GENERAL

Citation, operation and revocations

1.—(1) These Rules may be cited as the Magistrates' Courts Rules 1981 and shall come into operation on 6th July 1981.

(2) The Rules mentioned in the Schedule to these Rules are hereby revoked; but where proceedings were commenced before 6th July 1981 and the old enactments within the meaning of paragraphs 1 and 2(2) of Schedule 8 to the Magistrates' Courts Act 1980 continue to apply by virtue of paragraph 2(1) of the said Schedule 8, the provisions of the Rules so mentioned continue to apply and nothing in these Rules affects those provisions.

Interpretation

2.—(1) In these Rules—

“the Act of 1978” means the Domestic Proceedings and Magistrates' Courts Act 1978(2);

“the Act of 1980” means the Magistrates' Courts Act 1980;

“the Act of 1989” means the Children Act 1989;

“the Act of 2000” means the Powers of Criminal Courts (Sentencing) Act 2000;

“the Act of 1998” means the Crime and Disorder Act 1998;

“child” means a person who has not attained the age of 18;

...

“court computer system” means a computer or computer system which is used to assist to discharge and record the business of the court.

“electronic signature” is as much of anything in electronic form as

“judgment summons” has the meaning assigned to it by rule 58.

(2)In these Rules “representation order” has the meaning assigned to it by section 14 of the Access to Justice Act 1999.

(3) In these Rules a reference to the person with whom a child has his home shall be construed in accordance with the Act of 1989 , except that, in the case of any child in the care of a local authority, the local authority shall be treated for the purposes of these Rules as the person with whom the child has his home.

(4)In these Rules a reference to “the authorised persons for the area in which they are employed” is a reference to the persons employed by an authority which performs its functions within that area who are authorised to execute warrants within that area in pursuance of rule 3 of the Magistrates' Courts (Civilian Fine Enforcement Officers)(No. 2) Rules 1990.

(5) Any requirement in these Rules that a document shall be in the prescribed form shall be construed as a requirement that the document shall be in the form prescribed in that behalf by rules made under section 144 of the Act of 1980, or a form to like effect.

(6) In these Rules any reference to a rule shall be construed as a reference to a rule contained in these Rules; and any reference in a rule to a paragraph shall be construed as a reference to a paragraph of that rule.

(7)Subject to rules 15 and 99, where these Rules require a document to be given or sent, or a notice to be communicated in writing, it may, with the consent of the addressee, be sent by electronic communication.

(8)Electronic communication means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

(a)by means of a telecommunication system (within the meaning of the Telecommunications Act 1984); or

(b)by other means but while in an electronic form.

Saving for the Family Proceedings Courts (Children Act 1989) Rules 1991 and the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

3.The provisions of these Rules shall have effect subject to the provisions of the Family Proceedings Courts (Children Act 1989) Rules 1991 and the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991.

INFORMATION AND COMPLAINT

Information and complaint

4.—(1) An information may be laid or complaint made by the prosecutor or complainant in person or by his counsel or solicitor or other person authorised in that behalf.

(2) Subject to any provision of the Act of 1980 and any other enactment, an information or complaint need not be in writing or on oath.

(3) It shall not be necessary in an information or complaint to specify or negative an exception, exemption, proviso, excuse or qualification, whether or not it accompanies the description of the offence or matter of complaint contained in the enactment creating the offence or on which the complaint is founded.

Deposition etc. of reluctant witness

4A—(1)Where a person attends before a justice of the peace in pursuance of section 97A of the Act of 1980 or paragraph 4 of Schedule 3 to the Act of 1998 the justice shall—

(a)where that person attends for the purpose of giving evidence, cause his evidence to be put in writing;

(b)where that person attends for the purpose of producing a document or other exhibit, cause the document or exhibit to be handed over for examination and any evidence given by that person in respect of it to be put in writing;

(c)where that person refuses to have his evidence taken or to produce the document or other exhibit, as the case may be, explain to him the consequences of so refusing without just excuse, and ask him to explain why he has so refused; and

(d)cause a record of any such refusal to be made in writing.

(2)As soon as practicable after the examination by the prosecutor of a witness whose evidence is put in writing the justice shall cause his deposition to be read to him, and shall require the witness to sign the deposition.

(3)Any such deposition shall be authenticated by a certificate signed by the justice.

(4)Subject to rule 11 the designated officer for the justice concerned, on sending a copy of any deposition or documentary exhibit to the prosecutor under section 97A(9) or (10) of the Act of 1980, as the case may be—

(a)shall retain the original deposition or documentary exhibit, and

(b)may retain any other exhibit produced in pursuance of that section.

Prosecutor’s notice to other party: right to object to written evidence being read at trial without further evidence

4B.—(1)The prosecutor shall, when he serves on any other party a copy of the evidence to be tendered in committal proceedings, notify that party that if he is committed for trial he has the right to object, by written notification to the prosecutor and the Crown Court within 14 days of being so committed unless the court in its discretion permits such an objection to be made outside that period, to a statement or deposition being read as evidence at the trial without oral evidence being given by the person who made the statement or deposition and without the opportunity to cross-examine that person.

(2)The prosecutor shall, on notifying a party as indicated in paragraph (1) above, send a copy of such notification to the designated officer for the magistrates' court.

PROCEEDINGS PRELIMINARY TO TRIAL ON INDICTMENT

Restrictions on reports of committal proceedings

5.—(1) Except in a case where evidence is, with the consent of the accused, to be tendered in his absence under section 4(4)(b) of the Act of 1980 (absence caused by ill health), a magistrates' court acting as examining justices shall before admitting any evidence explain to the accused the restrictions on reports of committal proceedings imposed by section 8 of the Act of 1980 and inform him of his right to apply to the court for an order removing those restrictions.

(2) Where a magistrates' court has made an order under section 8(2) of the Act of 1980 removing restrictions on the reports of committal proceedings, such order shall be entered in the register.

(3) Where the court adjourns any such proceedings to another day, the court shall, at the beginning of any adjourned hearing, state that the order has been made.

Committal for trial without consideration of evidence

6.—(1) This rule applies to committal proceedings where the accused has a solicitor acting for him in the case ... and where the court has been informed that all the evidence falls within section 5A(2) of the Act of 1980 .

(2) A magistrates' court inquiring into an offence in committal proceedings to which this rule applies shall cause the charge to be written down, if this has not already been done, and read to the accused and shall then ascertain whether he wishes to ... submit that there is, insufficient evidence to put him on trial by jury for the offence with which he is charged.

(3) If the court is satisfied that the accused or, as the case may be, each of the accused does not wish to make such a submission as is referred to in paragraph (2) it shall, after receiving any written evidence falling within section 5A(3) of the Act of 1980, determine whether or not to commit the accused for trial without consideration of the evidence, and where it determines not to so commit the accused it shall proceed in accordance with rule 7 .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration of evidence at committal proceedings

7.—(1) This rule does not apply to committal proceedings where under section 6(2) of the Act of 1980 a magistrates' court commits a person for trial without consideration of the evidence.

(2)A magistrates' court inquiring into an offence as examining justices, having ascertained—

(a)that the accused has no legal representative acting for him in the case; or

(b)that the accused’s legal representative has requested the court to consider a submission that there is insufficient evidence to put the accused on trial by jury for the offence with which he is charged, as the case may be,

shall permit the prosecutor to make an opening address to the court, if he so wishes, before any evidence is tendered.

(3)After such opening address, if any, the court shall cause evidence to be tendered in accordance with sections 5B(4), 5C(4), 5D(5) and 5E(3) of the Act of 1980, that is to say by being read out aloud, except where the court otherwise directs or to the extent that it directs that an oral account be given of any of the evidence.

(4)The court may view any exhibits produced before the court and may take possession of them.

(5)After the evidence has been tendered the court shall hear any submission which the accused may wish to make as to whether there is sufficient evidence to put him on trial by jury for any indictable offence.

(6)The court shall permit the prosecutor to make a submission—

(a)in reply to any submission made by the accused in pursuance of paragraph (5); or

(b)where the accused has not made any such submission but the court is nevertheless minded not to commit him for trial.

(7)After hearing any submission made in pursuance of paragraph (5) or (6) the court shall, unless it decides not to commit the accused for trial, cause the charge to be written down, if this has not already been done, and, if the accused is not represented by counsel or a solicitor, shall read the charge to him and explain it in ordinary language.

Court’s reminder to a defendant: right to object to written evidence being read at trial without further proof

8.A magistrates' court which commits a person for trial shall forthwith remind him of his right to object, by written notification to the prosecutor and the Crown Court within 14 days of being committed unless that court in its discretion permits such an objection to be made outside that period, to a statement or deposition being read as evidence at the trial without oral evidence being given by the person who made the statement or deposition, and without the opportunity to cross-examine that person.

Notice to governor of prison of committal on bail

9.—(1) Where the accused is committed or sent for trial on bail, the designated officer for the court shall give notice thereof in writing to the governor of the prison to which persons of the sex of the person committed or sent are committed or sent by that court if committed or sent in custody for trial and also, if the person committed or sent is under 21, to the governor of the remand centre to which he would have been committed or sent if the court had refused him bail.

(2) Where a corporation is committed or sent for trial, the designated officer for the court shall give notice thereof to the governor of the prison to which would be committed or sent a man committed or sent by that court in custody for trial.

Notices on committal of person subject to transfer direction

10. Where a transfer direction has been given by the Secretary of State under section 73 of the Mental Health Act 1959(3) in respect of a person remanded in custody by a magistrates' court and, before the direction ceases to have effect, that person is committed or sent for trial, the designated officer for the court shall give notice ...—

(a)to the governor of the prison to which persons of the sex of that person are committed or sent by that court if committed or sent in custody for trial; and

(b)to the managers of the hospital where he is detained.

Material to be sent to court of trial

11.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) As soon as practicable after the committal of any person for trial, and in any case within 4 days from the date of his committal (not counting Saturdays, Sundays, Good Friday, Christmas Day or Bank Holidays), the designated officer for the magistrates' court that committed him shall, subject to the provisions of section 7 of the Prosecution of Offences Act 1985 (which relates to the sending of documents and things to the Director of Public Prosecutions), send to the appropriate officer of the Crown Court—

(a)the information, if it is in writing;

(b)(i)the evidence tendered in accordance with section 5A of the Act of 1980 and, where any of that evidence consists of a copy of a deposition or documentary exhibit which is in the possession of the court, any such deposition or documentary exhibit; and

(ii)a certificate to the effect that that evidence was so tendered.

(c)any notification by the prosecutor under section 5D(2) regarding the admissibility of a statement under section 23 or 24 of the Criminal Justice Act 1988;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)a copy of the record made in pursuance of section 5 of the Bail Act 1976(4) relating to the grant or withholding of bail in respect of the accused on the occasion of the committal;

(f)any recognizance entered into by any person as surety for the accused together with a statement of any enlargement thereof under section I29(4) of the Act of 1980;

(g)a list of the exhibits produced in evidence before the justices or treated as so produced;

(h)such of the exhibits referred to in the last preceding sub-paragraph as have been retained by the justices;

(i)The names and addresses of any interpreters engaged for the defendant for the purposes of the committal proceedings, together with any telephone numbers at which they can be readily contacted, and details of the languages or dialects in connection with which they have been so engaged;

(j)if the committal was under section 6(2) of the Act of 1980 (committal for trial without consideration of the evidence), a statement to that effect;

(k)if the magistrates' court has made an order under section 8(2) of the Act of 1980 (removal of restrictions on reports of committal proceedings), a statement to that effect;

(l)the certificate of the examining justices as to costs of prosecution The Costs in Criminal Cases (General) Regulations 1986 ;

(m)if any person under the age of 18 is concerned in the committal proceedings, a statement whether the magistrates' court has given a direction under section 39 of the Children and Young Persons Act 1933 (prohibition of publication of certain matter in newspapers);

(n)a copy of any representation order previously made in the case;

(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p)a copy of any application for a representation order previously made in the case which has been refused;

(q). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r)any documents relating to an appeal by the prosecution against the granting of bail.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The period of 4 days specified in paragraph (2) may be extended in relation to any committal for so long as the appropriate officer of the Crown Court directs, having regard to the length of any document mentioned in that paragraph or any other relevant circumstances.

11A.—(1)As soon as practicable after any person is sent for trial (pursuant to section 51 of the Act of 1998), and in any event within 4 days from the date on which he is sent (not counting Saturdays, Sundays, Good Friday, Christmas Day or Bank Holidays), the designated officer for the magistrates' court that sent him shall, subject to section 7 of the Prosecution of Offences Act 1985 (which relates to the sending of documents and things to the Director of Public Prosecutions), send to the appropriate officer of the Crown Court—

(a)the information, if it is in writing;

(b)the notice required by section 51(7) of the Act of 1998;

(c)a copy of the record made in pursuance of section 5 of the Bail Act 1976 relating to the granting or withholding of bail in respect of the accused on the occasion of the sending;

(d)any recognizance entered into by any person as surety for the accused together with any enlargement thereof under section 129(4) of the Act of 1980;

(e)the names and addresses of any interpreters engaged for the defendant for the purposes of the appearance in the magistrates' court, together with any telephone numbers at which they can be readily contacted, and details of the languages or dialects in connection with which they have been so engaged;

(f)if any person under the age of 18 is concerned in the proceedings, a statement whether the magistrates' court has given a direction under section 39 of the Children and Young Persons Act 1933 (prohibition of publication of certain matter in newspapers);

(g)a copy of any representation order previously made in the case;

(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)a copy of any application for a representation order previously made in the case which has been refused;

(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)any documents relating to an appeal by the prosecution against the granting of bail.

(2)The period of 4 days specified in paragraph (1) may be extended in relation to any sending for trial for so long as the appropriate officer of the Crown Court directs, having regard to any relevant circumstances.

SUMMARY TRIAL OF INFORMATION AND HEARING OF COMPLAINT

Information to be for one offence only

12.—(1) Subject to any Act passed after 2nd October 1848, a magistrates' court shall not proceed to the trial of an information that charges more than one offence.

(2) Nothing in this rule shall prohibit 2 or more informations being set out in one document.

(3)If, notwithstanding paragraph (1) above, it appears to the court at any stage in the trial of an information that the information charges more than one offence, the court shall call upon the prosecutor to elect on which offence he desires the court to proceed, whereupon the offence or offences on which the prosecutor does not wish to proceed shall be struck out of the information; and the court shall then proceed to try that information afresh.

(4)If a prosecutor who is called upon to make an election under para graph (3) above fails to do so, the court shall dismiss the information.

(5)Where, after an offence has or offences have been struck out of the information under paragraph (3) above, the accused requests an adjournment and it appears to the court that he has been unfairly prejudiced, it shall adjourn the trial.

Order of evidence and speeches: information

13.—(1) On the summary trial of an information, where the accused does not plead guilty, the prosecutor shall call the evidence for the prosecution, and before doing so may address the court.

