Magistrates Court (Stalking Protection Orders Proceedings Pr

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1997/Statutory%20Instruments/Magistrates%20Court%20%28Stalking%20Protection%20Orders%20Proceedings%20Pr.pdf
Published: 1997

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Magistrates Court (Stalking Protection Orders Proceedings Prescribed Forms) Rules 1997
MAGISTRATES' COURT (STALKING PROTECTION ORDERS
PROCEEDINGS PRESCRIBED FORMS) RULES 1997

1

BR 60/1997

MAGISTRATES ACT 1948

1948 : 25

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

ARRANGEMENT OF RULES

1 Citation
2 Interpretation
3 Prescription of forms
4 Forms

5 Commencement

TABLE

SCHEDULE

Magistrates, in exercise of the power conferred on them by
section 21 of the Magistrates Act 1948 and the Stalking Act 1997, and
with the approval of the Chief Justice, make the following Rules:—

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;

"address for service" means an address within the jurisdiction
where notices, orders, summonses, warrants and other
documents, proceedings and written communications, if not

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

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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 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

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

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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

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

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(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

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

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(name of person) ________________, the respondent, of (address)
_______________, on behalf of (name of person) ___________________, the
complainant, who is—

*(a) a child;

*(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—

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

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(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).

_______________________________
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 (STALKING PROTECTION ORDERS
PROCEEDINGS PRESCRIBED FORMS) RULES 1997

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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.

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

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

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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

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

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

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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

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;

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

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*(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).

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)

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

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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

*(delete where inapplicable).

Made this day of .

____________________________

Senior Magistrate
on behalf of the Magistrates

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

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Approved this day of .

____________________________
Chief Justice