Statutory Instruments

1981 No. 552 (L. 1)

MAGISTRATES' COURTS

PROCEDURE

The Magistrates' Courts Rules 1981_cross-notes

Made

20th March 1981

Laid before Parliament

8th April 1981

Coming into Operation

6th July 1981

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 1980(1), as extended by section 145 of that Act, after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:—

GENERAL

Citation, operation and revocations_I1

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_I2

2.—(1) In these Rules—

^F1...

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

^F1...

[^F2“the Act of 2000” means the Powers of Criminal Courts (Sentencing) Act 2000;^F2]

[^F3“the Act of 1998” means the Crime and Disorder Act 1998;^F3]

[^F4“justices' legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;^F4]

[^F5“business day” means any day other than—

(a)

a Saturday, Sunday, Christmas Day or Good Friday; or

(b)

a bank holiday under the Banking and Financial Dealings Act 1971, in England and Wales;^F5]

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

^F6...

[^F7“court computer system” means a computer or computer system which is used to assist to discharge and record the business of the court.^F7]

[^F8“domestic abuse protection notice” has the same meaning as in section 22 of the Domestic Abuse Act 2021 (power to give a domestic abuse protection notice);

“domestic abuse protection order” has the same meaning as in section 27 of the Domestic Abuse Act 2021 (meaning of “domestic abuse protection order”);^F8]

[^F7“electronic signature” is as much of anything in electronic form as

(a)

is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

(b)

purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.^F7]

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

[^F9“live link” means an arrangement by which—

(a)

a person (P) taking part in proceedings can hear, or can see and hear, every other person taking part in those proceedings who is not in the same location as P; and

(b)

all those other people can hear, or can see and hear, P;^F9]

[^F10“the Schedule 12 procedure” means the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods and selling them to recover a sum of money).^F10]

[^F11(2)In these Rules “representation order” has the meaning assigned to it by section 14 of the Access to Justice Act 1999.^F11]

^F12(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F13(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 [^F14rule 3 of the Magistrates' Courts (Civilian Fine Enforcement Officers)(No. 2) Rules 1990^F14].^F13]

(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.

[^F15(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.^F15]

[^F16Duties of justices’ legal advisers

3.—(1)This rule applies in relation to a magistrates’ court, including a youth court, that comprises a lay justice or lay justices.

(2)A justices’ legal adviser―

(a)must provide the court with any legal advice that it needs to carry out its functions, whether the court asks for that advice or not, including advice about―

(i)questions of law,

(ii)questions of mixed law and fact,

(iii)matters of practice and procedure,

(iv)relevant judicial decisions that bind the court,

(v)the process to be followed to reach a decision,

(vi)the process to be followed when determining a matter,

(vii)the range of orders available to the court and the matters to be taken into account, and

(viii)any other matter relevant to the case before the court;

(b)must allow the parties, if present, an opportunity to make representations to the court about that advice;

(c)before a hearing begins must draw the court’s attention to, as appropriate—

(i)the substance of any application about to be made, including the test (if any) which must be applied and the burden and standard of proof,

(ii)what the parties say is agreed,

(iii)what the parties say is in dispute, and

(iv)what the parties say about how each expects to present the case, especially where that may affect its duration and timetabling;

(d)must assist the court by making a note of the substance of any oral evidence or representations, to help the court recall that information;

(e)may ask questions of a party or witness on the court’s behalf to clarify representations and evidence and to obtain information sufficient to allow the court to make such decisions as are required;

(f)must assist the court with the formulation and recording of reasons for its orders and, if necessary, other decisions; and

(g)may make announcements on the court’s behalf, other than an announcement of an order or finding of fact.

(3)To provide the legal advice required by paragraph (2)(a) a justices’ legal adviser must―

(a)if necessary, attend the members of the court outside the courtroom; and

(b)in that event, inform the parties, if present, of any such advice given there.

(4)A justices’ legal adviser must assist a party who has no legal representative—

(a)to understand what the court requires and why;

(b)to provide information required by the court to prepare for a hearing or to carry out its other functions; and

(c)if necessary, to make representations to the court or to give evidence.