(2) At the conclusion of the evidence for the prosecution, the accused may address the court, whether or not he afterwards ... calls evidence.

(3) At the conclusion of the evidence, if any, for the defence, the prosecutor may call evidence to rebut that evidence.

(4) At the conclusion of the evidence for the defence ... and the evidence, if any, in rebuttal, the accused may address the court if he has not already done so.

(5) Either party may, with the leave of the court, address the court a second time, but where the court grants leave to one party it shall not refuse leave to the other.

(6) Where both parties address the court twice the prosecutor shall address the court for the second time before the accused does so.

Procedure on information where accused is not legally represented

13A.—(1)The court shall explain to an accused who is not legally represented the substance of the charge in simple language.

(2)If an accused who is not legally represented, instead of asking a witness in support of the charge questions by way of cross-examination, makes assertions, the court shall then put to the witness such questions as it thinks necessary on behalf of the accused and may for this purpose question the accused in order to bring out or clear up any point arising out of such assertions.

Order of evidence and speeches: complaint

14.—(1) On the hearing of a complaint, except where the court determines under section 53(3) of the Act of 1980 to make the order with the consent of the defendant without hearing evidence, the complainant shall call his evidence, and before doing so may address the court.

(2) At the conclusion of the evidence for the complainant the defendant may address the court, whether or not he afterwards calls evidence.

(3) At the conclusion of the evidence, if any, for the defence, the complainant may call evidence to rebut that evidence.

(4) At the conclusion of the evidence for the defence and the evidence, if any, in rebuttal, the defendant may address the court if he has not already done so.

(5) Either party may, with the leave of the court, address the court a second time, but where the court grants leave to one party it shall not refuse leave to the other.

(6) Where the defendant obtains leave to address the court for a second time his second address shall be made before the second address, if any, of the complainant.

Adjournment of trial of information

15.—(1) Where in the absence of the accused a magistrates' court adjourns the trial of an information, the designated officer for the court shall give to the accused notice in writing of the time and place at which the trial is to be resumed.

(2) Service of the notice required to be given by paragraph (1) may be effected in any manner in which service of a summons may be effected under paragraph (1) or (3) of rule 99 ....

Record of Adjudication

16.—(1)A record of summary conviction or order made on complaint required for an appeal or other legal purpose may be in the form of certified extract from the court register.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committals for sentence, etc.

17.—(1) Where a magistrates' court commits an offender to the Crown Court under the Vagrancy Act 1824(5), sections 3, 6, 116(3)(b) or 120(2)(a) of the Act of 2000 or section 6 of the Bail Act 1976 after convicting him of an offence, the designated officer for the magistrates' court shall send to the appropriate officer of the Crown Court—

(a)a copy signed by the designated officer for the magistrates' court of the minute or memorandum of the conviction entered in the register;

(b)a copy of any note of the evidence given at the trial of the offender, any written statement tendered in evidence and any deposition;

(c)such documents and articles produced in evidence before the court as have been retained by the court;

(d)any report relating to the offender considered by the court;

(e)if the offender is committed on bail, a copy of the record made in pursuance of section 5 of the said Act of 1976 relating to such bail and also any recognizance entered into by any person as his surety;

(f)if the court imposes under section 56(8) of the Criminal Justice Act 1967 an interim disqualification for holding or obtaining a licence under Part III of the Road Traffic Act 1972(6), a statement of the date of birth and sex of the offender; ...

(g)if the court makes an order under section 148 of the Act of 2000 (restitution orders) , a copy signed by the designated officer for the convicting court of the minute or memorandum of the order entered in the register;

(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)any documents relating to an appeal by the prosecution against the granting of bail.

(2)Where a magistrates' court commits an offender to the Crown Court under the Vagrancy Act 1824 or sections 3, 6 or 120(2) of the Act of 2000 and the magistrates' court on that occasion imposes, under section 26 of the Road Traffic Offenders Act 1988, an interim disqualification for holding or obtaining a licence under Part III of the Road Traffic Act 1988, the designated officer for the magistrates' court shall give notice of the interim disqualification to the appropriate officer of the Crown Court.

(3) Where a magistrates' court commits a person on bail to the Crown Court under any of the enactments mentioned in paragraph (2) ... or under section 6 of the Bail Act 1976 the designated officer for the magistrates' court shall give notice thereof in writing to the governor of the prison to which persons of the sex of the person committed are committed by that court if committed in custody for trial and also, if the person committed is under the age of 21, to the governor of the remand centre to which he would have been committed if the court had refused him bail.

Committal to Crown Court for order restricting discharge, etc.

18. Where a magistrates' court commits an offender to the Crown Court either—

(a)under section 67(1) of the Mental Health Act 1959 with a view to the making of a hospital order with an order restricting his discharge; or

(b)under section 3 of the Act 2000 , as modified by subsection (4) of the said section 67, with a view to the passing of a more severe sentence than the magistrates' court has power to inflict if such an order is not made,

the designated officer for the court shall send to the appropriate officer of the Crown Court—

(i)the copies, documents and articles specified in rule 17;

(ii)any written evidence about the offender given by a medical practitioner under section 60(1)(a) of the Mental Health Act 1959 or a copy of a note of any oral evidence so given;

(iii)the name and address of the hospital the managers of which have agreed to admit the offender if a hospital order is made; and

(iv)if the offender has been admitted to a hospital under section 68 of that Act, the name and address of that hospital.

Remittals to another magistrates' court for sentence, etc.

19.—(1) Where a magistrates' court remits an offender to some other magistrates' court under section 10 of the Act of 2000 after convicting him of an offence, the designated officer for the convicting court shall send to the designated officer for the other court—

(a)a copy signed by the designated officer for the convicting court of the minute or memorandum of the conviction and remittal entered in the register;

(b)a copy of any note of the evidence given at the trial of the offender, any written statement tendered in evidence and any deposition;

(c)such documents and articles produced in evidence before the convicting court as have been retained by that court;

(d)any report relating to the offender considered by the convicting court;

(e)if the offender is remitted on bail, a copy of the record made by the convicting court in pursuance of section 5 of the Bail Act 1976 relating to such bail and also any recognizance entered into by any person as his surety;

(f)if the convicting court makes an order under section 148 of the Act of 2000 (restitution orders) , a copy signed by the designated officer for the convicting court of the minute or memorandum of the order entered in the register;

(g)a copy of any representation order previously made in the same case; and

(h)a copy of any application for a representation order ; ...

(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a magistrates' court remits an offender to some other magistrates' court as aforesaid and the other court remits him back to the convicting court under subsection (5) of the said section 10 , the designated officer for the other court shall send to the designated officer for the convicting court—

(a)a copy signed by the designated officer for the other court of the minute or memorandum of the remittal back entered in the register;

(b)if the offender is remitted back on bail, a copy of the record made by the other court in pursuance of section 5 of the Bail Act 1976 relating to such bail and also any recognizance entered into by any person as his surety;

(c)all documents and articles sent in pursuance of paragraph (1).

(3) In this rule “the offender”, “the convicting court” and “the other court” have the same meanings as in the said section 10 .

Duty of clerk receiving statutory declaration under s.14(1) of Act of 1980

20. Where the designated officer for a magistrates' court receives a statutory declaration which complies with section 14(1) of the Act of 1980, he shall—

(a)note the receipt of the declaration in the register ...; and

(b)inform the prosecutor and, if the prosecutor is not a constable, the chief officer of police of the receipt of the declaration.

SUMMARY TRIAL OF OFFENCE TRIABLE EITHER WAY

Duty to recall witnesses who have given evidence before examining justices

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preservation of depositions where offence friable either way is dealt with summarily

22. The designated officer for the magistrates' court by which any person charged with an offence triable either way has been tried summarily shall preserve for a period of three years such depositions as have been taken.

REMAND

Remand on bail for more than 8 days where sureties have not entered into recognizances

23. Where the court, with a view to a person's being remanded on bail under paragraph (a) of section 128(6) of the Act of 1980 for a period exceeding 8 days, has fixed the amount of the recognizances to be taken for that purpose but commits that person to custody because the recognizances of the sureties have not yet been taken, the warrant of commitment shall direct the governor or keeper of the prison or place to which he is committed to bring him before the court at the end of 8 clear days or at such earlier time as may be specified in the warrant, unless in the meantime the sureties have entered into their recognizances.

Documents to be sent on remand for medical inquiry

24. On exercising the powers conferred by section 11 of the Act of 2000 a court shall—

(a)where the accused is remanded in custody, send to the institution or place to which he is committed;

(b)where the accused is remanded on bail, send to the institution or place at which, or the person by whom, he is to be examined,

a statement of the reasons why the court is of opinion that an inquiry ought to be made into his physical or mental condition and of any information before the court about his physical or mental condition.

Transfer of remand hearings

25.—(1) Where a magistrates' court, under section 130(1) of the Act of 1980, orders that an accused who has been remanded in custody be brought up for any subsequent remands before an alternate magistrates' court, the designated officer for the first-mentioned court shall, as soon as practicable after the making of the order and in any case within 2 days thereafter (not counting Sundays, Good Friday, Christmas Day or bank holidays), send to the designated officer for the alternate court—

(a)a statement indicating the offence or offences charged;

(b)a copy of the record made by the first-mentioned court in pursuance of section 5 of the Bail Act 1976 relating to the withholding of bail in respect of the accused when he was last remanded in custody;

(c)a copy of any representation order previously made in the same case;

(d)a copy of any application for a representation order ;

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)if the first-mentioned court has made an order under section 8(2) of the Act of 1980 (removal of restrictions on reports of committal proceedings), a statement to that effect;

(g)a statement indicating whether or not the accused has a solicitor acting for him in the case and has consented to the hearing and determination in his absence of any application for his remand on an adjournment of the case under sections 5, 10(1) and 18(4) of the Act of 1980 together with a statement indicating whether or not that consent has been withdrawn;

(h)a statement indicating the occasions, if any, on which the accused has been remanded under section 128(3A) of the Act of 1980 without being brought before the first-mentioned court.

(1A)Where the first-mentioned court is satisfied as mentioned in section 128(3A) of the Act of 1980, paragraph (1) shall have effect as if for the words “an accused who has been remanded in custody be brought up for any subsequent remands before” there were substituted the words “applications for any subsequent remands of the accused be made to”.

(2) The designated officer for an alternate magistrates' court before which an accused who has been remanded in custody is brought up for any subsequent remands in pursuance of an order made as aforesaid shall, as soon as practicable after the order ceases to be in force and in any case within 2 days thereafter (not counting Sundays, Good Friday, Christmas Day or bank holidays), send to the designated officer for the magistrates' court which made the order—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a copy of the record made by the alternate court in pursuance of section 5 of the Bail Act 1976 relating to the grant or withholding of bail in respect of the accused when he was last remanded in custody or on bail;

(c)a copy of any representation order made by the alternate court;

(d)a copy of any application for a representation order made to the alternate court;

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)if the alternate court has made an order under section 8(2) of the Act of 1980 (removal of restrictions on reports of committal proceedings), a statement to that effect.

(g)a statement indicating whether or not the accused has a solicitor acting for him in the case and has consented to the hearing and determination in his absence of any application for his remand on an adjournment of the case under sections 5, 10(1) and 18(4) of the Act of 1980 together with a statement indicating whether or not that consent has been withdrawn;

(h)a statement indicating the occasions, if any, on which the accused has been remanded by the alternate court under section 128(3A) of the Act of 1980 without being brought before that court.

(2A)Where the alternate court is satisfied as mentioned in section 128(3A) of the Act of 1980 paragraph (2) shall have effect as if for the words “an accused who has been remanded in custody is brought up for any subsequent remands” there shall be substituted the words “applications for the further remand of the accused are to be made”.

Notice of further remand in certain cases

26. Where a transfer direction has been given by the Secretary of State under section 73 of the Mental Health Act 1959 in respect of a person remanded in custody by a magistrates' court and the direction has not ceased to have effect, the designated officer for the court shall give notice in writing to the managers of the hospital where he is detained of any further remand under section 128 of the Act of 1980.

DEFERMENT OF SENTENCE

Notification of conviction before expiration of period of deferment

27. Where under section 1 of the Act of 2000 a court has deferred passing sentence on an offender and before the expiration of the period of deferment he is convicted of any offence by a magistrates' court, the designated officer for the court shall, if the court which deferred passing sentence on the earlier occasion was another magistrates' court or the Crown Court, give notice of the conviction to the designated officer for that magistrates' court or the appropriate officer of the Crown Court, as the case may be.

CONDITIONAL DISCHARGE ...

Notification in relation to an order for conditional discharge

28.—(1)Where a magistrates' court deals with a person under section 13 of the Powers of Criminal Courts (Sentencing) Act 2000 in relation to an order for conditional discharge which was not made by that court the designated officer for the court shall give notice of the result of the proceedings to the designated officer for the court by which the order was made.

(2)The designated officer for a magistrates' court receiving a notice under this rule shall note the decision of the other court in the register.

SUSPENDED SENTENCES

Entries in register in respect of suspended sentences

29.—(1) Where under section 119 of the Act of 2000 a magistrates' court deals with a person in respect of a suspended sentence otherwise than by making an order under subsection (1)(a) of that section, the court shall cause to be entered in the register its reasons for its opinion that it would be unjust to make such an order.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where an offender is dealt with under the said section 119 ... in respect of a suspended ... sentence passed by a magistrates' court, the designated officer for the court shall note this in the register ..., or where the suspended ... sentence was not passed by that court, shall notify the designated officer for the court by which it was passed who shall note it in the register ....

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspended sentence supervision orders

30.—(1) Where a magistrates' court makes an order under section 119(1)(a) or (b) of the Act of 2000 in respect of a person who is subject to a suspended sentence supervision order, the designated officer for the court shall note this in the register ..., or where that order was not made by that court, shall—

(a)if the order was made by another magistrates' court, notify the designated officer for that court who shall note the court register accordingly; or

(b)if the order was made by the Crown Court, notify the appropriate officer of the Crown Court.

(2) Where a magistrates' court discharges a suspended sentence supervision order under section 124(1) of the Act of 2000 , the designated officer for the court shall note this in the register ..., or where that order was not made by that court, shall—

(a)if the order was made by another magistrates' court, notify the designated officer for that court who shall note the court register accordingly; or

(b)if the order was made by the Crown Court, notify the appropriate officer of the Crown Court.

(3) Where a magistrates' court fines a person under section 123 of the Act of 2000 for breach of the requirements of a suspended sentence supervision order which was not made by that court, the designated officer for the court shall—

(a)if the order was made by another magistrates' court, notify the designated officer for that court; or

(b)if the order was made by the Crown Court, notify the appropriate officer of the Crown Court.

HOSPITAL ORDER

Documents to be sent under Mental Health Act 1959

31.—(1) The court by which a hospital order is made under section 60 of the Mental Health Act 1959 shall send to the hospital named in the order such information in the possession of the court as it considers likely to be of assistance in dealing with the patient to whom the order relates, and in particular such information about the mental condition, character and antecedents of the patient and the nature of the offence.

