Court sitting at (place) ] of the following offence(s): (state shortly particulars of offence)

AND that on the (date)      the said court made a [reparation] [community responsibility] [youth conference] order requiring the said defendant to (here set out requirement which is contravened)

AND the said defendant did on (date)      fail to comply with the last-mentioned requirement [in as much as he (here set out particulars of breach)

].

TAKE NOTICE that I intend to apply to the youth court acting for the petty sessions district of      sitting at (place)      on the (date)     , that the defendant should be dealt with according to the law for his failure to comply with the said order.

Dated this      day of      20    .

Applicant

To the said defendant.

FORM 46
(Schedule 1A, paragraphs 2 and 8)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Rules 8 and 126)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Summons to Defendant for failure to comply with requirement(s) of [reparation] [community responsibility] [youth conference] order

of		}
		}	Petty Sessions District of
	Applicant	}
of		}
		}	County Court Division of
	Defendant	}

WHEREAS an application has been made by      of      that on (date)     , you the above-named defendant being a child having been born so far as can be ascertained on (date)     , were on the (date)      [found guilty by a youth/magistrates' court for the petty sessions district of ] [convicted by the Crown Court sitting at (place) ] of the following offence(s): (state shortly particulars of offence)

AND that on the (date)      the said court made a [reparation] [community responsibility] [youth conference] order requiring you to (here set out requirement which is contravened)

AND whereas by the said application, it is further alleged that you did on (date)      fail to comply with the last-mentioned requirement of the said order [in as much as you (here set out particulars of breach) ].

[AND whereas you (insert name)     , are the [parent] [guardian] of the said child.]

THIS IS TO COMMAND [EACH OF] YOU, to appear before the youth court acting for the petty sessions district of      sitting at (place)      on (date)      at (time)      on the hearing of the said application.

Dated this      day of      20    .

Resident Magistrate

[Clerk of Petty Sessions]

To the said defendant(s)

FORM 47
(Schedule 1A, paragraphs 2 and 8)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Rules 14, 126 and 143)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Warrant for Arrest of child on an application for failure to comply with requirement(s) of [reparation] [community responsibility] [youth conference] order

of		}
		}	Petty Sessions District of
	Applicant	}
of		}
		}	County Court Division of
	Defendant	}

WHEREAS an application has been made by      of      that on (date)     , you the above-named defendant being a child having been born so far as can be ascertained on (date)     , were on the (date)      [found guilty by a youth/magistrates' court for the petty sessions district of     ] [convicted by the Crown Court sitting at (place)     ] of the following offence(s): (state shortly particulars of offence)

AND that on the (date)      the said court made a [reparation] [community responsibility] [youth conference] order requiring the said defendant to (here set out requirement which is contravened) and by the said application, it is further alleged that you did on (date)     fail to comply with the last-mentioned requirement of the said order [in as much as you (here set out particulars of breach)     .]

THIS IS TO COMMAND YOU, to whom this warrant is addressed, to arrest the said      and to bring him before the youth court acting for the petty sessions district of      sitting at (place)      to answer to the said application.

Dated this      day of      20    .

Resident Magistrate

To the District Commander of the Police Service of Northern Ireland at

Note: This form may be endorsed for bail as on Form 4.

NOTE:

Where the offender cannot be brought immediately before the court by which the warrant was issued, the person in whose custody he is -

FORM 48
(Schedule 1A, paragraphs 3 and 4)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Rules 14 and 126)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Order on failure to comply with requirement(s) of [reparation] [community responsibility] [youth conference] order

of		}
		}	Petty Sessions District of
	Applicant	}
of		}
		}	County Court Division of
	Defendant	}

WHEREAS the defendant being a child having been born so far as can be ascertained on (date)     , was on the (date)      [found guilty by a youth/magistrates' court for the petty sessions district of     ] [convicted by the Crown Court sitting at (place)     ] of the following offence(s): (state shortly particulars of offence)

AND that on the (date)      the said court made a [reparation] [community responsibility] [youth conference] order which required him to (here set out requirement which is contravened)

and by the said application, it is further alleged that the defendant did on (date)      fail to comply with the last mentioned requirement of the said order [in as much as he (here set out particulars of breach)     ].

AND WHEREAS on the (date)      a youth court acting for the petty sessions district of      sitting at (place)      being satisfied that the defendant has failed without reasonable excuse to comply with the last mentioned requirement of the said order, made an order to the following effect, viz -

[IT IS ORDERED that the defendant be made the subject of [an attendance centre order] [a community service order] (insert details of order as appropriate) -      ].

[IT IS ORDERED that the said order should be revoked and that the court should deal with the defendant for the original offence in a manner in which it could deal with him if he had just been convicted by the court of the offence(insert details of order as appropriate) -      ].