(5)In performing the functions for which these Rules provide a justices’ legal adviser―

(a)must avoid the appearance of advocacy for a party;

(b)must adhere to the same principles that apply to courts of independence, impartiality, integrity, propriety, competence, diligence and ensuring fair treatment; and

(c)may consult with other justices’ legal advisers.^F16]

“3A.[^F17—Case management

(1)The court must actively manage the case. That includes—

(a)the early identification of the real issues;

(b)the early identification of the needs of witnesses;

(c)achieving certainty as to what must be done, by whom and when, in particular by the early setting of a timetable for the progress of the case;

(d)monitoring the progress of the case and compliance with directions;

(e)ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way;

(f)discouraging delay, dealing with as many aspects of the case as possible on the same occasion and avoiding unnecessary hearings;

(g)encouraging the participants to co-operate in the progression of the case; and

(h)making use of technology [^F18, including live links^F18].

(2)The court must actively manage the case by giving any direction appropriate to the needs of that case as early as possible.

(3)Each party must—

(a)actively assist the court in managing the case without, or if necessary with, a direction; and

(b)apply for a direction if needed to assist with the management of the case.

(4)At the beginning of the case each party must, unless the court otherwise directs—

(a)nominate an individual responsible for progressing that case; and

(b)tell other parties and the court who he is and how to contact him.

(5)In fulfilling its duty under paragraphs (1) and (2), the court must where appropriate—

(a)nominate a court officer responsible for progressing the case; and

(b)make sure the parties know who he is and how to contact him.

(6)In this rule a person nominated under paragraphs (4) and (5) is called a case progression officer. A case progression officer must—

(a)monitor compliance with directions;

(b)make sure that the court is kept informed of events that may affect the progress of that case;

(c)make sure that he can be contacted promptly about the case during ordinary business hours;

(d)act promptly and reasonably in response to communications about the case; and

(e)if he will be unavailable, appoint a substitute to fulfil his duties and inform the other case progression officers

(7)In fulfilling its duty under paragraph (2) actively to manage the case the court may give any direction and take any step unless that direction or step would be inconsistent with legislation, including these Rules. In particular, the court may—

(a)nominate a magistrate [^F19or justices' legal adviser^F19] to manage the case;

(b)give a direction on its own initiative or on application by a party;

(c)ask or allow a party to propose a direction;

(d)for the purpose of giving directions, receive applications and representations by letter, by telephone or by any other means of electronic communication, and conduct a hearing by such means;

(e)give a direction without a hearing;

(f)fix, postpone, bring forward, extend or cancel a hearing;

(g)shorten or extend (even after it has expired) a time limit fixed by a direction;

(h)require that issues in the case should be determined separately, and decide in what order they will be determined; and

(i)specify the consequences of failing to comply with a direction.

(8)Any power to give a direction under this rule includes a power to vary or revoke that direction.

(9)A party may apply to vary a direction if—

(a)the court gave it without a hearing;

(b)the court gave it at a hearing in that party’s absence; or

(c)circumstances have changed.

(10)A party who applies to vary a direction must—

(a)apply as soon as practicable after becoming aware of the grounds for doing so; and

(b)give as much notice to the other parties as the nature and urgency of the application permits.

(11)The parties may agree to vary a time limit fixed by a direction, but only if—

(a)the variation will not—

(i)affect the date of any hearing that has been fixed, or

(ii)significantly affect the progress of the case in any other way; and

(b)the court has not prohibited variation by agreement.

(12)The court’s case progression officer must refer any agreement by the parties to vary a time limit under paragraph (11) to the court if he doubts the condition in paragraph (11) is satisfied.

(13)At every hearing, if a case cannot be concluded there and then the court must give directions so that it can be concluded at the next hearing or as soon as possible after that.

(14)At every hearing the court must, where relevant—

(a)if a party is absent, decide whether to proceed nonetheless;

(b)set, follow or revise a timetable for the progress of the case, which may include a timetable for any hearing;

(c)in giving directions, ensure continuity in relation to the court and to the parties’ representatives where that is appropriate and practicable; and

(d)where a direction has not been complied with, find out why, identify who was responsible, and take appropriate action.

(15)In fulfilling his duty under paragraph (3) actively to assist the court in managing the case, each party must—

(a)comply with directions given by the court;

(b)take every reasonable step to make sure that that party’s witnesses will attend when they are needed;

(c)make appropriate arrangements to present any written or other material; and

(d)promptly inform the court and the other parties of anything that may—

(i)affect the date or duration of any hearing, or

(ii)significantly affect the progress of the case in any other way.