(2) The court by which a guardianship order is made under the said section 60 shall send to the local health authority named therein as guardian or, as the case may be, the local health authority for the area in which the person so named resides, such information in the possession of the court as it considers likely to be of assistance in dealing with the patient to whom the order relates and in particular such information about the mental condition, character and antecedents of the patient and the nature of the offence.

(3) The court by which an offender is ordered to be admitted to hospital under section 68 of the said Act of 1959 shall send to the hospital such information in the possession of the court as it considers likely to assist in the treatment of the offender until his case is dealt with by the Crown Court.

ENDORSEMENT

Endorsement of driving licence

32.—(1) Where a magistrates' court convicts a person of an offence and, under section 101 of the Road Traffic Act 1972(7) orders that particulars of the conviction, and, if the court orders him to be disqualified, particulars of the disqualification, shall be endorsed on any licence held by him, the particulars to be endorsed shall include—

(a)the name of the local justice area in which the court is acting ;

(b)the date of the conviction and the date on which sentence was passed (if different);

(c)particulars of the offence including the date on which it was committed;

(d)particulars of the sentence of the court (including the period of disqualification, if any).

(2) Where a magistrates' court orders that the licence of an offender be endorsed as mentioned in paragraph (1) or imposes an interim disqualification as mentioned in rule 17(1)(f) and the designated officer for the court knows or is informed of the date of birth and sex of the offender, the designated officer shall send the information to the licensing authority which granted the licence.

DEPOSITION OF PERSON DANGEROUSLY ILL

Deposition of person dangerously ill

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

APPEAL TO MAGISTRATES' COURT

Appeal to be by complaint

34. Where under any enactment an appeal lies to a magistrates' court against the decision or order of a local authority or other authority, or other body or person, the appeal shall be by way of complaint for an order.

AFFILIATION ORDERS

Time for hearing affiliation summons

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for sums under affiliation order to be paid to person having custody of child

35A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DOMESTIC PROCEEDINGS

Reasons for decisions in certain domestic proceedings to be recorded

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Copies of records to be supplied in connection with appeals

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certification of records

38. For the purposes of section 84(2) of the Act of 1978 (which provides that a copy of any record made by virtue of section 84 of the reasons for a decision of a magistrates' court shall, if certified by such officer of the court as may be prescribed, be admissible as evidence of those reasons) the certifying officer shall be the designated officer for the magistrates' court concerned.

ORDERS FOR PERIODICAL PAYMENTS

Method of making periodical payments

39.—(1)Where a magistrates' court makes a means of payment order, the clerk of the court shall record on the order for periodical payments to which the means of payment order relates, the means of payment which the court has ordered and the designated officer shall notify in writing, as soon as practicable, the person liable to make payments under the order of how payments are to be made.

(2)Where the court orders that payments by the debtor to the creditor are to be made to the designated officer for the court or to the designated officer for any other magistrates' court under section 59(3)(b) of the Act of 1980, the designated officer to whom the payments are ordered to be made shall notify the person liable to make the payments of the hours during which, and the place at which, payments are to be made.

(3)The designated officer for the court to whom any periodical payments are made shall send them by post to–

(a)the person entitled to them; or

(b)if the person entitled to them is a child, to the child or to the person with whom the child has his home:

Provided that the designated officer may–

(a)at the request of the person entitled to the payments; or

(b)if the person entitled to them is a child, at the request of the child or the person with whom the child has his home,

make other arrangements for making the payments.

(4)If a person makes any periodical payments to the designated officer for a magistrates' court otherwise than in person at the office of the designated officer, he shall do so at his own risk and expense.

(5)Where the court orders that payments by the debtor to the creditor be made by a method of payment falling within section 59(6) of the Act of 1980 (standing order, etc.), the designated officer for the court shall notify the person liable to make payments under the order of the number and location of the account into which the payments should made.

(6)Where the designated officer for a magistrates' court receives an application from an interested party under section 20ZA(2) of the Act of 1978, section 60(4) of the Act of 1980 or paragraph 6A(2) of Schedule 1 to the Children Act 1989 for the method of payment to be varied, the designated officer shall notify in writing, as soon as practicable, that party and, where practicable, any other interested party, of the result of the application, including any decision to refer the matter to the court; where the designated officer for the court grants the application, he shall record the variation on the order for periodical payments to which the variation relates.

(7)In this rule “means of payment order” means an order of a magistrates' court under paragraphs (a) to (d) of section 59(3) of the Act of 1980.

Duty of clerk to notify arrears of periodical payments

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation, variation, etc., of orders for periodical payments

41.—(1) This rule shall apply to a complaint for the revocation, discharge, revival, alteration or variation of an magistrates' court maintenance order or order enforceable as an magistrates' court maintenance order , but shall not apply—

(a)where jurisdiction is confined by paragraph (a) of subsection (2) of section 88 of the Children and Young Persons Act 1933(8) to courts acting in the local justice area where the person liable is residing;

(b)where an order has been made under the proviso to subsection (4) of that section;

(c)to a contribution order;

(d)to a complaint for an order under section 26(4) of the Children Act 1948(9);

(e)to a complaint for an order under section 22(1) of the Maintenance Orders Act 1950(10).

(2) A complaint to which this rule applies may be made to a justice of the peace acting in the same local justice area as the responsible court or to a justice of the peace acting in the local justice area where the complainant is for the time being.

(3) A justice of the peace shall not take action on a complaint to which this rule applies unless either the complainant has furnished him with written particulars—

(a)of the nature of the evidence that the complainant proposes to adduce at the hearing of the complaint and the names and addresses and, if known to him, the occupations of his witnesses; and

(b)of the occupations of the complainant and defendant and the address of the complainant and last address of the defendant known to the complainant,

or the justice is acting in the same local justice area as the responsible court and it appears to him that the last address of the defendant known to the complainant is within that area.

(4) Where a complaint to which this rule applies is made to a justice of the peace acting in the same local justice area as the responsible court, and it appears to him that either of the places stated in the said particulars as being the addresses of the complainant and defendant is within another local justice area , then, if the justice determines that the complaint could more conveniently be dealt with by a magistrates' court acting in that other local justice area , he shall cause the designated officer for the responsible court to send by post to the designated officer for that other court the complaint, the said particulars and a copy of any relevant record of reasons for a decision kept in pursuance of rule 36.

(5) Where the places stated in the said particulars as being the addresses of the complainant and the defendant appear to the justice to be outside the local justice area in which the justice is acting and in other and different local justice areas , the reference in the last preceding paragraph to another local justice area shall be construed as a reference to such one of those other areas aforesaid as appears to the justice convenient.

(6) On receipt by the designated officer for a magistrates' court of a complaint, the particulars and a copy of any relevant record of reasons under paragraph (4), he shall bring the complaint before the court, and the court shall issue a summons requiring the defendant to appear before it, and shall hear and determine the complaint.

(7) Where a complaint to which this rule applies is made to a justice of the peace acting in a local justice area other than that in which the responsible court acts , the justice shall cause the designated officer for the magistrates' court acting in that other local justice area to send the complaint, the said particulars and the said copy of any relevant record of reasons by post to the designated officer for the responsible court; and the designated officer for the responsible court shall bring the complaint before the court; and thereupon paragraphs (4) to (6) shall have effect as if the complaint had been made and the particulars and the copy of any relevant record of reasons furnished to a justice of the peace acting in the same local justice area as the responsible court.

(8) Notwithstanding the foregoing provisions of this rule, a justice to whom a complaint is made may refer the complaint to the responsible court which may, in such case or when the complaint is brought before the court in accordance with paragraph (6), cause the complaint, the particulars and the copy of any relevant record of reasons to be sent by post to the designated officer for the court which made the original order and that designated officer and that court shall proceed in accordance with the provisions of paragraph (6).

(9) Where a magistrates' court makes an order on a complaint to which this rule applies affecting an order made by another magistrates' court or affecting an order under which payments are made to the designated officer for another magistrates' court, the designated officer for the first-mentioned court shall cause a copy of the order to be sent to the designated officer for that other court.

(10) In this rule “responsible court” means—

(a)where payments under the order are made to the designated officer for a magistrates' court, that court;

(b)where payments are not so made, the court which made the order.

Application for sums under affiliation order to be paid to person having custody of child

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of copy of order

43. Where a magistrates' court makes, revokes, discharges, suspends, revives, alters or varies an magistrates' court maintenance order or order enforceable as an magistrates' court maintenance order or allows time or further time for payment of a lump sum under any such order or orders payment of a lump sum under any such order to be paid by instalments or varies any such order for payment by instalments the court shall cause a copy of its order to be served on the defendant by delivering it to him or by sending it by post in a letter addressed to him at his last known or usual place of abode.

Remission of sums due under order

44.—(1) Before remitting the whole or any part of a sum due under an magistrates' court maintenance order or an order enforceable as an magistrates' court maintenance order under section 95 of the Act of 1980, the court shall, except save where it appears to it to be unnecessary or impracticable to do so, cause the person in whose favour the order is made or, if that person is a child, the child or the person with whom the child has his home to be notified of its intention and shall afford to such person a reasonable opportunity to make representations to the court, either orally at an adjourned hearing of the complaint for enforcement or in writing and such representations shall be considered by the court.

(2) Any written representations may be considered by the court if they purport to be signed by or on behalf of the person in whose favour the order is made or, if that person is a child, by or on behalf of the child or the person with whom the child has his home.

Duty of clerk to notify remarriage of person entitled to payments under a maintenance order

45.—(1) Where the designated officer for a magistrates' court to whom any payments under an order to which this rule applies are required to be made is notified in writing by or on behalf of the person entitled to payments under such an order, the person liable to make payments under such an order or the personal representatives of either of those persons that the person so entitled has remarried, the designated officer shall forthwith in writing so notify the designated officer for or other appropriate officer of each of the courts mentioned in paragraph (2) for which he is not the designated officer .

(2) The courts referred to in paragraph (1) are—

(a)any court which has made a relevant order or, in the case of a provisional order made under section 3 of the Maintenance Orders (Facilities for Enforcement) Act 1920(11) or section 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1972(12), the court which confirmed the order;

(b)if a relevant order has been transmitted abroad for registration under section 2 of the said Act of 1920 or section 2 of the said Act of 1972 the court in which the order is registered, and

(c)if a complaint for the enforcement of a relevant order has been sent to a court under rule 59(2), that court.

(3) This rule applies to an order in relation to which section 4(2) of the Act of 1978 applies, an order to which section 38 of the Matrimonial Causes Act 1973(13) applies and an attachment of earnings order made to secure payments under either of the above-mentioned orders and in paragraph (2) “relevant order” means any such order to which the payments referred to in paragraph (1) relate.

SATISFACTION, ENFORCEMENT AND APPLICATION OF PAYMENTS

Notice to defendant of fine or forfeited recognizance

46.—(1) Where under section 140(1) of the Act of 2000 , section 49 of the Criminal Justice Act 1967 or section 19(5) of the Coroners Act 1887(14) a magistrates' court is required to enforce payment of a fine imposed or recognizance forfeited by the Crown Court or by a coroner or where a magistrates' court allows time for payment of a sum adjudged to be paid by a summary conviction, or directs that the sum be paid by instalments, or where the offender is absent when a sum is adjudged to be paid by a summary conviction, the designated officer for the court shall serve on the offender notice in writing stating the amount of the sum and, if it is to be paid by instalments, the amount of the instalments, the date on which the sum, or each of the instalments, is to be paid and the places and times at which payment may be made; and a warrant of distress or commitment shall not be issued until the preceding provisions of this rule have been complied with.

(2) A notice under this rule shall be served by delivering it to the offender or by sending it to him by post in a letter addressed to him at his last known or usual place of abode.

Registration and notification of financial penalty enforcement order

47.—(1) The designated officer for a magistrates' court receiving a financial penalty enforcement order made by the Defence Council or an officer authorised by them shall cause the said order to be registered in his courts by means of a memorandum entered in the register kept pursuant to rule 66 and signed by him and shall send notice in writing to the Defence Council or the authorised officer, as appropriate, stating that the order has been so registered.

(2) Where a financial penalty enforcement order has been registered in accordance with the provisions of paragraph (1), the designated officer shall forthwith serve on the person against whom the order was made a notice of registration in the prescribed form.

(3) A notice required by paragraph (2) shall be served on the person by delivering it to him or by sending it by post addressed to him at the address shown on the financial penalty enforcement order.

(4) In this rule “financial penalty enforcement order” means an order made under section 133A(1) of the Army Act 1955(15), section 133A(1) of the Air Force Act 1955(16) or section 128F(1) of the Naval Discipline Act 1957(17).

To whom payments are to be made

48.—(1)A person adjudged by the conviction of a magistrates' court to pay any sum shall, unless the court otherwise directs, pay that sum, or any instalment of that sum, to the designated officer for the court.

(2) Where payment of any sum or instalment of any sum adjudged to be paid by the conviction or order of a magistrates' court is made to any person other than the designated officer for the court, that person, unless he is the person to whom the court has directed payment to be made or, in the case of a child, is the person with whom the child has his home, shall, as soon as may be, account for and, if the designated officer so requires, pay over the sum or instalment to the designated officer for the court.

(3) Where payment of any sum adjudged to be paid by the conviction or order of a magistrates' court, or any instalment of such a sum, is directed to be made to the designated officer for some other magistrates' court, the designated officer for the court that adjudged the sum to be paid shall pay over any sums received by him on account of the said sum or instalment to the designated officer for that other court.

Duty of clerk to give receipt

49. The designated officer for a magistrates' court shall give or send a receipt to any person who makes a payment to him in pursuance of a conviction or order of a magistrates' court and who asks for a receipt.

Relief of collecting officer

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for further time

51. An application under section 75(2) of the Act of 1980 or , section 22 of the Act of 1978, ... ... may, unless the court requires the applicant to attend, be made in writing.

Notice of date of hearing of means inquiry etc.

52. Where a magistrates' court, under subsection (1) of section 86 of the Act of 1980 (power of magistrates' court to fix pay for appearance of offender at means inquiry etc.), has fixed a day on which an offender must appear in person before the court and, under subsection (3) of that section, fixes a later day in substitution for the day previously fixed, service of the notice of the substituted day may be effected in any manner in which service of a summons may be effected under rule 99(1).

Review of terms of postponement of warrant of commitment

52A.An application under section 77(5) of the Magistrates' Courts Act 1980 may be made in writing or in person and where under that subsection a justice of the peace refers such an application to the court, notice of the time and place fixed under section 77(6) for the hearing of the application may be deemed to have been given if it is sent by registered post or the recorded delivery service addressed to the applicant at his last known address, notwithstanding that the notice is returned as undelivered or is for any other reason not received by the applicant.

