STATUTORY RULES OF NORTHERN IRELAND
2008 No.
MAGISTRATES’ COURTS

Rule 2(3)(a)

“FORM 1

ANTI-SOCIAL BEHAVIOUR (NORTHERN IRELAND) ORDER 2004

MAGISTRATES’ COURTS (ANTI-SOCIAL BEHAVIOUR ORDERS) RULES (NORTHERN IRELAND) 2004

(Articles 3 and 4, Rule 2(1))

Summons on complaint for [anti-social behaviour order] [and] [interim

anti-social behaviour order]

of

]

] Petty Sessions District of

]

Complainant ]

of

] County Court Division of

]

Defendant ]

WHEREAS a complaint has been made before me in respect of an application for an anti-social behaviour order under Article 3 [and] [an interim anti-social behaviour order under Article 4] of the Anti-social Behaviour (Northern Ireland) Order 2004 (“the 2004 Order”)to the following effect viz—

(a) That you, the above-named defendant, on (specify date(s)) at (specify place(s)) acted in an anti-social manner, that is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as yourself, namely:-

(provide a short description of the defendant’s actions); and

(b) That an anti-social behaviour order is necessary to protect relevant persons from further anti-social acts by you, and accordingly application is made for an anti-social behaviour order containing the following prohibition(s)—

The complaint has, in accordance with Article 5 of the 2004 Order; consulted with the following relevant authorities, namely—

(specify relevant authorities consulted with).

[The Complainant applies for an interim anti-social behaviour order under Article 4 of the 2004 Order on the following grounds – ]

[The Complainant applies for the application under Article 4 of the 2004 Order to be heard without notice being given to the defendant on the following grounds –

[Where application is made for interim order only, specify the date of the application for anti-social behaviour order – ]

Accordingly application is made for an anti-social behaviour order under Article 3 [and] [an interim anti-social behaviour order under Article 4] of the 2004 Order.

THIS IS TO COMMAND YOU to appear as a defendant at the hearing of the said application at (place) on (date) at (time) before a magistrates’ court for the said petty sessions district.

This day of .

Lay Magistrate

[District Judge (Magistrates’ Court]

To:

[the defendant]

Note:

Where the court is satisfied that this summons was served on you within what appears to the court to be a reasonable time before the hearing or adjourned hearing and you fail to appear, the court may issue a warrant for your arrest or proceed in your absence.

If any anti-social behaviour order is made against you and if, without reasonable excuse, you do anything you are prohibited from doing by such an order, you shall be liable on conviction to imprisonment for a term not exceeding five years, or to a fine, or both.”

Rule 2(3)(b)

FORM 6

MAGISTRATES’ COURTS (NORTHERN IRELAND) ORDER 1981

(Rule 149AA)

CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

(Article 7)

ANTI-SOCIAL BEHAVIOUR (NORTHERN IRELAND) ORDER 2004

(Article 6C)

Form of application for a Special Measures Direction under Article 7 of the Criminal Evidence (Northern Ireland) Order 1999 in relation to Anti-social Behaviour Order Proceedings

An application shall be made not less than 14 days before the day fixed for the commencement of the proceedings to which the application relates.

A copy of this form shall be given at the same time to the other party or parties to the case.

PART 1

TO BE COMPLETED BY ALL APPLICANTS

Details required

Notes

Case details

Complainant:

Petty Sessions

District of:

Defendant:

County Court

Division of:

The name of the defendant to whom this application relates

Court venue:

The venue of the court hearing the case.

Date of next court appearance:

Details of proceedings to which this application relates:

Details of witness

Name of witness:

Date of birth of witness:

If an application has been made to tender in evidence a video recording of testimony from the witness, give the date and (if known) the result of that application:

Details of application

Specify the special measures being sought:

State the grounds on which the witness relies in support of the application for a special measures direction:

Give a description of evidence submitted in support of this application:

This requirement is optional.

Examples of evidence might be:

birth certificate;

medical report;

expert evidence;

police report.