(16)The court may require a party to give a certificate of readiness.

(17)In order to manage the case—

(a)the court must establish, with the active assistance of the parties, what disputed issues they intend to explore; and

(b)the court may require a party to identify—

(i)which witnesses will give oral evidence,

(ii)the order in which those witnesses will give their evidence;

(iii)whether that party requires an order compelling the attendance of a witness;

(iv)what arrangements are desirable to facilitate the giving of evidence by a witness;

(v)what arrangements are desirable to facilitate the participation of any other person;

(vi)what written evidence that party intends to introduce;

(vii)what other material, if any, that party intends to make available to the court in the presentation of the case;

(viii)whether that party intends to raise any point of law that could affect the conduct of the case; and

(ix)what timetable that party proposes and expects to follow.

(18)The court must make available to the parties a record of directions given.^F17]

[^F20Live links

3B.—(1)The court may exercise its power to allow or require anyone, including any member or members of the court, to take part in proceedings by live link—

(a)on application or on the court’s own initiative; and

(b)as long as the court is satisfied that it is in the interests of justice to exercise that power in that way.

(2)Unless the court otherwise directs—

(a)a person who takes part in proceedings by live link must be treated as present; and

(b)where a member of the court takes part in proceedings by live link those proceedings must be treated as taking place—

(i)at any place at which the court lawfully can sit in England and Wales, and

(ii)at any such place as the designated officer advertises under rule 66E(2)(a).^F20]

[[^F21^,^F22Measures to help a witness to give evidence^F22]

3C.—(1)The court may exercise its power to facilitate the giving of evidence by a witness—

(a)on application or on the court’s own initiative; and

(b)as long as the court is satisfied that it is in the interests of justice to exercise that power in that way.

(2)An applicant for the exercise of that power must explain which one or more of the following arrangements the applicant suggests—

(a)by means of a screen or other arrangement preventing the witness from seeing, or being seen by, another person except—

(i)any member of the court,

(ii)any legal representative acting in the proceedings, and

(iii)any interpreter or other person appointed to assist the witness;

(b)by means of a device allowing questions and answers to be communicated to or by the witness despite any disability, disorder or other impairment;

(c)allowing the witness to be accompanied, with directions about seating arrangements for the companion; and

(d)any other arrangement that the applicant thinks would be desirable to facilitate the giving of evidence by the witness and which the court has power to direct [^F23including any special measure that the court can direct by reason of section 49 of the Domestic Abuse Act 2021^F23].^F21]

[^F24Forms and electronic arrangements for use in case management and for other purposes

3D.—(1)This rule applies where an enactment, a rule or the court requires a person to—

(a)make an application or a complaint, or give a notice;

(b)supply information for the purposes of case management by the court; or

(c)supply information needed for other purposes by the court.

(2)Unless the court otherwise directs, such a person must—

(a)use such electronic arrangements as the designated officer may make for that purpose, in accordance with those arrangements; or

(b)if no such arrangements have been made use the appropriate form issued by the Lord Chief Justice, in accordance with any relevant rule and any instructions in the form itself.^F24]

INFORMATION AND COMPLAINT

Information and complaint_cross-notes_I3

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.

[^F25Documents served on the designated officer

4A—(1)Unless the court otherwise directs, the designated officer may—

(a)keep a document served in connection with an information, complaint or application; or

(b)arrange for the whole or any part to be kept by the informant, complainant, applicant or some other appropriate person, subject to any conditions that the court may impose.

(2)A person who under such arrangements keeps such a document must provide it for the court if and when the designated officer so requires.^F25]

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

^F254B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PROCEEDINGS PRELIMINARY TO TRIAL ON INDICTMENT

Restrictions on reports of committal proceedings

^F265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committal for trial without consideration of evidence

^F266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration of evidence at committal proceedings

^F267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice to governor of prison of committal on bail

^F269. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notices on committal of person subject to transfer direction

^F2610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Material to be sent to court of trial

^F2611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2611A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SUMMARY TRIAL OF INFORMATION AND HEARING OF COMPLAINT

Information to be for one offence only

^F2612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order of evidence and speeches: information

^F2613. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure on information where accused is not legally represented

^F2613A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order of evidence and speeches: complaint_cross-notes_I4

(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

^F2715. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F28Record of Adjudication^F28]_cross-notes_I5

16.[^F29—(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.^F29]

^F30(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F31DOMESTIC ABUSE PROTECTION ORDERS

Application for order after giving domestic abuse protection notice

17.—(1)On an application for a domestic abuse protection order made as a result of a person being given a domestic abuse protection notice—

(a)the court must treat the application as a complaint and the applicant as a complainant;

(b)the person given the notice must be treated as a defendant; and

(c)the domestic abuse protection notice must be treated as a summons.