[IT IS ORDERED that the said order should be revoked].

[IT IS ORDERED that the said order should be amended as follows (insert details of order as appropriate)      ].

[IT IS ORDERED that the said order should be extended as follows (insert details of order as appropriate)      ].

[The defendant has expressed his willingness to comply with the requirements of the order as amended.]

Dated this      day of      20    .

Resident Magistrate

[Clerk of Petty Sessions]

FORM 49
(Schedule 1A, paragraphs 4 and 6)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Rule 126A)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Certificate to Crown Court on failure to comply with requirement(s) of [reparation] [community responsibility] [youth conference] order

of		}
		}	Petty Sessions District of
	Complainant	}
of		}
		}	County Court Division of
	Defendant	}

WHEREAS it appears that the defendant being a child having been born so far as can be ascertained on (date)     , was on the (date)     convicted by the Crown Court sitting at (place)      of the following offence(s): (state shortly particulars of offence)

AND that on the (date)      the said court made a [reparation] [community responsibility] [youth conference] order which required him to (here set out requirement which is contravened)].

AND WHEREAS on the (date)      [a youth court acting for the petty sessions district of      sitting at (place)      being satisfied, HEREBY CERTIFIES that the defendant has failed to comply with the last-mentioned requirement of the said order, in as much as he (here specify particulars of breach)      ].

[the defendant was subsequently found guilty of the following offence (specify details)      ].

Dated this      day of      20    .

Resident Magistrate

To the Crown Court sitting at

FORM 50
(Schedule 1A, paragraphs 4 and 6)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Article 114; Rules 14, 15, 126, 126A and 143)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Warrant of Commitment to the Crown Court on failure to comply with requirement of a [reparation] [community responsibility] [youth conference] order to Juvenile Justice Centre

of		}
		}	Petty Sessions District of
	Complainant	}
of		}
		}	County Court Division of
	Defendant	}

WHEREAS it appears that the defendant being a child having been born so far as can be ascertained on (date)     , was on the (date)      convicted by the Crown Court sitting at (place)      of the following offence(s): (state shortly particulars of offence)

AND that on the (date)      the said court made a [reparation] [community responsibility] [youth conference] order which required him to (here set out requirement which is contravened).

AND WHEREAS on the (date)      the youth court acting for the petty sessions district of      sitting at (place)     , being satisfied that the defendant has failed without reasonable excuse to comply with the last-mentioned requirement of the said order, the court ordered that the defendant be committed to custody until he can be brought before the Crown Court sitting at     .

THIS IS TO COMMAND YOU, to whom this warrant is addressed, to convey the said Defendant to such Juvenile Justice Centre as the Secretary of State shall determine there to be kept in custody until he is brought before the Crown Court sitting at (place)      and shall be discharged by due course of law.

Dated this      day of      20    .

Resident Magistrate

[Clerk of Petty Sessions]

To the District Commander of the Police Service of Northern Ireland at

FORM 51
(Schedule 1A, paragraphs 4 and 6)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Article 114; Rules 14, 15, 126, 126A and 143)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Warrant of Commitment to the Crown Court on failure to comply with requirement of a [reparation] [community responsibility] [youth conference] order of child aged 15 or over to Young Offenders Centre

of		}
		}	Petty Sessions District of
	Complainant	}
of		}
		}	County Court Division of
	Defendant	}

WHEREAS it appears that the defendant being a child aged 15 years or over having been born so far as can be ascertained on (date)     , was on the (date)      convicted by the Crown Court sitting at (place)      of the following offence(s): (state shortly particulars of offence)

AND that on the (date)      the said court made a [reparation] [community responsibility] [youth conference] order which required him to (here set out requirement which is contravened).

AND WHEREAS on the (date)      the youth court acting for the petty sessions district of      sitting at (place)     , being satisfied that the defendant has failed without reasonable excuse to comply with the last-mentioned requirement of the said order, the court ordered that the defendant be committed to custody until he can be brought before the Crown Court sitting at     .

AND WHEREAS the court considers that the defendant is likely to injure himself or other persons.

THIS IS TO COMMAND YOU, to whom this warrant is addressed, to convey the said Defendant to such Young Offenders Centre as the Secretary of State shall determine there to be kept in custody by the Governor of the said Young Offenders Centre until he is brought before the Crown Court sitting at (place) and shall be discharged by due course of law.

Dated this      day of      20    .