Arrangements available

Give a description of the arrangements relevant to the measures applied for, which may be made available in the area in which it is likely the hearing will take place:

Reasons for application

Give the grounds for believing the special measures being sought in this application will increase the quality of the witness’s evidence:

Give the views of the witness as to why the measures sought in this application are required:

Material change of circumstances

Give a description of any material change of circumstances relied upon to support this application:

This requirement applies only where—

(a) a special measures direction is already in force and application is being made to discharge or vary the direction, or

(b) a previous application for a special measures direction was refused and this application seeks to reverse that decision.

PART 1A

TO BE COMPLETED IF THE APPLICATION RELATES TO PROCEEDINGS FOR AN ANTI-SOCIAL BEHAVIOUR ORDER ON CONVICTION OR INTERIM ANTI-SOCIAL BEHAVIOUR ORDER ON CONVICTION

Offence:

Give brief details including the date of the defendant’s conviction.

Name of PSNI Central Process Office:

Central Process Office or District Command Unit Reference Number:

PPSNI Reference Number:

PART 2

TO BE COMPLETED IF THE APPLICATION IS FOR EVIDENCE TO BE GIVEN THROUGH A LIVE LINK

Details required

Notes

Details of application

Give—

(a) the address of any venue from which the witness will give evidence if the court’s own live link is not used:

(b) the name of the person who it is proposed will accompany the witness:

(c) the occupation of this person:

(d) the relationship (if any) of this person to the witness:

Grounds

State why it is believed that this person should accompany the witness:

PART 3

TO BE COMPLETED IF THE APPLICATION IS TO TENDER IN EVIDENCE A VIDEO RECORDING UNDER ARTICLE 15 OF THE CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1999

Details required

Notes

Video recording(s)

Statement as to circumstances in which video recording made:

These details need to be completed only to the extent that the information is not contained in the video recording itself.

Date(s) of video recording(s):

Time(s) of video recording(s):

Give the times at which recording began and finished, including details of any interruptions.

Locations and normal function of premises where video recording made:

Give address of premises where recording made and state the usual function of those premises.

Statement as to whether, and if so at what point in the video recording, an oath was administered to, or a solemn declaration made by, the witness:

Details of those present while recording made

Give details of each person present at any point during the recording:

Include name, age and occupation of anyone present; time for which present; relationship (if any) to the witness and to the defendant.

In relation to each person present at any point during the recording, a statement confirming that the person when present is visible in the recording:

Equipment used

Give a description of the equipment used for the recording:

The description shall include the following information— number and type of cameras used (fixed or mobile); the number and location of microphones; the video format used; and whether it offered single or multiple recording facilities and if it did which were used.

Recordings of part only of an interview

State whether the video recording contains part only of the interview with the witness:

A copy of any video recordings of other parts of the interview with the witness which it is not proposed to tender in evidence shall also be provided to the court and the other parties. The details

of each such recording shall be given as above. Use separate sheets where necessary.

Details of copy

State in respect of each video recording whether it is a copy, and give the following details in respect of each copy—

Name and address of person who has the mastertape:

When, and be whom, the copy was made:

Attendance and supply of copies

Is the witness willing and able to attend the trial for cross-examination?

Have copies of the video recording(s) to which this application relates been disclosed to the other parties?

Has a copy of this notice and the video recording(s) to which it relates been served on each party to the proceedings?

Has the agreement of the other parties to the video recording(s) being tendered as evidence been sought?

Dated this day of .

Applicant

[Solicitor for Applicant]

To the Clerk of Petty Sessions for the petty sessions district of .

And to

(insert names and addresses of each of the other parties to the proceedings)

Note:

The notice served on the clerk of petty sessions shall be endorsed with the date upon which and the manner in which notice was served on each of the other parties to the proceedings.

Note to party who receives a copy of this notice:

If you wish to oppose this application you are required within 7 days (or such other period as may be specified by the court under Rule 149AB(4)) of the Magistrates Courts’ Rules (Northern Ireland) 1984 to notify the applicant and the clerk of petty sessions in writing of your opposition stating the reasons for such.”