(2)The application must include a statement of the time and date when the domestic abuse protection notice was given to the defendant.

Notice of proposed terms of order

18.On an application for a domestic abuse protection order the applicant must—

(a)serve a notice that specifies the requirements (including any prohibitions or restrictions) which the applicant proposes as necessary to protect the person for whose protection the order is made from domestic abuse or the risk of domestic abuse, including different kinds of abusive behaviour; and

(b)serve that notice on the defendant and on the designated officer—

(i)as soon as reasonably practicable, and

(ii)in any event, no later than the beginning of the hearing.

Service of order

19.Unless the court otherwise directs—

(a)a domestic abuse protection order must be served on the defendant; and

(b)service must be effected—

(i)by a constable or by an employee of a police authority, and

(ii)by handing a copy of the order to the defendant in person.

Representations after application without notice

20.—(1)This rule applies where the court makes a domestic abuse protection order—

(a)otherwise than as a result of a person being given a domestic abuse protection notice; and

(b)without notice to the defendant.

(2)The court must arrange a hearing at which the defendant may make representations to the court.

(3)Notice of the hearing—

(a)must be given to the applicant for the order; and

(b)must be served on the defendant with the order.

(4)If the defendant makes representations at the hearing—

(a)the court must treat such representations as a complaint;

(b)the court may exercise its powers to vary or discharge the domestic abuse protection order; and

(c)rule 21 (application to vary or discharge order) does not apply.

Application to vary or discharge order

21.—(1)This rule applies on an application under section 44 of the Domestic Abuse Act 2021 (variation and discharge of orders) to vary or discharge a domestic abuse protection order.

(2)A person who applies under this rule must—

(a)apply as soon as practicable after becoming aware of the grounds for doing so, explaining—

(i)why the order should be varied or discharged, and

(ii)what, if any, material circumstances have changed since the court made the order or last determined an application to vary or discharge it;

(b)where the application is a second or subsequent application by the applicant in respect of the same order—

(i)give details of each previous application, and

(ii)if the applicant wants the court to decide the application at a hearing, explain why; and

(c)serve the application on—

(i)the designated officer, and

(ii)at least one relevant chief officer of police within the meaning of section 44 of the Domestic Abuse Act 2021, unless the person applying under this rule is such a chief officer.

(3)Unless the court otherwise directs—

(a)a relevant chief officer of police who applies under this rule must in addition to serving the application under paragraph (2)(c)(i) serve it on—

(i)the person against whom the domestic abuse protection order was made,

(ii)the person for whose protection the domestic abuse protection order was made, and

(iii)if the person for whose protection the domestic abuse protection order was made is under 18, a parent or guardian of that person who is not the person against whom that order was made; and

(b)a relevant chief officer of police on whom an application under this rule is served must serve the application on each person listed in paragraph (3)(a) who is not the applicant.

(4)An application under this rule must be served as if it were a summons.

(5)The designated officer must give notice of any hearing to—

(a)the applicant; and

(b)each relevant chief officer of police on whom the application is served.

(6)Unless the court otherwise directs, a relevant chief officer of police must serve notice of any hearing on each person on whom that officer serves the application.

Notice to responsible person of requirement for supervision or monitoring

22.—(1)This rule applies where a domestic abuse protection order imposes on the defendant—

(a)a requirement to do something that specifies a person to be responsible for supervising compliance with that requirement, under section 36 of the Domestic Abuse Act 2021 (further provision about requirements that may be imposed by orders); or

(b)an electronic monitoring requirement, under section 37 of that Act (further provision about electronic monitoring requirements).