Notice to defendant before enforcing order

53.—(1) A warrant of distress shall not be issued for failure to pay a sum enforceable as a civil debt unless the defendant has been previously served with a copy of the minute of the order, or the order was made in his presence and the warrant is issued on that occasion.

(2) A warrant of commitment shall not be issued for disobedience to an order of a magistrates' court unless the defendant has been previously served with a copy of the minute of the order, or the order was made in his presence and the warrant is issued on that occasion:

Provided that this paragraph shall not apply to—

(a)an order to pay money; or

(b)an expedited order under section 16(2) and (6) of the Act of 1978.

(3) A copy of the minute of the order shall be served under this rule by delivering it to the defendant or by sending it to him by post in a letter addressed to him at his last known or usual place of abode.

(4) In relation to an order under section 16 of the Act of 1978 (other than an expedited order under subsections (2) and (6) of that section) paragraphs (2) and (3) shall have effect as if for the references to a copy of a minute of the order there were substituted references to a copy of the order.

Execution of distress warrant

54.—(1) A warrant of distress issued for the purpose of levying a sum adjudged to be paid by a summary conviction or order—

(a)shall name or otherwise describe the person against whom the distress is to be levied;

(b)shall be directed to the constables of the police area in which the warrant is issued or to the civilian enforcement officers for the area in which they are employed , or to a person named in the warrant and shall, subject to, and in accordance with, the provisions of this rule, require them to levy the said sum by distress and sale of the goods belonging to the said person;

(c)may where it is directed to the constables of a police area, instead of being executed by any of those constables, be executed by any person under the direction of a constable.

(2) The warrant shall authorise the person charged with the execution of it to take as well any money as any goods of the person against whom the distress is levied; and any money so taken shall be treated as if it were the proceeds of the sale of goods taken under the warrant.

(3) The warrant shall require the person charged with the execution to pay the sum to be levied to the designated officer for the court that issued the warrant.

(3A)A warrant to which this rule applies may be executed by the persons to whom it was directed or by any of the following persons, whether or not the warrant was directed to them—

(a)a constable for any police area in England and Wales, acting in his own police area;

(b)where the warrant is one to which section 125A of the Act of 1980 applies, a civilian enforcement officer within the meaning of section 125A of the Act of 1980;

(c)where the warrant is one to which section 125A of the Act of 1980 applies, any of the individuals described in section 125B(1) of the Act of 1980;

and in this rule any reference to the person charged with the execution of a warrant includes any of the above persons who is for the time being authorised to execute the warrant, whether or not they have the warrant in their possession at the time.

(3B)A person executing a warrant of distress shall—

(a)either—

(i)if he has the warrant with him, show it to the person against whom the distress is levied, or

(ii)otherwise, state where the warrant is and what arrangements may be made to allow the person against whom distress is levied to inspect it;

(b)explain, in ordinary language, the sum for which distress is levied and the reason for the distress;

(c)where the person executing the warrant is one of the persons referred to in paragraph (3A)(b) or (c) above, show the person against whom distress is levied a written statement under section 125A(4) of 125B(4) as appropriate; and

(d)in any case, show documentary proof of his identity.

(4)There shall not be taken under the warrant the clothing or bedding of any person or his family or the tools, books, vehicles or other equipment which he personally needs to use in his employment, business or vocation, provided that in this paragraph the word “person” shall not include a corporation.

(5) The distress levied under any such warrant as aforesaid shall be sold within such period beginning not earlier than the 6th day after the making of the distress as may be specified in the warrant, or if no period is specified in the warrant, within a period beginning on the 6th day and ending on the 14th day after the making of the distress:

Provided that with the consent in writing of the person against whom the distress is levied the distress may be sold before the beginning of the said period.

(5A)The clerk of the court which issued the warrant may, on the application of the person charged with the execution of it, extend the period within which the distress must be sold by any number of days not exceeding 60; but following the grant of such an application there shall be no further variation or extension of that period.

(6) The said distress shall be sold by public auction or in such other manner as the person against whom the distress is levied may in writing allow.

(7) Notwithstanding anything in the preceding provisions of this rule, the said distress shall not be sold if the sum for which the warrant was issued and the charges of taking and keeping the distress have been paid.

(8) Subject to any direction to the contrary in the warrant, where the distress is levied on household goods, the goods shall not, without the consent in writing of the person against whom the distress is levied, be removed from the house until the day of sale; and so much of the goods shall be impounded as is in the opinion of the person executing the warrant sufficient to satisfy the distress, by affixing to the articles impounded a conspicuous mark.

(9) The ...person charged with the execution of any such warrant as aforesaid shall cause the distress to be sold, and may deduct out of the amount realised by the sale all costs and charges incurred in effecting the sale; and he shall return to the owner the balance, if any, after retaining the amount of the sum for which the warrant was issued and the proper costs and charges of the execution of the warrant.

(10) The ... person charged with the execution of any such warrant as aforesaid shall as soon as practicable send to the designated officer for the court that issued it a written account of the costs and charges incurred in executing it; and the designated officer shall allow the person against whom the distress was levied to inspect the account within one month after the levy of the distress at any reasonable time to be appointed by the court.

(11) If any person pays or tenders to the ...person charged with the execution of any such warrant as aforesaid the sum mentioned in the warrant, or produces a receipt for that sum given by the designated officer for the court that issued the warrant, and also pays the amount of the costs and charges of the distress up to the time of the payment or tender or the production of the receipt, the ... person as aforesaid shall not execute the warrant, or shall cease to execute it, as the case may be.

Payment after imprisonment imposed

55.—(1) The persons authorised for the purposes of section 79(2) of the Act of 1980 to receive a part payment are—

(a)unless there has been issued a warrant of distress or commitment, the designated officer for the court enforcing payment of the sum, or any person appointed under section 88 of that Act to supervise the offender;

(b)where the issue of a warrant of commitment has been suspended on conditions which provide for payment to be made to the designated officer for some other magistrates' court, that designated officer ;

(c)any constable holding a warrant of distress or commitment, or, where the warrant is directed to some other person, that person;

(d)the governor or keeper of the prison or place in which the defaulter is detained, or other person having lawful custody of the defaulter:

Provided that—

(i)the said governor or keeper shall not be required to accept any sum tendered in part payment under the said subsection (2) except on a week-day between 9 o'clock in the morning and 5 o'clock in the afternoon; and

(ii)no person shall be required to receive in part payment under the said subsection (2) an amount which, or so much of an amount as, will not procure a reduction of the period for which the defaulter is committed or ordered to be detained.

(2) Where a person having custody of a defaulter receives payment of any sum he shall note receipt of the sum on the warrant of commitment.

(3) Where the designated officer for a court other than the court enforcing payment of the sums receives payment of any sum he shall inform the designated officer for the other court.

(4) Where a person appointed under section 88 of the Act of 1980 to supervise an offender receives payment of any sum, he shall send it forthwith to the designated officer for the court which appointed him.

(5)If the period of imprisonment imposed on any person in default of payment of a sum adjudged to be paid by a conviction or order of a magistrates' court, or for want of sufficient distress to satisfy such a sum, is reduced through part payments to less than 5 days, he may be committed either to a prison or to a place certified by the Secretary of State under section 134 of the Act of 1980, or, if he is already in prison, the Secretary of State may transfer him to a place so certified.

Order for supervision

56.—(1) Unless an order under section 88(1) of the Act of 1980 is made in the offender's presence, the designated officer for the court making the order shall deliver to the offender, or serve on him by post, notice in writing of the order.

(2) It shall be the duty of any person for the time being appointed under the said section to advise and befriend the offender with a view to inducing him to pay the sum adjudged to be paid and thereby avoid committal to custody and to give any information required by a magistrates' court about the offender's conduct and means.

Transfer of fine order

57.—(1) The designated officer for a magistrates' court which has made a transfer of fine order under section 89 or 90 or section 90 as applied by section 91 of the Act of 1980 shall send to the clerk of the court having jurisdiction under the order a copy of the order ....

(2) Where a magistrates' court has made a transfer of fine order in respect of a sum adjudged to be paid by a court in Scotland or in Northern Ireland the designated officer for the magistrates' court shall send a copy of the order to the clerk of the Scottish court or to the clerk of the Northern Irish court, as the case may be.

(3) Where the designated officer for a magistrates' court receives a copy of a transfer of fine order (whether made in England and Wales, or in Scotland or in Northern Ireland) specifying that court as the court by which payment of the sum in question is to be enforceable, he shall thereupon, if possible, deliver or send by post to the offender notice in writing ....

(4) Where under a transfer of fine order a sum adjudged to be paid by a Scottish court or by a Northern Irish court is enforceable by a magistrates' court—

(a)if the sum is paid, the designated officer for the magistrates' court shall send it to the clerk of the Scottish court or to the clerk of the Northern Irish court, as the case may be;

(b)if the sum is not paid, the designated officer for the magistrates' court shall inform the clerk of the Scottish court or the clerk of the Northern Irish court, as the case may be, of the manner in which the adjudication has been satisfied or that the sum, or any balance thereof, appears to be irrecoverable.

Payment of money in bank or building society account in satisfaction of confiscation order

57A.—(1)An order under section 67 of the Proceeds of Crime Act 2002 requiring a bank or building society to pay money to the designated officer for a magistrates' court (“a payment order”) shall—

(a)be directed to the bank or building society in respect of which the payment order is made;

(b)name the person against whom the confiscation order has been made;

(c)state the amount which remains to be paid under the confiscation order;

(d)state the name and address of the branch at which the account in which the money ordered to be paid is held and the sort code of that branch, if the sort code is known;

(e)state the name in which the account in which the money ordered to be paid is held and the account number of that account, if the account number is known;

(f)state the amount which the bank or building society is required to pay to the designated officer for the court under the payment order;

(g)give the name and address of the designated officer for the court to whom payment is to be made; and

(h)require the bank or building society to make payment within a period of 7 days beginning on the day on which the payment order is made, unless it appears to the court that a longer or shorter period would be appropriate in the particular circumstances.

(2)The payment order shall be served on the bank or building society in respect of which it is made by leaving it at, or sending it by first class post to, the principal office of the bank or building society.

(3)A payment order which is served by first class post shall, unless the contrary is proved, be deemed to have been served on the second business day after posting.

(4)In this rule—

(a)“business day” means any day other than—

(i)a Saturday, Sunday, Christmas Day or Good Friday; or

(ii)a bank holiday under the Banking and Financial Dealings Act 1971, in England and Wales;

(b)“confiscation order” has the meaning given to it by section 88(6) of the Proceeds of Crime Act 2002.

Civil debt: judgment summons

58.—(1) A summons issued on a complaint made for the purposes of section 96 of the Act of 1980 (in these rules referred to as a “judgment summons”) shall be served on the judgment debtor personally:

Provided that if a justice of the peace is satisfied by evidence on oath that prompt personal service of the summons is impracticable, he may allow the summons to be served in such a way as he may think just.

(2) Unless the judgment debtor appears and consents to an immediate hearing, the court shall not hear the complaint unless the summons was served at least 3 clear days before the hearing.

(3) Service of a judgment summons outside the local justice area in which the justice issuing the summons acted may, without prejudice to any other provision of these rules enabling service of a summons to be proved, be proved by affidavit.

Enforcement of affiliation orders, etc.

59.—(1) Subject to the following provisions of this rule, a complaint for the enforcement of an magistrates' court maintenance order , or an order enforceable as an magistrates' court maintenance order , shall be heard by the court that made the order:

Provided that—

(a)where—

(i)the complainant is the person in whose favour the order was made or, if that person is a child, is the child or the person with whom the child has his home; and

(ii)the complainant resides in a local justice area other than that in which the court acts ; and

(iii)payment is directed to be made either to the complainant or the designated officer for a magistrates' court acting in that local justice area ,

the complaint may be heard by the last-mentioned court;

(b)where the complainant is the designated officer for a magistrates' court, the complaint may be heard by that court.

(2) Where a complaint is made to a justice of the peace for the enforcement of such an order as aforesaid and it appears to him that the defendant is for the time being in some local justice area other than that in which the justice is acting and that the order may be more conveniently enforced by a magistrates' court acting in that area , the justice shall cause the designated officer for the court to send the complaint by post to the designated officer for a magistrates' court acting in that other local justice area , and for that purpose shall write down the complaint if this has not already been done.

(3) On receipt by the designated officer for a magistrates' court of a complaint sent under the last preceding paragraph, he shall bring it before the court; and the court shall issue a summons or warrant for procuring the appearance of the defendant before it, and shall hear and determine the complaint.

(4) If, after a complaint has been sent to the designated officer for a magistrates' court under this rule, the designated officer for the court to which the complaint was made receives any payment under the order, he shall forthwith send by post to the designated officer to whom the complaint was sent a certificate of the amount of the payment and of the date when it was made.

(5) If, after a complaint has been sent as aforesaid, payment under the order is made, not to the designated officer for the court to which the complaint was originally made, but to the person specified in the order or, in the case of a child, to the person with whom the child has his home, that person shall forthwith inform the designated officer of the amount and date as aforesaid and the designated officer shall forthwith send a certificate of the amount and date as required by the last preceding paragraph.

(6) A certificate under this rule purporting to be signed by the designated officer for the court to which the complaint was originally made shall be admissible as evidence on the hearing of the complaint that the amount specified in the certificate was paid on the date so specified.

(7) This rule shall not apply—

(a)where jurisdiction is confined by section 88(2)(a) of the Children and Young Persons Act 1933(18), to courts having jurisdiction in the place where the person liable is residing;

(b)to a contribution order.

Enforcement where periodical payments made under more than one order

60.—(1) Where periodical payments are required to be made to any person by another person under more than one periodical payments order, proceedings for the recovery of the payments may be brought by way of one complaint. Any such complaint shall indicate the payments due under each order referred to in the complaint.

(2)Any sum paid to the designated officer for a magistrates' court on any date by a person liable to make payments under 2 or more periodical payments orders which is less than the total sum required to be paid on that date to that designated officer by that person in respect of those orders (being orders one of which requires payments to be made for the benefit of a child to the person with whom the child has his home and one or more of which requires payments to be made to that person either for his own benefit or for the benefit of another child who has his home with him) shall be apportioned between the orders in proportion to the amounts respectively due under each order over a period of one year and if, as a result of the apportionment, the payments under any such order are no longer in arrears the residue shall be applied to the amount due under the other order or (if there is more than one other order) shall be apportioned as aforesaid between the other orders.

(3)For the purposes of calculating the apportionment of any sum under paragraph (2)—

(a)a month shall be treated as consisting of 4 weeks; and

(b)a year shall be treated as consisting of 52 weeks.

Notice of adjudication on complaint for enforcement of magistrates' court maintenance order , etc.

61. A magistrates' court shall give notice in writing to the complainant of its adjudication on a complaint for the enforcement of an magistrates' court maintenance order , or order enforceable as an magistrates' court maintenance order , unless the complainant is present or is the designated officer for the court.

