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COUNTY COURTS (NORTHERN IRELAND) ORDER 1980 - SECT 63

63.(1) Subject to this Article, a person applying to a county court judge to
state a case upon a decision made on appeal from a magistrates' court shall,
before the case is stated and delivered to him

(a)if the judge so directs enter, before a resident magistrate or justice of
the peace having jurisdiction in the county court division in which the county
court sat, into a recognizance with or without sureties, in such sum as the
resident magistrate or justice of the peace considers proper having regard to
the means of the applicant, conditioned to prosecute the case stated without
delay and to submit to the judgment of the Court of Appeal and pay such costs
as may be awarded by that court; and

(b)pay

(i)to the chief clerk for and in respect of the case stated;

(ii)to the clerk of petty sessions for and in respect of any such
recognizance:

(b)such fees as may be fixed under section 116 of the Judicature (Northern
Ireland) Act 1978.

(2) Paragraph (1) shall not apply where the applicant is a public or local
authority or an officer of a public or local authority acting as such or is a
constable acting as such.

(3) Where the applicant is in custody, the county court judge may order that
he be released upon a recognizance entered into under paragraph (1) and
further conditioned for his appearance before the county court at the next
sitting of that court after the judgment of the Court of Appeal has been given
and to abide such judgment unless the decision appealed against is reversed.

(4) Without prejudice to section 16 of the Summary Jurisdiction and Criminal
Justice Act (Northern Ireland) 1958, any such recognizance as is referred to
in paragraph (3) may be entered into before the governor or deputy governor of
the prison in which the applicant is in custody.

(5) Where the county court judge refuses to release the applicant or the
applicant considers the amount of the recognizance excessive, the applicant
may apply to a judge of the High Court to release him, or to reduce the amount
of the recognizance.

(6) An application under paragraph (5) shall be made in like manner as an
application for bail by a person who has been committed for trial in custody
and on any such application the judge may release the applicant from custody
on such conditions and fix the amount of the recognizance at such sum as the
judge thinks fit.

(7) Where any of the conditions of a recognizance entered into under this
Article have not been complied with, the resident magistrate or justice of the
peace who fixed the amount of the recognizance or any other resident
magistrate or justice of the peace having jurisdiction in the place where the
recognizance was taken, shall certify upon such recognizance in what respect
the conditions thereof have not been observed and transmit the same to the
chief clerk for the county court division in which the recognizance was taken,
to be proceeded upon in like manner as other recognizances forfeited at the
county court may by law be enforced; and such certificate shall be sufficient
prima facie evidence of the said recognizance having been forfeited.

© 1980 Crown Copyright

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