(2)The designated officer must—

(a)notify the person to be responsible for the supervision or monitoring that the order has been made and provide that person with—

(i)the defendant’s name, address and, if available, telephone number,

(ii)details of the requirement to be supervised or monitored,

(iii)the duration of the order, and

(iv)if applicable, details of the place at which the defendant’s presence must be monitored and the period or periods during which the defendant’s presence at that place must be monitored;

(b)inform the defendant of the responsible person’s identity and the means by which that person may be contacted; and

(c)notify the responsible person of any subsequent variation or discharge of the requirement.

Exclusion of requirement for notice of hearsay evidence

23.Section 2(1) of the Civil Evidence Act 1995 (notice of proposal to adduce hearsay evidence) does not apply on an application for a domestic abuse protection order under section 28 of the Domestic Abuse Act 2021 (domestic abuse protection orders on application).^F31]

REMAND

Documents to be sent on remand for medical inquiry

^F3224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of remand hearings

^F3225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of further remand in certain cases

^F3226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DEFERMENT OF SENTENCE

Notification of conviction before expiration of period of deferment

^F3227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CONDITIONAL DISCHARGE ...

Notification in relation to an order for conditional discharge

^F3228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SUSPENDED SENTENCES

Entries in register in respect of suspended sentences

^F3229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspended sentence supervision orders

^F3230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

HOSPITAL ORDER

Documents to be sent under Mental Health Act 1959

^F3231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ENDORSEMENT

Endorsement of driving licence

^F3232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DEPOSITION OF PERSON DANGEROUSLY ILL

Deposition of person dangerously ill

^F3333. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F34APPEAL OR APPLICATION TO MAGISTRATES’ COURT^F34]

[^F35Appeal or application to be by complaint

34.Where under any enactment an appeal or application lies to a magistrates’ court against or in respect of the decision, order, act or omission of a local authority or other authority, or other body or person, the appeal or application shall be by way of complaint for an order.^F35]

AFFILIATION ORDERS

Time for hearing affiliation summons

^F3635. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F3735A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DOMESTIC PROCEEDINGS

Reasons for decisions in certain domestic proceedings to be recorded

^F3836. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Copies of records to be supplied in connection with appeals

^F3937. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certification of records

^F4038. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ORDERS FOR PERIODICAL PAYMENTS

[^F41Method of making periodical payments

39.—(1)Where a magistrates' court makes a means of payment order, the [^F42designated officer for the court^F42] 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 [^F43the [^F44designated officer^F44] shall^F43] 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 [[^F45^,^F44designated officer^F44] for^F45] the court or to the [[^F45^,^F44designated officer^F44] for^F45] any other magistrates' court under section 59(3)(b) of the Act of 1980, [^F46the [^F44designated officer^F44] to whom^F46] 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 [[^F45^,^F44designated officer^F44] for^F45] 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 [^F47the [^F44designated officer^F44] may^F47]–

(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 [[^F45^,^F44designated officer^F44] for^F45] a magistrates' court otherwise than in person at [^F48the office of the [^F44designated officer^F44^,^F48]], 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 [[^F45^,^F44designated officer^F44] for^F45] 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.

^F49(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.^F41]

Duty of clerk to notify arrears of periodical payments

^F5040. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F5141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F5242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of copy of order

^F5343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remission of sums due under order

^F5444. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of clerk to notify [^F55subsequent marriage or formation of civil partnership^F55] of person entitled to payments under a maintenance order

^F5645. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SATISFACTION, ENFORCEMENT AND APPLICATION OF PAYMENTS

Notice to defendant of fine or forfeited recognizance_cross-notes_I6

46.—(1) Where under [^F57section 140(1) of the Act of 2000^F57] , section 49 of the Criminal Justice Act 1967 or section 19(5) of the Coroners Act 1887(2) 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 [[^F58^,^F44designated officer^F44] for^F58] 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 [^F59control^F59] 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_I7

47.—(1) The [[^F60^,^F44designated officer^F44] for^F60] 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), [^F61the [^F44designated officer^F44^,^F61]] 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 [^F62section 322 of the Armed Forces Act 2006^F62] .

To whom payments are to be made_cross-notes_I8

^F6348.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [[^F64^,^F44designated officer^F44] for^F64] 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, [^F65if the [^F44designated officer^F44^,^F65]] so requires, pay over the sum or instalment to the [[^F64^,^F44designated officer^F44] for^F64] 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 [[^F64^,^F44designated officer^F44] for^F64] some other magistrates' court, the [[^F64^,^F44designated officer^F44] for^F64] 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 [[^F64^,^F44designated officer^F44] for^F64] that other court.