Particulars relating to payment of lump sum under magistrates' court maintenance order , etc. to be entered in register

62. Where a magistrates' court allows time for payment of a lump sum required to be paid under an magistrates' court maintenance order , or order enforceable as an magistrates' court maintenance order , or orders that any such lump sum shall be paid by instalments or varies the number of instalments payable, the amount of any instalment payable or the date on which any instalment becomes payable, particulars thereof shall be entered in the register or in any separate record kept for the purpose of recording particulars of lump sum payments.

Notice of date of reception in custody and discharge

63.—(1) Where in proceedings to enforce an magistrates' court maintenance order , or an order enforceable as an magistrates' court maintenance order , the defendant is committed to custody, then on his discharge the governor or keeper of the prison or place of detention shall send to the designated officer for the court that committed the defendant a certificate showing the dates of the defendant's reception and discharge; and that designated officer shall, if the payments under the order are required to be made to the designated officer for any other court, send the certificate to the last-mentioned designated officer .

(2) Where a magistrates' court issues a warrant of commitment for a default in paying a sum adjudged to be paid by a summary conviction then on the discharge of the defaulter the govern of or keeper of the prison or place of detention shall send to the designated officer for the court a certificate showing the dates of the defaulter's reception and discharge.

Direction that money found on defaulter shall not be applied in satisfaction of debt

64. Where the defaulter is committed to, or ordered to be detained in, a prison or other place of detention, any direction given under section 80(2) of the Act of 1980 shall be endorsed on the warrant of commitment.

Particulars of fine enforcement to be entered in register

65.—(1) Where the court on the occasion of convicting an offender of an offence issues a warrant of commitment for a default in paying a sum adjudged to be paid by the conviction or, having power to issue such a warrant, fixes a term of imprisonment under section 77(2) of the Act of 1980, the reasons for the court's action shall be entered in the register, or any separate record kept for the purpose of recording particulars of fine enforcement.

(2) There shall be entered in the register, or any such record, particulars of any—

(a)means inquiry under section 82 of the Act of 1980;

(b)hearing under subsection (5) of the said section 82;

(c)allowance of further time for the payment of a sum adjudged to be paid by a conviction;

(d)direction that such a sum shall be paid by instalments including any direction varying the number of instalments payable, the amount of any instalments payable and the date on which any instalment becomes payable;

(e)distress for the enforcement of such a sum;

(f)attachment of earnings order for the enforcement of such a sum;

(ff)decision of the Secretary of State to make deductions from income support under section 24 of the Criminal Justice Act 1991;

(g)order under that Act placing a person under supervision pending payment of such a sum;

(h)order under section 85(1) of that Act remitting the whole or any part of a fine;

(i)order under section 120(4) of that Act remitting the whole or any part of any sum enforceable under that section (forfeiture of recognizance);

(j)authority granted under section 87(3) of that Act authorising the taking of proceedings in the High Court or county court for the recovery of any sum adjudged to be paid by a conviction;

(k)transfer of fine order made by the court;

(l)order transferring a fine to the court;

(m)order under section 140(1) of the Act of 2000 specifying the court for the purpose of enforcing a fine imposed or a recognizance forfeited by the Crown Court; and

(n)any fine imposed or recognizance forfeited by a coroner which has to be treated as imposed or forfeited by the court.

(o)reference by a justice of the peace of an application under section 77(5) of the Act of 1980 for a review of the terms on which a warrant of commitment is postponed;

(p)order under section 77(3) of the Act of 1980 varying the time for which or the conditions subject to which a warrant of commitment is postponed.

REGISTER

Register of convictions, etc.

66.—(1) The designated officer for every magistrates' court shall keep a register in which there shall be entered—

(a)a minute or memorandum of every adjudication of the court;

(b)a minute or memorandum of every other proceeding or thing required by these rules or any other enactment to be so entered.

(2)The register may be stored in electronic form on the court computer system and entries in the register shall include, where relevant, the following particulars—

(a)the name of the informant, complainant or applicant;

(b)the name and date of birth (if known) of the defendant or respondent;

(c)the nature of offence, matter of complaint or details of the application;

(d)the date of offence or matter of complaint;

(e)the plea or consent to order; and

(f)the minute of adjudication.

(3) Particulars of any entry relating to a decision about bail or the reasons for any such decisions or the particulars of any certificate granted under section 5(6A) of the Bail Act 1976 may be made in a book separate from that in which the entry recording the decision itself is made, but any such separate book shall be regarded as forming part of the register.

(3A)Where, by virtue of subsection (3A) of section 128 of the Act of 1980, an accused gives his consent to the hearing and determination in his absence of any application for his remand on an adjournment of the case under sections 5, 10(1) or 18(4) of that Act, the court shall cause the consent of the accused, and the date on which it was notified to the court, to be entered in the register.

(3B)Where any consent mentioned in paragraph (3A) is withdrawn, the court shall cause the withdrawal of the consent and the date on which it was notified to the court to be entered in the register.

(4) On the summary trial of an information the accused's plea shall be entered in the register.

(5) Where a court tries any person summarily in any case in which he may be tried summarily only with his consent, the court shall cause his consent to be entered in the register and, if the consent is signified by a person representing him in his absence, the court shall cause that fact also to be entered in the register.

(6) Where a person is charged before a magistrates' court with an offence triable either way the court shall cause the entry in the register to show whether he was present when the proceedings for determining the mode of trial were conducted and, if they were conducted in his absence, whether they were so conducted by virtue of section 18(3) of the Act of 1980 (disorderly conduct on his part) or by virtue of section 23(1) of that Act (consent signified by person representing him).

(7) In any case to which section 22 of the Act of 1980 (certain offences triable either way to be tried summarily if value involved is small) applies, the court shall cause its decision as to the value involved or, as the case may be, the fact that it is unable to reach such a decision to be entered in the register.

(8) Where a court has power under section 53(3) of the Act of 1980 to make an order with the consent of the defendant without hearing evidence, the court shall cause any consent of the defendant to the making of the order to be entered in the register.

(9)In the case of conviction or dismissal, the register shall clearly show the nature of the offence of which the accused is convicted or, as the case may be, the nature of the offence charged in the information that is dismissed.

(10) An entry of a conviction in the register shall state the date of the offence.

(10A)Where a court is required under section 130(3) of the Act of 2000 to give reasons for not making a compensation order the court shall cause the reasons given to be entered in the register.

(10B)Where a court passes a custodial sentence, the court shall cause a statement of whether it obtained and considered a pre-sentence report before passing sentence to be entered in the register.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Every register shall be open to inspection during reasonable hours by any justice of the peace, or any person authorised in that behalf by a justice of the peace or the Lord Chancellor .

Registration of endorsement of licence under section 34 of the Transport Act 1982

66A.The justices chief executive for, or clerk of, every magistrates' court who, as a fixed penalty clerk within the meaning of section 33(2) of the Transport Act 1982, endorses a driving licence under section 34(4) or (5) of that Act shall register the particulars of the endorsement in a book separate from the register kept under rule 66 but any such book shall be regarded as forming part of the register.

Registration of certificate issued under section 36 of the Transport Act 1982

66B.The designated officer for every magistrates' court shall register receipt of a registration certificate issued under section 36 of the Transport Act 1982 in a book separate from the register kept under rule 66 but any such book shall be regarded as forming part of the register.

EVIDENCE—GENERAL

Proof of service, handwriting, etc.

67.—(1) The service on any person of a summons, process, notice or document required or authorised to be served in any proceedings before a magistrates' court, and the handwriting or seal of a justice of the peace or other person on any warrant, summons, notice, process or documents issued or made in any such proceedings, may be proved in any legal proceedings by a document purporting to be a solemn declaration in the prescribed form made before a justice of the peace, commissioner for oaths, clerk of a magistrates' court or registrar of a county court or a sheriff or sheriff clerk (in Scotland) or a clerk of petty sessions (in Northern Ireland).

(2)The service of any process or other document required or authorised to be served may be proved in any proceedings before a magistrates' court by a document purporting to be a certificate signed by the person by whom the service was effected.

(3) References in paragraph (2) to the service of any process shall, in their application to a witness summons, be construed as including references to the payment or tender to the witness of his costs and expenses.

(4)Any process or other document produced by the court computer system on a given day shall be sufficient evidence that the process or other document was sent to the person to whom it is addressed within 2 days of it being produced, unless the contrary is proved.

Proof of proceedings

68. The register of a magistrates' court, or ... an extract from the register ... certified by the designated officer as a true extract, shall be admissible in any legal proceedings as evidence of the proceedings of the court entered in the register.

Proof that affiliation, maintenance orders, etc., have not been revoked, etc.

69. A certificate purporting to be signed by the designated officer for a magistrates' court, and stating that no minute or memorandum of an order revoking, discharging, suspending, reviving, altering or varying an magistrates' court maintenance order , or order enforceable as an magistrates' court maintenance order or an order made under Part I of the Act of 1978 enforceable otherwise than as an magistrates' court maintenance order made by the court is entered in the register of the court shall, in any proceedings relating to the enforcement of the order or the revocation, discharge, suspension, revival, alteration or variation of the order, be evidence that the order has not been revoked, discharged, suspended, revived, altered or varied.

EVIDENCE—CRIMINAL PROCEEDINGS

Evidence in committal proceedings and written statements in summary trial

70.—(1) Written statements to be tendered in evidence in accordance with section 5B of the Act of 1980 or section 9 of the Criminal Justice Act 1967 shall be in the prescribed form.

(2)When a copy of any of the following evidence, namely—

(a)evidence tendered in accordance with section 5A of the Act of 1980, or

(b)a written statement tendered in evidence under section 9 of the Criminal Justice Act 1967,

is given to or served on any party to the proceedings a copy of the evidence in question shall be given to the designated officer for the magistrates' court as soon as practicable thereafter, and where a copy of any such statement as is referred to in sub-paragraph (b) is given or served by or on behalf of the prosecutor, the accused shall be given notice by or on behalf of the prosecutor of his right to object to the statement being tendered in evidence.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where—

(a)a statement or deposition to be tendered in evidence in accordance with section 5A of the Act of 1980; or

(b)a written statement to be tendered in evidence under section 9 of the Criminal Justice Act 1967,

refers to any document or object as an exhibit, that document or object shall wherever possible be identified by means of a label or other mark of identification signed by the maker of the statement or deposition , and before a magistrates' court treats any document or object referred to as an exhibit in such a ... statement or deposition as an exhibit produced and identified in court by the maker of the statement or deposition , the court shall be satisfied that the document or object is sufficiently described in the statement or deposition for it to be identified.

(5)If it appears to a magistrates' court that any part of a any evidence tendered in accordance with the said section 5A or a written statement tendered in evidence under section 9 of the Criminal Justice Act 1967 is inadmissible there shall be written against that part—

(a)in the case of any evidence tendered in accordance with the said section 5A, but subject to paragraph (5A), the words “Treated as inadmissible” together with the signature and name of the examining justice or, where there is more than one examining justice, the signature and name of one of the examining justices by whom the evidence is so treated;

(b)in the case of a written statement tendered in evidence under the said section 9 the words “Ruled inadmissible” together with the signature and name of the justice or, where there is more than one justice, the signature and name of one of the justices who ruled the statement to be inadmissible.

(5A)Where the nature of the evidence referred to in paragraph (5)(a) is such that it is not possible to write on it, the words set out in that sub-paragraph shall instead be written on a label or other mark of identification which clearly identifies the part of the evidence to which the words relate and contains the signature and name of an examining justice in accordance with that sub-paragraph.

(6)Where, before a magistrates' court,—

(a)a statement or deposition is tendered in evidence in accordance with the said section 5A, or

(b)a written statement is tendered in accordance with the said section 9,

the name of the maker of the statement or deposition shall be read aloud unless the court otherwise directs.

(7)Where—

(a)under section 5B(4), 5C(4), 5D(5) or 5E(3) of the Act of 1980; or

(b)under sub-section (6) of the said section 9,

in any proceedings before a magistrates' court any part of the evidence has to be read out aloud, or an account has to be given orally of so much of any evidence as is not read out aloud, the evidence shall be read or the account given by or on behalf of the party which has tendered the evidence.

(8)Statements and depositions tendered in evidence in accordance with the said section 5A before a magistrates' court acting as examining justices shall be authenticated by a certificate signed by one of the examining justices.

(9)Where, before a magistrates' court—

(a)evidence is tendered as indicated in paragraph (2)(a), retained by the court, and not sent to the Crown Court under rule 11, or

(b)a written statement is tendered in evidence as indicated in paragraph (2)(b) and not sent to the Crown Court under rule 17 or 18,

all such evidence shall, subject to any direction of the court in respect of non-documentary exhibits falling within sub-paragraph (a), be preserved for a period of three years by the designated officer for the magistrates' court.

Proof by formal admission

71. Where under section 10 of the Criminal Justice Act 1967 a fact is admitted orally in court by or on behalf of the prosecutor or defendant for the purposes of the summary trial of an offence ... the court shall cause the admission to be written down and signed by or on behalf of the party making the admission.

Proof of previous convictions

72. Service on any person of a notice of intention to cite previous convictions under section 104 of the Act of 1980 or section 182(2A)(c) of the Road Traffic Act 1972(19) may be effected by delivering it to him or by sending it by post in a registered letter or by recorded delivery service , or by first class post addressed to him at his last known or usual place of abode.

Procedure for the admission of evidence of bad character

72A.—(1)A party who wants to introduce evidence of a non-defendant’s bad character or who wants to cross-examine a witness with a view to eliciting that evidence, under section 100 of the Criminal Justice Act 2003(“the 2003 Act”), must apply in the prescribed form and the application must be received by the designated officer for the magistrates' court and all other parties to the proceedings—

(a)not more than 14 days after the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigation Act 1996 (disclosure by the prosecutor); or

(b)as soon as reasonably practicable, where the application concerns a non-defendant who is to be invited to give (or has given) evidence for a defendant.

(2)A party who receives a copy of an application under paragraph (1) may oppose that application by giving notice in writing to the designated officer for the court and all other parties to the proceedings not more than 14 days after receiving that application.

(3)A prosecutor who wants to introduce evidence of a defendant’s bad character or who wants to cross-examine a witness with a view to eliciting such evidence, under section 101 of the 2003 Act (defendant’s bad character), must give notice in the prescribed form to the designated officer for the court and all other parties to the proceedings at the same time as he complies or purports to comply with section 3 of the Criminal Procedure and Investigations Act 1996.

(4)A co-defendant who wants to introduce evidence of a defendant’s bad character or who wants to cross-examine a witness with a view to eliciting that evidence, under section 101 of the 2003 Act, must give notice in the prescribed form to the designated officer for the court and all other parties to the proceedings not more than 14 days after the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996.