Resident Magistrate

[Clerk of Petty Sessions]

To the District Commander of the Police Service of Northern Ireland at

FORM 52
(Schedule 1A, paragraph 5)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Rule 126)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Notice of Application for [Revocation] [Amendment] [Extension] of [reparation] [community responsibility] [youth conference] order

of		}
		}	Petty Sessions District of
	Applicant	}
of		}
		}	County Court Division of
	Respondent	}

WHEREAS a [youth] [magistrates'] court sitting at (place)      on the (date)      found [me] [the respondent] being a child having been born so far as can be ascertained on (date)     , guilty of the following offence(s): (state shortly particulars of offence)

AND that on the (date)      a youth court made a [reparation] [community responsibility] [youth conference] order requiring [me] [the respondent] to (here set out requirements of the order) -

TAKE NOTICE that I intend to apply to the youth court acting for the petty sessions district of      sitting at (place)      on the (date)     , that the said order be [revoked] [amended] [extended] on the following grounds -

Dated this      day of      20    .

Applicant

To the said respondent

FORM 53
(Schedule 1A, paragraphs 5 and 8)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Rules 8 and 126)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Summons to Defendant to [Revoke] [Amend] [Extend] a [reparation] [community responsibility] [youth conference] order

of		}
		}	Petty Sessions District of
	Applicant	}
of		}
		}	County Court Division of
	Defendant	}

WHEREAS an application has been made by      of      that on (date)     , you the above-named defendant being a child having been born so far as can be ascertained on (date)     , were on the (date)      found guilty by a [youth] [magistrates'] court sitting at (place)      of the following offence(s): (state shortly particulars of offence)

AND that on the (date)      a youth court made a [reparation] [community responsibility] [youth conference] order requiring you to (here set out requirements of the order) -

AND, whereas the applicant has applied that the said order be [revoked] [amended] [extended].

[AND whereas you (insert name)     , are the [parent] [guardian] of the said child.]

THIS IS TO COMMAND [EACH OF] YOU, to appear before the youth court acting for the petty sessions district of      sitting at (place)     on (date)      at (time)      on the hearing of the said application.

Dated this      day of      20    .

Resident Magistrate

[Clerk of Petty Sessions]

To the said defendant(s)

FORM 54
(Schedule 1A, paragraphs 5 and 8)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Rules 14, 126 and 143)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Warrant for Arrest of child on an application to [Revoke] [Amend] [Extend] a [reparation] [community responsibility] [youth conference] order

of		}
		}	Petty Sessions District of
	Applicant	}
of		}
		}	County Court Division of
	Defendant	}

WHEREAS an application has been by      of      that on (date)     , you the above-named defendant being a child having been born so far as can be ascertained on (date)     , were found guilty by a [youth] [magistrates'] court sitting at (place)      of the following offence(s): (state shortly particulars of offence)

AND that on the (date)      a youth court made a [reparation] [community responsibility] [youth conference] order requiring you to (here set out requirements of the order) -

AND, whereas the applicant has applied that the said order be [revoked] [amended] [extended].

THIS IS TO COMMAND YOU, to whom this warrant is addressed, to arrest the said      and to bring him before the youth court acting for the petty sessions district of      sitting at (place)      to answer to the said application.

Dated this      day of      20    .

Resident Magistrate

To the District Commander of the Police Service of Northern Ireland at

Note: This form may be endorsed for bail as on Form 4.

NOTE:

Where the offender cannot be brought immediately before the court by which the warrant was issued, the person in whose custody he is -

FORM 55
(Schedule 1A, paragraph 5)

CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998
(Rules 14 and 126)

MAGISTRATES' COURTS (NORTHERN IRELAND) ORDER 1981
Order to [Revoke] [Amend] [Extend] a [reparation] [community responsibility] [youth conference] order

of		}
		}	Petty Sessions District of
	Applicant	}
of		}
		}	County Court Division of
	Respondent	}

WHEREAS a [youth] [magistrates'] court sitting at (place)      on the (date)      found the [applicant] [respondent], being a child having been born so far as can be ascertained on (date)     , guilty of the following offence(s): (state shortly particulars of offence)

AND that on the (date)      a youth court made a [reparation] [community responsibility] [youth conference] order requiring the [applicant] [respondent] to (here set out requirements of the order)

AND WHEREAS the applicant has applied that the order should be [revoked] [amended] [extended] on the ground that:

AND WHEREAS on the (date)      a youth court acting for the petty sessions district of      sitting at (place)     , being satisfied that it would be in the interests of justice that the order should be [revoked] [amended] [extended], made an order to the following effect, viz -

IT IS ORDERED that the said order should be [revoked] [amended] [extended] (insert details of order as appropriate) -

[The [applicant] [respondent] has expressed his willingness to comply with the requirements of the order as [amended] [extended].]

Dated this      day of      20    .

Resident Magistrate

[Clerk of Petty Sessions]

EXPLANATORY NOTE

(This note is not part of the Rules.)

These Rules amend the Magistrates' Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999 by -

Notes:

[1] S.I. 1981/1675 (N.I. 26)back

[2] S.R. 1999 No. 7 back

ISBN 0 33795325 2

Prepared 19 December 2003

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