Duty of clerk to give receipt_cross-notes_I9

49. The [[^F66^,^F44designated officer^F44] for^F66] 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

^F6750. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for further time

^F6851. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of date of hearing of means inquiry etc.

^F6852. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of terms of postponement of warrant of commitment

^F6852A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice to defendant before enforcing order_cross-notes_I10

53.—(1) A warrant of [^F69control^F69] 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_cross-notes_I11

54.—(1) A [^F70warrant of control^F70] 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 [^F71debtor^F71] ;

(b)shall be directed to the constables of the police area in which the warrant is issued or to [^F72the [^F73civilian enforcement officers^F73] for the area in which they are employed^F72] , or to a person named in the warrant and shall, subject to, and in accordance with, the provisions of this rule, require them to [^F74recover the said sum from the debtor by way of the Schedule 12 procedure^F74] ;

(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 [^F75debtor^F75] ; 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 [^F76debt^F76] to the [[^F77^,^F44designated officer^F44] for^F77] the court that issued the warrant.

[^F78(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 [^F79warrant of control^F79] shall—

(a)either—

(i)if he has the warrant with him, show it to the [^F80debtor^F80], or

(ii)otherwise, state where the warrant is and what arrangements may be made to allow the [^F80debtor^F80] to inspect it;

(b)explain, in ordinary language, the [^F81debt and the reason for the use of the Schedule 12 procedure^F81];

(c)where the person executing the warrant is one of the persons referred to in paragraph (3A)(b) or (c) above, show the [^F82debtor^F82] a written statement under section 125A(4) of 125B(4) as appropriate; and

(d)in any case, show documentary proof of his identity.^F78]

^F83(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F83(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F83(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F83(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F83(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F83(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F83(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F83(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F83(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment after imprisonment imposed_cross-notes_I12

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 [^F84control^F84] or commitment, the [[^F85^,^F44designated officer^F44] for^F85] 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 [[^F85^,^F44designated officer^F44] for^F85] some other magistrates' court, [^F86that designated officer^F86] ;

(c)any constable holding a warrant of [^F87control^F87] 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 [[^F88^,^F44designated officer^F44] for^F88] a court other than the court enforcing payment of the sums receives payment of any sum he shall inform the [[^F88^,^F44designated officer^F44] for^F88] 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 [[^F89^,^F44designated officer^F44] for^F89] the court which appointed him.

[^F90(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.^F90]

Order for supervision

^F9156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of fine order

^F9157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F9157A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil debt: judgment summons_I13

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 [^F92local justice area in which the justice issuing the summons acted^F92] 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.

^F9359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court to which complaint for the enforcement of a maintenance decision to which Section 1 of Chapter IV of the Maintenance Regulation applies must be made

^F9459A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Complaint by debtor under Article 21 of the Maintenance Regulation for refusal or suspension of enforcement

^F9559B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement where periodical payments made under more than one order_I14

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.

^F96(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F97(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“[^F9860A Applications under regulation 7(2)(b) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020

(1)In this Rule the “2020 Regulations” means the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020.

(2)Where the permission of a magistrates’ court is sought for the purposes of regulation 7(2)(b) (effect of moratorium) of the 2020 Regulations, an application must be made by complaint in writing and Part II of the Magistrates’ Courts Act 1980 applies accordingly, with the exception of paragraphs (2) to (8) of section 55 (non-appearance of defendant).

(3)The complainant must serve on the debt advice provider named in the notification provided for the purposes of regulation 4(3) (debt advice provider fees and referrals) of the 2020 Regulations a copy of the summons that is issued to the debtor following a complaint under paragraph (1).^F98]

Notice of adjudication on complaint for enforcement of [^F99magistrates' court maintenance order^F99] , etc.

^F10061. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Particulars relating to payment of lump sum under [^F101magistrates' court maintenance order^F101] , etc. to be entered in register

^F10262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of date of reception in custody and discharge

^F10363. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Direction that money found on defaulter shall not be applied in satisfaction of debt_cross-notes_I15

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

^F10465. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

REGISTER

[^F105Register in civil proceedings^F105]_cross-notes_I16

66.—(1) The [[^F106^,^F44designated officer^F44] for^F106] 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.