(5)A defendant’s application to exclude bad character evidence must be in the prescribed form and received by the designated officer for the court and all other parties to the proceedings not more than 7 days after receiving a notice under paragraph (3) or (4).

(6)A defendant entitled to receive a notice under this rule may waive his entitlement by so informing the magistrates' court and the party who would have given the notice.

(7)The magistrates' court may—

(a)allow a notice or application required under this rule to be given in a different form, or orally; or

(b)shorten a time-limit under this rule or extend it even after it has expired,

if it is in the interests of justice to do so.

(8)Where this rule requires a notice or application to be given or sent it may, with the consent of the addressee, be sent by fax or other means of electronic communication.

Clerk to have copies of documents sent to accused under s.12(1) of the Act of 1980

73.Where the prosecutor notifies the designated officer for the court that the documents mentioned in paragraphs (a) and (b) of section 12(1) of the Act of 1980 have been served upon the accused, the prosecutor shall send to the designated officer a copy of the document mentioned in paragraph (b).

APPEAL TO CROWN COURT

Documents to be sent to Crown Court

74.—(1) A designated officer for a magistrates' court shall as soon as practicable send to the appropriate officer of the Crown Court any notice of appeal to the Crown Court given to the designated officer for the court.

(2) The designated officer for a magistrates' court shall send to the appropriate officer of the Crown Court, with the notice of appeal, a copy of the extract of the magistrates' court register relating to that decision and of the last known or usual place of abode of the parties to the appeal.

(3) Where any person, having given notice of appeal to the Crown Court, has been granted bail for the purposes of the appeal the designated officer for the court from whose decision the appeal is brought shall before the day fixed for the hearing of the appeal send to the appropriate officer of the Crown Court—

(a)in the case of bail in criminal proceedings, a copy of the record made in pursuance of section 5 of the Bail Act 1976 relating to such bail;

(b)in the case of bail otherwise than in criminal proceedings, the recognizance entered into by the appellant relating to such bail.

(4) Where, in any such case as is referred to in paragraph 3(b), the recognizance in question has been entered into otherwise than before the magistrates' court from whose decision the appeal is brought, or the designated officer for that court, the person who took the recognizance shall send it forthwith to that designated officer .

(5) Where a notice of appeal is given in respect of a hospital order or guardianship order made under section 60 of the Mental Health Act 1959, the designated officer for the magistrates' court from which the appeal is brought shall send with the notice to the appropriate officer of the Crown Court any written evidence considered by the court under subsection (1)(a) of the said section 60.

(6) Where a notice of appeal is given in respect of an appeal against conviction by a magistrates' court the designated officer for the court shall send with the notice to the appropriate officer of the Crown Court any admission of facts made for the purposes of the summary trial under section 10 of the Criminal Justice Act 1967.

(7)Where a notice of appeal is given in respect of an appeal against sentence by a magistrates' court, and where that sentence was a custodial sentence, the designated officer for the court shall send with the notice to the appropriate officer of the Crown Court a statement of whether the magistrates' court obtained and considered a pre-sentence report before passing such sentence.

Abandonment of appeal

75. Where notice to abandon an appeal has been given by the appellant, any recognizance conditioned for the appearance of the appellant at the hearing of the appeal shall have effect as if conditioned for the appearance of the appellant before the court from whose decision the appeal was brought at a time and place to be notified to the appellant by the designated officer for that court.

CASE STATED

Application to state case

76.—(1) An application under section 111(1) of the Act of 1980 shall be made in writing and signed by or on behalf of the applicant and shall identify the question or questions of law or jurisdiction on which the opinion of the High Court is sought.

(2) Where one of the questions on which the opinion of the High Court is sought is whether there was evidence on which the magistrates' court could come to its decision, the particular finding of fact made by the magistrates' court which it is claimed cannot be supported by the evidence before the magistrates' court shall be specified in such application.

(3) Any such application shall be sent to the designated officer for the magistrates' court whose decision is questioned.

Consideration of draft case

77.—(1) Within 21 days after receipt of an application made in accordance with rule 76, the designated officer for the magistrates' court whose decision is questioned shall, unless the justices refuse to state a case under section 111(5) of the Act of 1980, send a draft case in which are stated the matters required under rule 81 to the applicant or his solicitor and shall send a copy thereof to the respondent or his solicitor.

(2) Within 21 days after receipt of the draft case under paragraph (1), each party may make representations thereon. Any such representations shall be in writing and signed by or on behalf of the party making them and shall be sent to the designated officer .

(3) Where the justices refuse to state a case under section 111(5) of the Act and they are required by the High Court by order of mandamus under section 111(6) to do so, this rule shall apply as if in paragraph (1)—

(a)for the words “receipt of an application made in accordance with rule 76” there were substituted the words “the date on which an order of mandamus under section 111(6) of the Act of 1980 is made”; and

(b)the words “unless the justices refuse to state a case under section 111(5) of the Act of 1980” were omitted.

Preparation and submission of final case

78.—(1) Within 21 days after the latest day on which representations may be made under rule 77, the justices whose decision is questioned shall make such adjustments, if any, to the draft case prepared for the purposes of that rule as they think fit, after considering any such representations, and shall state and sign the case.

(2) A case may be stated on behalf of the justices whose decision is questioned by any 2 or more of them and may, if the justices so direct, be signed on their behalf by their clerk.

(3) Forthwith after the case has been stated and signed the designated officer for the court shall send it to the applicant or his solicitor, together with any statement required by rule 79.

Extension of time limits

79.—(1) If the designated officer for a magistrates' court is unable to send to the applicant a draft case under paragraph (1) of rule 77 within the time required by that paragraph, he shall do so as soon as practicable thereafter and the provisions of that rule shall apply accordingly; but in that event the designated officer shall attach to the draft case, and to the final case when it is sent to the applicant or his solicitor under rule 78(3), a statement of the delay and the reasons therefor.

(2) If the designated officer for a magistrates' court receives an application in writing from or on behalf of the applicant or the respondent for an extension of the time within which representations on the draft case may be made under paragraph (2) of rule 77, together with reasons in writing therefor, the clerk of the magistrates' court may by notice in writing sent to the applicant or respondent as the case may by the designated officer be extend the time and the provisions of that paragraph and of rule 78 shall apply accordingly; but in that event the designated officer shall attach to the final case, when it is sent to the applicant or his solicitor under rule 78(3), a statement of the extension and the reasons therefor.

(3) If the justices are unable to state a case within the time required by paragraph (1) of rule 78, they shall do so as soon as practicable thereafter and the provisions of that rule shall apply accordingly; but in that event the designated officer shall attach to the final case, when it is sent to the applicant or his solicitor under rule 78(3), a statement of the delay and the reasons therefor.

Service of documents

80. Any document required by rules 76 to 79 to be sent to any person shall, either be delivered to him or be sent by post in a registered letter or by recorded delivery service and, if sent by post to an applicant or respondent, shall be addressed to him at his last known or usual place of abode.

Content of case

81.—(1) A case stated by the magistrates' court shall state the facts found by the court and the question or questions of law or jurisdiction on which the opinion of the High Court is sought.

(2) Where one of the questions on which the opinion of the High Court is sought is whether there was evidence on which the magistrates' court could come to its decision, the particular finding of fact which it is claimed cannot be supported by the evidence before the magistrates' court shall be specified in the case.

(3) Unless one of the questions on which the opinion of the High Court is sought is whether there was evidence on which the magistrates' court could come to its decision, the case shall not contain a statement of evidence.

RECOGNIZANCES AND BAIL

Recognizance to keep the peace, etc., taken by one court and discharged by another

82. Where a magistrates' court acting in any local justice area makes an order under section 116 of the Act of 1980 discharging a recognizance entered into before a magistrates' court acting in any other local justice area , the designated officer for the court that orders the recognizance to be discharged shall send a copy of the order of discharge to the designated officer for the court acting in that other local justice area .

Application to vary order for sureties or dispense with them

83. Where a person has been committed to custody in default of finding sureties and the order to find sureties was made at the instance of another person, an application under section 118 of the Act of 1980 shall be made by complaint against that other person.

Notice of enlargement of recognizances

84.—(1) If a magistrates' court before which any person is bound by a recognizance to appear enlarges the recognizance to a later time under section 129 of the Act in his absence, it shall give him and his sureties, if any, notice thereof.

(2) If a magistrates' court, under section 129(4) of the Act of 1980, enlarges the recognizance of a surety for a person committed for trial on bail, it shall give the surety notice thereof.

Procedure on application for bail following grant of conditional police bail

84A.—(1)An application under section 43B(1) of the Act of 1980 shall—

(a)be made in writing;

(b)contain a statement of the grounds upon which it is made;

(c)specify the offence with which the applicant was charged before his release on bail;

(d)specify, or be accompanied by a copy of the note of, the reasons given by the custody officer for imposing or varying the conditions of bail; and

(e)specify the name and address of any surety provided by the applicant before his release on bail to secure his surrender to custody.

(2)Any such application shall be sent to the designated officer for—

(a)the magistrates' court (if any) appointed by the custody officer as the court before which the applicant has a duty to appear; or

(b)if no such court has been appointed, a magistrates' court acting in the local justice area in which the police station at which the applicant was granted bail or at which the conditions of his bail were varied, as the case may be, is situated;

and, in either case, a copy shall be sent to a custody officer appointed for that police station.

(3)The designated officer to whom an application is sent under paragraph (2) shall send a notice in writing of the date, time and place fixed for the hearing of the application to—

(a)the applicant;

(b)the prosecutor; and

(c)any surety in connection with bail in criminal proceedings granted to, or the conditions of which were varied by a custody officer in relation to, the applicant.

(4)The time fixed for the hearing shall be not later than 72 hours after receipt of the application. In reckoning for the purposes of this paragraph any period of 72 hours, no account shall be taken of Christmas Day, Good Friday, any bank holiday, or any Saturday or Sunday.

(5)Any notice required by this rule to be sent to any person shall either be delivered to him or be sent by post in a letter and, if sent by post to the applicant or a surety of his, shall be addressed to him at his last known or usual place of abode.

(6)If the magistrates' court hearing an application under section 43B(1) of the Act of 1980 discharges or enlarges any recognizance entered into by any surety or increases or reduces the amount in which that person is bound, the designated officer for the court shall forthwith give notice thereof to the applicant and to any such surety.

(7)In this rule, “the applicant” means the person making an application under section 43B(1) of the Act of 1980.

Directions as to security, etc.

85. Where a magistrates' court, under section 3(5) or (6) of the Bail Act 1976, imposes any requirement to be complied with before a person's release on bail, the court may give directions as to the manner in which and the person or persons before whom the requirement may be complied with.

Requirements to be complied with before release

86.—(1) Where a magistrates' court has fixed the amount in which a person (including any surety) is to be bound by a recognizance, the recognizance may be entered into—

(a)in the case of a surety in connection with bail in criminal proceedings where the accused is in a prison or other place of detention, before the governor or keeper of the prison or place as well as before the persons mentioned in section 8(4)(a) of the Bail Act 1976;

(b)in any other case, before a justice of the peace, a justices' clerk, the designated officer for a magistrates' court , a police officer who either is of the rank of inspector or above or is in charge of a police station or, if the person to be bound is in a prison or other place of detention, before the governor or keeper of the prison or place ; or

(c)where a person other than a police officer is authorised under section 125A or 125B of the Act of 1980 to execute a warrant of arrest providing for a recognizance to be entered into by the person arrested (but not by any other person), before the person executing the warrant.

(2)The designated officer for a magistrates' court which has fixed the amount in which a person (including any surety) is to be bound by a recognizance or, under section 3(5), (6) or (6A) of the Bail Act 1976, imposed any requirement to be complied with before a person's release on bail or any condition of bail shall issue a certificate ... showing the amount and conditions, if any, of the recognizance, or as the case may be, containing a statement of the requirement or condition of bail; and a person authorised to take the recognizance or do anything in relation to the compliance with such requirement or condition of bail shall not be required to take or do it without production of the certificate as aforesaid.

(3) If any person proposed as a surety for a person committed to custody by a magistrates' court produces to the governor or keeper of the prison or other place of detention in which the person so committed is detained a certificate ... to the effect that he is acceptable as a surety, signed by any of the justices composing the court or the clerk of the court and signed in the margin by the person proposed as surety, the governor or keeper shall take the recognizance of the person so proposed.

(4) Where the recognizance of any person committed to custody by a magistrates' court or of any surety of such a person is taken by any person other than the court which committed the first-mentioned person to custody, the person taking the recognizance shall send it to the designated officer for that court:

Provided that, in the case of a surety, if the person committed has been committed to the Crown Court for trial or under any of the enactments mentioned in rule 17(1), the person taking the recognizance shall send it to the appropriate officer of the Crown Court.

Notice to governor of prison, etc. where release from custody is ordered

87. Where a magistrates' court has, with a view to the release on bail of a person in custody, fixed the amount in which he or any surety of such a person shall be bound or, under section 3(5) (6) or (6A) of the Bail Act 1976, imposed any requirement to be complied with before his release or any condition of bail —

(a)the designated officer for the court shall give notice thereof to the governor or keeper of the prison or place where that person is detained by sending him such a certificate as is mentioned in rule 86(2);

(b)any person authorised to take the recognizance of a surety or do anything in relation to the compliance with such requirement shall, on taking or doing it, send notice thereof by post to the said governor or keeper ... and, in the case of a recognizance of a surety, shall give a copy of the notice to the surety.

Release when recognizances have been taken or requirements complied with

88. Where a magistrates' court has, with a view to the release on bail of a person in custody, fixed the amount in which he or any surety of such a person shall be bound or, under section 3(5) or (6) of the Bail Act 1976, imposed any requirement to be complied with before his release and given notice thereof in accordance with these Rules to the governor or keeper of the prison or place where that person is detained, the governor or keeper shall, when satisfied that the recognizances of all sureties required have been taken and that all such requirements have been complied with—

(a)in the case of bail in criminal proceedings, unless he is in custody for some other cause, release him;

(b)in the case of bail otherwise than in criminal proceedings, take the recognizances of that person if this has not already been done and, unless he is in custody for some other cause, release him.

Procedure under s. 13 of the Courts Act 1971

89. Where under section 13(7) of the Courts Act 1971(20) a magistrates' court commits to custody or releases on bail a person who has been arrested in pursuance of a warrant issued by the Crown Court, or the officer in charge of a police station releases such a person on bail under section 13(6) of that Act, the designated officer for the magistrates' court or the officer, as the case may be, shall forthwith notify the appropriate officer of the Crown Court of the action which has been taken and, if that person has been released, shall transmit to the appropriate officer of the Crown Court as soon as practicable—

(a)in the case of bail in criminal proceedings, a copy of the record made in pursuance of section 5 of the Bail Act 1976 relating to such bail;

(b)in the case of bail otherwise than in criminal proceedings, the recognizance of that person.

