Title 8 Laws of Bermuda Item 28(a)

BERMUDA STATUTORY INSTRUMENT

BR 60/1997

MAGISTRATES' COURT (STALKING PROTECTION ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

[made under section 21 of the Magistrates Act 1948 [title 8 item 15] and the Stalking Act 1997 [title 8 item 28] and brought into operation on 3 October 1997]

ARRANGEMENT OF RULES

1 Citation

2 Interpretation

3 Prescription of forms

4 Forms

5 Commencement

TABLE

SCHEDULE

Citation

1 These Rules may be cited as the Magistrates Court (Stalking Protection Orders Proceedings Prescribed Forms) Rules 1997.

Interpretation

2 In these Rules— "the Act" means the Stalking Act 1997 [title 8 item 28]; "address for service" means an address within the jurisdiction where notices, orders, summonses, warrants and other documents, proceedings and written communications, if not

1989 Revision 1 MAGISTRATES' COURT (STALKING PROTECTION ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997 required to be served personally, may be left, or to which they may be sent; "clerk to the Magistrates' Court" means the person whom the Senior Magistrate may designate as the clerk for the purposes of these Rules to act in accordance with the instructions of the Senior Magistrate; "Court" means a court of summary jurisdiction; "prescribed form" means a form prescribed in the Schedule.

Prescription of forms

3 The respective forms required by the Stalking Act 1997 [title 8 item 28] are those respectively prescribed in the Table set out below.

Forms

4 The forms set out in the Schedule to these Rules pursuant to the Table set out below shall be used in connection with stalking protection order proceedings in magistrates' courts.

Commencement

5 These Rules shall come into operation on 3 October 1997.

TABLE (rule 3)

Form No. Description

STALK 1 Application for protection order (complainant) STALK 2 Application for protection order (person making an application on behalf of a complainant) STALK 3 Notice of Hearing and Summons STALK 4 Form of Protection Order or Temporary Order STALK 5 Application to vary or revoke a protection order or temporary order STALK 6 Form of order revoking or varying a protection order or temporary order

2 1989 Revision Title 8 Laws of Bermuda Item 28(a)

SCHEDULE (rule 4)

Form STALK 1 Case No. of

BERMUDA

IN THE MAGISTRATES' COURT

Sections 5 and 6 of the Stalking Act 1997

APPLICATION FOR *PROTECTION ORDER OR *TEMPORARY ORDER

(where the person making the application is a complainant)

Between A.B. Complainant and C.D. Respondent

1. I ______________of (address for service) ____________________,

hereby apply for a *protection order or *temporary order against (name of person) _________, the respondent, of (address) ________________, on the grounds that— *(a) (i) the respondent has stalked me;

(ii) criminal proceedings for an offence of stalking under section 4 of the Stalking Act 1997 have been instituted against the respondent and have ended in the respondent's conviction; and

(iii) the protection order is needed for my protection;

*(b) (i) the respondent has stalked me;

(ii) criminal proceedings for an offence of stalking under section 4 of the Stalking Act 1997 have been instituted against the respondent but have not been concluded; and

(iii) the protection order is needed for my protection; or

*(c) (i) the respondent will stalk me;

(ii) the institution of criminal proceedings against the respondent for an offence of stalking under section 4 of the Stalking Act 1997 is imminent; and

1989 Revision 3 MAGISTRATES' COURT (STALKING PROTECTION ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

(iii) the temporary order is needed for my protection.

2. These grounds exist because the respondent—

(give details if known, and date(s) on which events occurred).

3. I would like the Court to order that the respondent—

(give particulars).

______________________________ Complainant

Dated this day of .

_______________________________ Magistrate *(delete where inapplicable)

Form STALK 2 Case No. of

BERMUDA

IN THE MAGISTRATES' COURT

Sections 5 and 6 of the Stalking Act 1997

APPLICATION FOR *PROTECTION ORDER OR *TEMPORARY ORDER

(where the person is making the application on behalf of a complainant)

Between A.B. Complainant and C.D. Respondent

1. I, ___________________, of (address) ____________________, being a

person appointed by the Court pursuant to whichever of section 6(2), (3) or (4) and whichever of sections 7 to 9 of the Domestic Violence Act 1997 applies, hereby apply for a *protection order or *temporary order against (name of person) ________________, the respondent, of (address) _______________, on behalf of (name of person) ___________________, the complainant, who is— *(a) a child;

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*(b) a person lacking mental capacity; *(c) a person who is unable to make the application by reason of physical incapacity; *(d) a person who is unable to make the application by reason of fear; *(e) a person who is unable to make the application (specify other cause).

2. The grounds for making this application are that—

*(a) (i) the respondent has stalked the complainant;

(ii) proceedings for an offence of stalking under section 4 of the Stalking Act 1997 have been instituted against the respondent and have ended in the respondent's conviction; and

(iii) the protection order is needed for the complainant's protection;

*(b) (i) the respondent has stalked the complainant;

(ii) proceedings for an offence of stalking under section 4 of the Stalking Act 1997 have been instituted against the respondent but have not been concluded; and

(iii) the protection order is needed for the complainant's protection; or

*(c) (i) the respondent will stalk the complainant;

(ii) the institution of proceedings against the respondent for an offence of stalking under section 4 of the Stalking Act 1997 is imminent; and

(iii) the temporary order is needed for the complainant's protection.