Bail records to be entered in register

90. Any record required by section 5 of the Bail Act 1976 to be made by a magistrates' court (together with any note of reasons required by subsection (4) of that section to be included and the particulars set out in any certificate granted under subsection (6A) of that section ) and any record of reasons required by paragraph 9A of Schedule 1 to that Act shall be made by way of an entry in the register ....

Notes of argument in bail hearings

90A.Where the court hears full argument as to bail, the clerk of the court shall take a note of that argument.

Records to be kept where warrant is endorsed for bail

90B.—(1)Where a person is arrested and released on bail pursuant to a warrant endorsed for bail in accordance with section 117 of the Act of 1980, the person executing the warrant shall make a record stating the matters set out in paragraph (2) below.

(2)Those matters are—

(a)the name of the person arrested;

(b)the offence or default with which the person arrested is charged and the reason for the arrest;

(c)the fact that that person is to be released on bail;

(d)the date, time and place at which that person is to appear before the court;

(e)except in criminal proceedings, the amount if any in which that person is bound;

(f)any other details which in the opinion of the person executing the warrant are relevant.

(3)After making the record, the person executing the warrant shall—

(a)sign the record;

(b)invite the person arrested to sign the record;

(c)if the person arrested refuses to sign the record, annotate the record to show the fact of that refusal;

(d)make a copy of the record and give it to the person arrested;

(e)send the original record to the designated officer for the court which issued the warrant.

Notice of change of time for appearance

91.Where—

(a)a person has been granted bail under the Police and Criminal Evidence Act 1984 subject to a duty to appear before a magistrates' court and the court before which he is to appear appoints a later time at which he is to appear; or

(b)a magistrates' court further remands a person on bail under section 129 of the Act of 1980 in his absence,

it shall give him and his sureties, if any, notice thereof.

Notification of bail decision after arrest while on bail

92. Where a person who has been released on bail and is under a duty to surrender into the custody of a court is brought under section 7(4)(a) of the Bail Act 1976(21) before a justice of the peace, the justice shall cause a copy of the record made in pursuance of section 5 of that Act relating to his decision under section 7(5) of that Act in respect of that person to be sent—

(a)in the case of a magistrates' court, to the designated officer for that court ; or

(b)in the case of any other court, to the appropriate officer thereof:

Provided that this rule shall not apply where the court is a magistrates' court acting in the same local justice area as that in which the justice acts .

Variation of arrangements for bail on committal to Crown Court

93. Where a magistrates' court has committed or sent a person on bail to the Crown Court for trial or under any of the enactments mentioned in rule 17(1) and subsequently varies any conditions of the bail or imposes any conditions in respect of the bail, the designated officer for the court shall send to the appropriate officer of the Crown Court a copy of the record made in pursuance of section 5 of the Bail Act 1976 relating to such variation or imposition of conditions.

Procedure where prosecution appeals against a decision to grant bail

93A.—(1)Where the prosecution wishes to exercise the right of appeal, under section 1 of the Bail (Amendment) Act 1993(hereafter in this rule referred to as “the 1993 Act”), to a judge of the Crown Court against a decision to grant bail, the oral notice of appeal must be given to the clerk of the magistrates' court and to the person concerned, at the conclusion of the proceedings in which such bail was granted and before the release of the person concerned.

(2)When oral notice of appeal is given, the clerk of the magistrates' court shall announce in open court the time at which such notice was given.

(3)A record of the prosecution’s decision to appeal and the time the oral notice of appeal was given shall be made in the register and shall contain the particulars set out in the appropriate form prescribed for the purpose.

(4)Where an oral notice of appeal has been given the court shall remand the person concerned in custody by a warrant of commitment ....

(5)On receipt of the written notice of appeal required by section 1(5) of the 1993 Act, the court shall remand the person concerned in custody by a warrant of commitment ..., until the appeal is determined or otherwise disposed of.

(6)A record of the receipt of the written notice of appeal shall be made in the same manner as that of the oral notice of appeal under paragraph (3) above.

(7)If, having given oral notice of appeal, the prosecution fails to serve a written notice of appeal within the two hour period referred to in section 1(5) of the 1993 Act the clerk of the magistrates' court shall, as soon as practicable, by way of written notice (served by the designated officer for the magistrates' court) to the persons in whose custody the person concerned is, direct the release of the person concerned on bail as granted by the magistrates' court and subject to any conditions which it imposed.

(8)If the prosecution serves notice of abandonment of appeal on the designated officer for the magistrates' court, the clerk shall, forthwith, by way of written notice (served by the designated officer for the magistrates' court) to the Governor of the prison where the person concerned is being held, or the person responsible for any other establishment where such a person is being held, direct his release on bail as granted by the magistrates' court and subject to any conditions which it imposed.

(9)The designated officer for the magistrates' court shall record the prosecution’s failure to serve a written notice of appeal, or its service of a notice of abandonment, ....

(10)Where a written notice of appeal has been served on the designated officer for the magistrates' court, he shall provide as soon as practicable to the appropriate officer of the Crown Court a copy of that written notice, together with—

(a)the notes of argument made by the designated officer for the court under rule 90A of these Rules, and

(b)a note of the date, or dates, when the person concerned is next due to appear in the magistrates' court, whether he is released on bail or remanded in custody by the Crown Court.

(11)References in this rule to “the person concerned” are references to such a person within the meaning of section 1 of the 1993 Act.

Procedure on reconsideration of a decision to grant bail

93B.—(1)The appropriate court for the purposes of section 5B of the Bail Act 1976 in relation to the decision of a constable to grant bail shall be—

(a)the magistrates' court (if any) appointed by the custody officer as the court before which the person to whom bail was granted has a duty to appear; or

(b)if no such court has been appointed, a magistrates' court acting in the local justice area in which the police station at which bail was granted is situated.

(2)An application under section 5B(1) of the Bail Act 1976 shall—

(a)be made in writing;

(b)contain a statement of the grounds on which it is made;

(c)specify the offence which the proceedings in which bail was granted were connected with, or for;

(d)specify the decision to be reconsidered (including any conditions of bail which have been imposed and why they have been imposed); and

(e)specify the name and address of any surety provided by the person to whom the application relates to secure his surrender to custody.

(3)Where an application has been made to a magistrates' court under section 5B of the Bail Act 1976.

(a)the clerk of that magistrates' court shall fix a date, time and place for the hearing of the application; and

(b)the designated officer for that magistrates' court shall—

(i)give notice of the application and of the date, time and place so fixed ... to the person affected; and

(ii)send a copy of the notice to the prosecutor who made the application and to any surety specified in the application.

(4)The time fixed for the hearing shall be not later than 72 hours after receipt of the application. In reckoning for the purpose of this paragraph any period of 72 hours, no account shall be taken of Christmas Day, Good Friday, any bank holiday or any Sunday.

(5)Service of a notice to be given under paragraph (3) to the person affected may be effected by delivering it to him.

(6)At the hearing of an application under section 5B of the Bail Act 1976 the court shall consider any representations made by the person affected (whether in writing or orally) before taking any decision under that section with respect to him; and, where the person affected does not appear before the court, the court shall not take such a decision unless it is proved to the satisfaction of the court, on oath or in the manner prescribed by paragraph (1) of rule 67, that the notice required to be given under paragraph (3) was served on him before the hearing.

(7)Where the court proceeds in the absence of the person affected in accordance with paragraph (6)—

(a)if the decision of the court is to vary the conditions of bail or impose conditions in respect of bail which has been granted unconditionally, the designated officer for the court shall notify the person affected ...;

(b)if the decision of the court is to withhold bail, the order of the court under section 5B(5)(b) of the Bail Act 1976 (surrender to custody) shall be signed by the justice issuing it or state his name and be authenticated by the signature of the clerk of the court ....

(8)Service of any of the documents referred to in paragraph (7) may be effected by delivering it to the person to whom it is directed or by leaving it for him with some person at his last known or usual place of abode.

WARRANT

Committal to custody to be by warrant

94.A justice of the peace shall not commit any person to a prison, young offender institution or a remand centre, or to detention at a police station under section 128(7) of the Act of 1980, or to customs detention under section 152 of the Criminal Justice Act 1988 except by warrant of commitment.

Warrant to be signed

95. Except where signature by the clerk of a magistrates' court is permitted by rule 109 or by the Magistrates' Courts (Forms) Rules 1981(22), every warrant under the Act of 1980 shall be signed by the justice issuing it.

Warrant issued out of hours

95A.Where a warrant is issued by a justice of the peace for any local justice area at a time when the office of the designated officer for that area is closed, the applicant for the warrant shall within 72 hours serve upon the designated officer any information on which the warrant was issued.

Warrant of arrest

96.—(1) A warrant issued by a justice of the peace for the arrest of any person shall require the persons to whom it is directed, that is to say, the constables of the police area in which the warrant is issued, or the civilian enforcement officers for the area in which they are employed , or any persons named in that behalf in the warrant, to arrest the person against whom the warrant is issued.

(2) The warrant shall name or otherwise describe the person for whose arrest it is issued, and shall contain a statement of the offence charged in the information or, as the case may be, the ground on which the warrant is issued.

(3)A warrant to which this rule applies may be executed by the persons to whom it was directed or by any of the following persons, whether or not the warrant was directed to them—

(a)a constable for any police area in England and Wales, acting in his own police area;

(b)where the warrant is one to which section 125A of the Act of 1980 applies, a civilian enforcement officer within the meaning of section 125A of the Act of 1980;

(c)where the warrant is one to which section 125A of the Act of 1980 applies, any of the individuals described in section 125B(1) of the Act of 1980;

and in this rule any reference to the person charged with the execution of a warrant includes any of the above persons who is for the time being authorised to execute the warrant, whether or not they have the warrant in their possession at the time.

(4)A person executing a warrant of arrest shall, upon arresting the person against whom the warrant is issued—

(a)either

(i)if he has the warrant with him, show it to the person against whom the warrant is issued, or

(ii)otherwise, state where the warrant is and what arrangements may be made to allow the person arrested to inspect it;

(b)explain, in ordinary language, the offence or default with which the person is charged and the reason for the arrest;

(c)where the person executing the warrant is one of the persons referred to in paragraph (3)(b) or (c) above, show the person arrested a written statement under section 125A(4) or 125B(4) as appropriate; and

(d)in any case, show documentary proof of his identity.

(5)A warrant of arrest issued under any of the provisions in paragraph (6) shall cease to have effect when—

(a)the sum in respect of which the warrant is issued is paid to the person charged with the execution of the warrant;

(b)that sum is tendered to and refused by the person charged with the execution of the warrant; or

(c)a receipt for that sum given by—

(i)the designated officer for the court which issued the warrant; or

(ii)the charging or billing authority,

is produced to the person charged with the execution of the warrant.

(6)Those provisions are—

(a)sections 83(1), 83(2), 86(4) and 93(5) of the Act of 1980;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)regulation 17(5)(b) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989; and

(d)regulation 48(5)(b) of the Council Tax (Administration and Enforcement) Regulations 1992.

Warrant of commitment

97.—(1) A warrant of commitment or detention, other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988, issued by a justice of the peace—

(a)shall name or otherwise describe the person committed or detained ;

(b)shall contain a statement of the offence with which the person committed or detained is charged, or of which he has been convicted, or of any other ground on which he is committed;

(c)shall be directed to a person named in the warrant or to the constables of the police area in which the warrant is issued or to the civilian enforcement officers for the area in which they are employed and to the governor or keeper of the prison or place of detention specified in the warrant, and shall require—

(i)the named person or the constables or civilian enforcement officers to arrest the person committed or detained , if he is at large, and convey him to that prison or place and deliver him with the warrant to the governor or keeper;

(ii)the governor or keeper to keep in his custody the person committed or detained until that person be delivered in due course of law, or until the happening of an event specified in the warrant, or for the period specified in the warrant, as the case may be.

(1A)A warrant issued by a justice of the peace committing a person to customs detention under section 152 of the Criminal Justice Act 1988–

(a)shall name or otherwise describe the person committed;

(b)shall contain a statement of the offence with which the person committed is charged;

(c)shall be directed to the officers of Her Majesty’s Customs and Excise and shall require those officers to keep the person committed in their custody, unless in the meantime he be otherwise delivered in due course of law, for a period (not exceeding 192 hours) specified in the warrant.

(1B)A warrant of commitment or detention other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988 may be executed by the persons to whom it was directed or by any of the following persons, whether or not the warrant was directed to them—

(a)a constable for any police area in England and Wales, acting in his own police area;

(b)where the warrant is one to which section 125A of the Act of 1980 applies, a civilian enforcement officer within the meaning of section 125A of the Act of 1980;

(c)where the warrant is one to which section 125A of the Act of 1980 applies, any of the individuals described in section 125B(1) of the Act of 1980;

and in this rule any reference to the person charged with the execution of a warrant includes any of the above persons who is for the time being authorised to execute the warrant, whether or not they have the warrant in their possession at the time.

(1C)A person executing a warrant of commitment or detention shall, upon arresting the person against whom the warrant is issued—

(a)either

(i)if he has the warrant with him, show it to the person against whom the warrant is issued, or

(ii)otherwise, state where the warrant is and what arrangements may be made to allow the person against whom the warrant was issued to inspect it;

(b)explain, in ordinary language, the offence or default with which the person is charged and the reason for the commitment or detention;

(c)where the person executing the warrant is one of the persons referred to in paragraph (1B)(b) or (c) above, show the person against whom the warrant was issued a written statement under section 125A(4) or 125B(4) as appropriate; and

(d)in any case, show documentary proof of his identity.

(2) A warrant of commitment or detention, other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988, may be executed by conveying the person committed or detained to any prison or place of detention in which he may lawfully be detained and delivering him there together with the warrant; and, so long as any person is detained in any such prison or place other than that specified in the warrant , the warrant shall have effect as if that other prison or place were the prison or place specified in it.

(3) Notwithstanding the preceding provisions of this rule, a warrant of commitment or detention issued in pursuance of a valid conviction, or of a valid order requiring the person committed or detained to do or abstain from doing anything, shall not, if it alleges that the person committed or detained has been convicted, or ordered to do or abstain from doing that thing, be held void by reason of any defect in the warrant.

(4) The governor or keeper of the prison or place of detention at which any person is delivered in pursuance of a warrant of commitment or detention shall give to the constable or other person making the delivery a receipt for that person.

(5) Notwithstanding the preceding provisions of this rule, a warrant of a justice of the peace to commit to custody any person who to the justice's knowledge is already detained in a prison or other place of detention shall be delivered to the governor or keeper of the prison or place of detention in which that person is detained.

(6)A warrant of commitment or detention issued under any of the provisions in paragraph (7) shall cease to have effect if, at any time before the person for whose commitment or detention the warrant was issued is placed in custody—

(a)the sum in respect of which the warrant is issued, together with the costs and charges, if any, of the commitment, is paid to the person charged with the execution of the warrant;

(b)that sum is tendered to and refused by the person charged with the execution of the warrant; or

(c)a receipt for that sum given by—

(i)the designated officer for the court which issued the warrant; or

(ii)the charging or billing authority,

is produced to the person charged with the execution of the warrant.

(7)Those provisions are:

(a)sections 76 and 136 of the Act of 1980;

(b)section 40 of the Child Support Act 1991;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)regulation 16(3)(a) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989; and

(e)regulation 47(3)(a) of the Council Tax (Administration and Enforcement) Regulations 1992.

(8)A warrant of commitment issued for the enforcement of a maintenance order to which Part I of the Maintenance Orders Act 1958 applies shall cease to have effect if, at any time when the defendant is not already detained in pursuance of the warrant, the person charged with the execution of the warrant is informed—

(a)that an application for registration of the order has been granted under section 2 of the Maintenance Orders Act 1958; or

(b)that notice seeking the cancellation of such registration has been given under section 5 of that Act.

SUMMONS

Form of summons

98.—(1) A summons shall be signed by the justice issuing it or state his name and be authenticated by the signature of the clerk of a magistrates' court.

(2) A summons requiring a person to appear before a magistrates' court to answer to an information or complaint shall state shortly the matter of the information or complaint and shall state the time and place at which the defendant is required by the summons to appear.

(3) A single summons may be issued against a person in respect of several informations or complaints; but the summons shall state the matter of each information or complaint separately and shall have effect as several summonses, each issued in respect of one information or complaint.

(4)In this rule where a signature is required, an electronic signature incorporated into the document shall satisfy this requirement.

Service of summons, etc.

99.—(1) Service of a summons issued by a justice of the peace on a person other than a corporation may be effected—

(a)by delivering it to the person to whom it is directed; or

(b)by leaving it for him with some person at his last known or usual place of abode; or

(c)by sending it by post in a letter addressed to him at his last known or usual place of abode.

(2) ...

(3) Service for the purposes of the Act of 1980 of a summons issued by a justice of the peace on a corporation may be effected by delivering it at, or sending it by post to, the registered office of the corporation, if that office is in the United Kingdom, or, if there is no registered office in the United Kingdom, any place in the United Kingdom where the corporation trades or conducts its business.

(4) Paragraph (3) shall have effect in relation to a document (other than a summons) issued by a justice of the peace as it has effect in relation to a summons so issued, but with the substitution of references to England and Wales for the references to the United Kingdom.

(5) Any summons or other document served in manner authorised by the preceding provisions of this rule shall, for the purposes of any enactment other than the Act of 1980 or these Rules requiring a summons or other document to be served in any particular manner, be deemed to have been as effectively served as if it had been served in that manner; and nothing in this rule shall render invalid the service of a summons or other document in that manner.

(6) Sub-paragraph (c) of paragraph (1) shall not authorise the service by post of—

(a)a summons requiring the attendance of any person to give evidence or produce a document or thing; or

(b)a summons issued under any enactment relating to the liability of members of the naval, military or air forces of the Crown for the maintenance of their wives and children, whether legitimate or illegitimate.

(7) In the case of a summons issued on an application for an order under section 16 or 17(1) of the Act of 1978 (powers of court to make orders for the protection of a party to a marriage or a child of the family) service of the summons shall not be effected in manner authorised by sub-paragraph (b) or (c) of paragraph (1) unless a justice of the peace is satisfied by evidence on oath that prompt personal service of the summons is impracticable and allows service to be effected in such manner.

(8) Where this rule or any other of these Rules provides that a summons or other document may be sent by post to a person's last known or usual place of abode that rule shall have effect as if it provided also for the summons or other document to be sent in the manner specified in the rule to an address given by that person for that purpose.

(9) This rule shall not apply to a judgment summons.

FORM IN WHICH OFFENCE MAY BE STATED IN DOCUMENTS

Statement of offence

100.—(1) Every information, summons, warrant or other document laid, issued or made for the purposes of, or in connection with, any proceedings before a magistrates' court for an offence shall be sufficient if it describes the specific offence with which the accused is charged, or of which he is convicted, in ordinary language avoiding as far as possible the use of technical terms and without necessarily stating all the elements of the offence, and gives such particulars as may be necessary for giving reasonable information of the nature of the charge.

(2) If the offence charged is one created by or under any Act, the description of the offence shall contain a reference to the section of the Act, or, as the case may be, the rule, order, regulation, byelaw or other instrument creating the offence.

MISCELLANEOUS

Application for, and notice to be given of, order under s. 95 of, or paragraph 7 of Schedule 10 to, Road Traffic Act 1972

101.—(1) An application under section 95 of, or paragraph 7 of Schedule 10 to, the Road Traffic Act 1972 for an order removing a disqualification or disqualfications for holding or obtaining a licence shall be by complaint.

(2) The justice to whom the complaint is made shall issue a summons directed to the chief officer of police requiring him to appear before a magistrates' court acting in the local justice area in which the justice is acting to show cause why an order should not be made on the complaint.

(3) Where a magistrates' court makes an order under either of the provisions mentioned in paragraph (1) the court shall cause notice of the making of the order and a copy of the particulars of the order endorsed on the licence, if any, previously held by the applicant for the order to be sent to the licensing authority to which notice of the applicant's disqualification was sent.

Applications under section 34B(6) or (7) of the Road Traffic Offenders Act 1988

101A.—(1)An application to the supervising court under section 34B (6) or (7) of the Road Traffic Offenders Act 1988 shall be served on the designated officer for that court within 28 days after the date specified in an order under section 34A(2) of that Act, where that date falls on or after 24th May 1993.

(2)An application under section 34B(6) of that Act shall be accompanied by the notice under section 34B(5) of that Act.

(3)Where such an application is served on the designated officer for the court—

(a)the clerk of the court shall fix a date and time for the hearing of the application; and

(b)the designated officer shall—

(i)serve a copy of the application on the course organiser; and

(ii)serve notice of the hearing on the applicant and course organiser.

(4)If the course organiser fails to appear or be represented at the hearing of the application without reasonable excuse, the court may proceed to decide the application in his absence.

(5)In this rule, “course organiser” and “supervising court” have the meanings assigned to them in England and Wales by section 34C of the Road Traffic Offenders Act 1988.

Application for revocation of order under s.14 of Food and Drugs Act 1955

102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for substitution of conditional discharge for probation

103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for review of compensation order

104.—(1) An application under section 133 of the Act of 2000 for the review of a compensation order shall be by complaint.

(2)The designated officer for the court to which the complaint is made shall send a letter by post to the person for whose benefit the compensation order was made, inviting him to make observations and to attend any hearing of the complaint and advising him of his right to be heard.

Statements etc, relevant to making confiscation orders under the Criminal Justice Act 1988

104A.—(1)When, in any proceedings in respect of an offence listed in Schedule 4 to the Criminal Justice Act 1988, the prosecutor or the defendant tenders to a magistrates' court any statement or other document under section 73 of the said Act of 1988 he must serve a copy thereof as soon as practicable on the defendant or the prosecutor, as the case may be.

(2)Any statement tendered to the magistrates' court by the prosecutor under section 73 of the said Act of 1988 shall include the following particulars, namely—

(a)the name of the defendant;

(b)the name of the person by whom the statement is made and the date on which it was made;

(c)where the statement is not tendered immediately after the defendant has been convicted, the date on which and the place where the relevant conviction occurred;

(d)such information known to the prosecutor as is relevant to the determination as to whether or not the defendant has benefited from relevant criminal conduct and to the assessment of the value of his benefit from such conduct.

(3)Where, in accordance with section 73(1C) of the said Act of 1988, the defendant indicates the extent to which he accepts any allegation contained within the prosecutor’s statement, if he indicates the same in writing to the prosecutor, he must serve a copy of that reply on the designated officer for the magistrates' court.

Postponed determinations under the Criminal Justice Act 1988

104B.—(1)Where an application to the magistrates' court is made by the defendant or the prosecutor under section 72A(5)(a) of the Criminal Justice Act 1988 asking the court to exercise its powers under section 72A(4) of that Act, such an application must be made in writing and a copy thereof must be served on the prosecutor or the defendant, as the case may be.

(2)A person who is served with a copy of an application under paragraph (1) shall, within 28 days of the date of service, notify the applicant and the designated officer for the magistrates' court, in writing, whether or not he proposes to oppose the application, giving his reasons for any such opposition.

(3)After the expiry of the period referred to in paragraph (2), the court shall determine whether an application under paragraph (1) is to be dealt with—

(a)without a hearing, or

(b)at a hearing at which the parties may be represented.

Confiscation orders— revised assessments

104C.—(1)Where the prosecutor makes an application under section 74A, 74B or 74C of the Criminal Justice Act 1988, such an application must be in writing and a copy thereof must be served on the defendant.

(2)The application must include the following particulars, namely—

(a)the name of the defendant;

(b)the date on which and the place where any relevant conviction occurred;

(c)the date on which and the place where any relevant confiscation order, was made or, as the case may be, varied;

(d)the grounds on which the application is made;

(e)an indication of the evidence available to support the application.

Application for alteration of maintenance agreement under s. 35 of Matrimonial Causes Act 1973 ...

105. An application to a magistrates' court under section 35 of the Matrimonial Causes Act 1973(23) ... for the alteration of a maintenance agreement shall be by complaint.

Proceedings against person outside the United Kingdom on application for variation, etc. of certain maintenance ... orders

106.—(1) The period referred to ... in section 41(2A) of the Maintenance Orders (Reciprocal Enforcement) Act 1972(24) (which provide that, subject to certain conditions, a magistrates' court may, if it is satisfied that the respondent has been outside the United Kingdom during such period as may be prescribed by rules, proceed on an application made under ... sections 11B or 11C of the Guardianship of Minors Act 1971(25) notwithstanding that the respondent has not been served with the summons) shall be the whole of the period beginning one month before the making of the application and ending with the date of the hearing.

(2) Before proceeding in any such case as is referred to in the ... said section 41(2A), the court shall be satisfied that, in addition to the matter referred to in those subsections, the applicant has taken steps to notify the respondent of the making of the application and of the time and place appointed for the hearing by—

(a)causing a notice in writing to that effect to be delivered to the respondent; or

(b)causing a notice in writing to that effect to be sent by post addressed to the respondent at his last known or usual place of abode or at his place of business or at such other address at which there is ground for believing that it will reach the respondent, in accordance with directions given for the purpose by a justice of the peace acting in the same local justice area as that of the court ; or

(c)causing a notice to that effect to be inserted in one or more newspapers, in accordance with directions given as aforesaid;

and that it is reasonable in all the circumstances to proceed in the absence of the respondent.

(3) In any such case as is referred to in the ... said section 41(2A), the court shall not make the order for which the application is made unless it is satisfied that during the period of 6 months immediately preceding the making of the application the respondent was continuously outside the United Kingdom or was not in the United Kingdom on more than 30 days and that, having regard to any communication to the court in writing purporting to be from the respondent, it is reasonable in all the circumstances so to do.

(4) Paragraph (1) of rule 67 of these Rules shall apply for the purpose of proving the delivery of a written notice in pursuance of paragraph (2)(a) as it applies for the purpose of proving the service of a summons.

In relation to a solemn declaration made outside the United Kingdom, paragraph (1) of the said rule 67 as applied by this paragraph, shall have effect as if for the reference to the authorities mentioned in the said paragraph (1) there were substituted a reference to a consular officer of Her Majesty's Government in the United Kingdom or any person for the time being authorised by law, in the place where the declarant is, to administer an oath for any judicial or other legal purpose.

(5) Paragraph (2) of the said rule 67 shall apply for the purpose of proving the sending of a written notice in pursuance of paragraph (2)(b) or the insertion of a notice in a newspaper in pursuance of paragraph (2)(c) as it applies for the purpose of proving the service of any process, provided, as respects the insertion of a notice in a newspaper, that a copy of the newspaper containing the notice is annexed to the certificate.

Application for summons to witness or warrant for his arrest

107.—(1) An application for the issue of a summons or warrant under section 97 or 97A of the Act of 1980 or paragraph 4 of Schedule 3 to the Act of 1998 may be made by the applicant in person or by his counsel or solicitor.

(2) An application for the issue of such a summons may be made by delivering or sending the application in writing to the designated officer for the magistrates' court ....

Notice of order under s.104 of Road Traffic Act 1972

108.—(1) Where a magistrates' court makes an order under section 104 of the Road Traffic Act 1972(26) that an offender shall inform the court of his date of birth or sex or both and the offender is not present in court, the designated officer for the court shall serve notice in writing of the order on the offender.

(2) A notice under this rule shall be served by delivering it to the offender or by sending it to him by post in a letter addressed to him at his last known or usual place of abode.

Signature of forms prescribed by rules made under the Act of 1980

109.—(1) Subject to paragraph (2), where any form prescribed by Rules made or having effect as if made under section 144 of the Act of 1980 contains provision for signature by a justice of the peace only, the form shall have effect as if it contained provision in the alternative for signature by the clerk of a magistrates' court.

(2) This rule shall not apply to any form of warrant, other than a warrant of commitment or of distress, or to any form prescribed in the Magistrates' Courts (Forms) Rules 1981.

(3)In this rule where a signature is required on a form or warrant other than an arrest, remand or commitment warrant, an electronic signature incorporated into the document will satisfy this requirement.

Cessation of Transfer Direction

110.Where a magistrates' court directs, under section 52(5) of the Mental Health Act 1983, that a transfer direction given by the Secretary of State under section 48 of that Act in respect of a person remanded in custody by a magistrates' court shall cease to have effect, the designated officer for the court shall give notice in writing of the court's direction to the managers of the hospital specified in the Secretary of State's direction and, where the period of remand has not expired or the person has been committed to the Crown Court for trial or to be otherwise dealt with, to the Governor of the prison to which persons of the sex of that person are committed by the court if remanded in custody or committed in custody for trial.

Notice of registration to defaulter under section 36(8) of the Transport Act 1982

111.Where a designated officer for a magistrates' court gives notice of registration to a defaulter under section 36(8) of the Transport Act 1982 (registration of sums payable in default for enforcement as a fine)the designated officer shall send the notice by delivering it at, or by sending it by post to, the defaulter's address as given in the certificate of registration issued under section 36(4) of that Act.

Statutory declaration under section 37 of the Transport Act 1982

112.Where a designated officer for a magistrates' court receives a statutory declaration under section 37 of the Transport Act 1982 he shall send a copy of it to the appropriate chief officer of police.

Composition of committee of magistrates for inner London area

113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for variation or discharge of orders under the Crime and Disorder Act 1998

114.An application for variation or discharge of any of the following orders shall be by complaint:

(a)a parenting order, under section 9(5) of the Crime and Disorder Act 1998;

(b)a child safety order, under section 12(4) of that Act;

(c)a reparation order, under paragraph 2 of Schedule 5 to that Act;

(d)an action plan order, under that paragraph.

Rule 1(2).

SCHEDULEREVOCATIONS