3. These grounds exist because the respondent—

(give details if known, and date(s) on which events occurred).

4. The complainant would like the Court to order that the

respondent— (give particulars).

1989 Revision 5 MAGISTRATES' COURT (STALKING PROTECTION ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997 _______________________________ Representative

Dated this day of .

______________________________ Magistrate *(delete where inapplicable)

FORM STALK 3 Case No. of

BERMUDA

IN THE MAGISTRATES' COURT

Sections 7 and 9 of the Stalking Act 1997

NOTICE OF HEARING AND SUMMONS

Between A.B. Complainant and C.D. Respondent

1. An application under section 5 of the Stalking Act 1997 for a

protection order has been made by (name of person) _______________, the complainant, of (address for service) _____________, against you.

2. A copy of the application is attached.

3. The application has been set down for hearing on (date) at (time)

in the Magistrates' Court sitting at the Government Administration Building, corner of Reid and Parliament Streets, Hamilton AND YOU ARE HEREBY SUMMONED TO APPEAR at that date and time before the Magistrates' Court sitting in the Government Administration Building, to answer the following— (give short particulars of the complaint).

4. If you do not appear in person at the hearing of the application,

the Court may—

(a) deal with the application in your absence; or

(b) issue a warrant for your arrest to be brought before the Court.

6 1989 Revision Title 8 Laws of Bermuda Item 28(a)

Issued this day of .

______________________________ Clerk to the Magistrates' Court

(Respondent's Copy)

This summons was served by me on the day of at .

______________________________ Bailiff

(Court copy)

The summons of which this is a true copy was served by me on the day of by delivering the summons to the said respondent personally.

Dated this day of .

______________________________ Bailiff

Form STALK 4 Case No. of BERMUDA

IN THE MAGISTRATES' COURT

Sections 9(2)(a) and 10 of the Stalking Act 1997

*PROTECTION ORDER OR *TEMPORARY ORDER

Between A.B. Complainant and C.D. Respondent

1989 Revision 7 MAGISTRATES' COURT (STALKING PROTECTION ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997 The Court, having heard an application made by (name of complainant) ____________, of (address for service) ___________, under the Act in respect of the conduct of (name of respondent) ___________, of (address) ____________, towards (name of person to be protected) ______________; and

being satisfied that— *(a) (i) the respondent has stalked the complainant;

(ii) proceedings for an offence of stalking under section 4 of the Stalking Act 1997 have been instituted against the respondent and have ended in the respondent's conviction; and

(iii) the protection order is needed for the complainant's protection;

*(b) (i) the respondent has stalked the complainant;

(ii) proceedings for an offence of stalking under section 4 of the Stalking Act 1997 have been instituted against the respondent but have not been concluded; and

(iii) the protection order is needed for the complainant's protection; or

*(c) (i) the respondent will stalk the complainant;

(ii) the institution of proceedings against the respondent for an offence of stalking under section 4 of the Stalking Act 1997 is imminent; and

(iii) the temporary order is needed for the complainant's protection:

Now the Court this day orders that, for (period) that the respondent— (specify prohibitions and conditions and any other period or periods for which they are imposed and whether a power of arrest is attached to the Order).

Dated this day of .

_____________________________ Magistrate

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Form STALK 5 Case No. of

BERMUDA

IN THE MAGISTRATES' COURT

Section 15(1) of the Stalking Act 1997

APPLICATION FOR *VARIATION OR *REVOCATION OF *PROTECTION ORDER OR *TEMPORARY ORDER

Between A.B. Complainant and C.D. Respondent

1. I, ________________, of (address) _______________, being a person

who is— *(a) a complainant on whose behalf a *protection order or *temporary order has been made;

*(b) a respondent in respect of whom a *protection order or *temporary order has been made;

*(c) a representative appointed pursuant to whichever of sections 6 to 9 of the Domestic Violence Act 1997 applies, to act on behalf of a person who—

*(a) is;

*(b) has been; or

*(c) will be; the complainant in criminal proceedings against the respondent _____________, of (address) ____________, for an offence of stalking contrary to section 4 of the Act, hereby apply for the *revocation or *variation of the *protection order or *temporary order made by the Court on (date of original order) for (period) against (name of person) on the grounds that— (specify grounds).

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2. The Court is asked to order that the original order be *varied or

*revoked as follows— (give particulars). ______________________________ *Complainant/*Representative

Taken before me this day of 19 .

_____________________________ Clerk to the Magistrates Court *(delete where inapplicable)

Form STALK 6 Case No. of

BERMUDA

IN THE MAGISTRATES' COURT

Section 9(2)(a) of the Stalking Act 1997

ORDER VARYING *PROTECTION ORDER OR *TEMPORARY ORDER

Between A.B. Complainant and C.D. Respondent

The Court, having heard an application made by (name of person) ________________, the complainant, of (address for service) _____________, under the Act in respect of the conduct of (name of person) ________________, the respondent, of (address) __________________, towards (name of person to be protected) ___________________, and having on (date of original order) made a protection order in respect of the respondent for (period) this day orders that the protection order or temporary order be— *(a) varied as follows— (specify details of variation); or *(b) revoked.

Dated this day of .

_____________________________ Magistrate

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*(delete where inapplicable).

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