[^F107(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.^F107]

[^F108(3)Where an entry in the register appears to be incorrect the designated officer must correct it if—

(a)the parties agree on the terms of the correction; or

(b)the court or a justices’ legal adviser so directs.^F108]

^F109(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F109(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F109(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F109(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F109(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F109(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

^F110(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F110(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F110(10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F110(10B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F111(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F111(11A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F112(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F113The open justice principle

66A.—(1)Where rules 66B, 66C, 66D and 66E apply, the designated officer and the court must have regard to the importance of—

(a)dealing with cases in public;

(b)allowing a public hearing to be reported to the public; and

(c)the rights of a person affected by a direction or order made, or warrant issued, by the court to understand why that decision was made.

(2)In rules 66D and 66E this requirement is called ‘the open justice principle’.

Request for information about a case

66B.—(1)This rule applies where anyone, including a member of the public or a reporter, requests information about a case.

(2)A person requesting information must—

(a)ask the designated officer;

(b)specify the information requested; and

(c)pay any fee prescribed.

(3)The request—

(a)may be made orally or in writing, and need not explain why the information is requested, if this rule requires the designated officer to supply that information; but

(b)must be in writing, unless the court otherwise permits, and must explain why the information is requested, if this rule does not so require.

(4)Subject to paragraph (5), the designated officer must supply to the person making the request—

(a)the date of a hearing in public;

(b)in general terms, the subject of the proceedings;

(c)the court’s decision at a hearing in public;

(d)whether the case is under appeal;

(e)the identity of—

(i)the parties,

(ii)the parties’ representatives, including their addresses, and

(iii)the judge, magistrate or magistrates, or justices’ legal adviser by whom a decision at a hearing in public was made;

(f)such other information about the case as is required by arrangements to which paragraph (6)(c) refers; and

(g)details of any reporting or access restriction ordered by the court.

(5)The designated officer must not supply the information requested if—

(a)the supply of that information is prohibited by a reporting restriction;

(b)that information is the date of a hearing in public of which a party has yet to be notified;

(c)that information concerns proceedings determined by the court without notice to—

(i)a party to those proceedings, or

(ii)a person affected by those proceedings; or

(d)that information is not readily available to the designated officer (for example, because of the location or conditions of its storage).

(6)Where the designated officer must supply the information requested the supply may be—

(a)by word of mouth;

(b)in writing, including by written certificate or extract from a court record; or

(c)by such other arrangements as the Lord Chancellor directs, including supply by electronic means.

(7)Where this rule does not require the designated officer to supply the information requested then unless that information can be supplied under rule 66C—

(a)the designated officer must refer the request to the court; and

(b)rule 66D applies.

Request for information by a party or person directly affected by a case

66C.—(1)This rule applies where a party, or a person directly affected by a direction or order made or a warrant issued by the court, wants information about their case.

(2)Such a party or person must—

(a)ask the designated officer;

(b)specify the information requested; and

(c)pay any fee prescribed.

(3)The request—

(a)may be made orally or in writing, and need not explain why the information is requested, if this rule requires the designated officer to supply that information; but

(b)must be in writing, unless the court otherwise permits, and must explain why the information is requested, if this rule does not so require.

(4)Subject to paragraph (5), the designated officer must supply to the party or person making the request—

(a)information about the terms of any direction or order made, or warrant issued, which was—

(i)served on, or addressed or directed to, that party or person, or

(ii)made on an application by that party or person; and

(b)information received from that party or person (which might be, for example, to establish what information the court holds, or in case of a loss of that information by the party or person making the request).

(5)The designated officer must not supply the information requested if that information—

(a)concerns the grounds on which a direction or order was made, or a warrant issued, in the absence of the party or person making the request; or

(b)is not readily available to the designated officer (for example, because of the location or conditions of its storage).

(6)Where the designated officer must supply the information requested the supply may be, at the choice of the party or person making the request—

(a)by word of mouth;

(b)in writing, including by written certificate or extract from a court record; or

(c)by a copy of a document served by, or on, that party or person (but not of a document not so served).

(7)Where this rule does not require the designated officer to supply the information requested—

(a)the designated officer must refer the request to the court; and

(b)rule 66D applies.

Request for information determined by the court

66D.—(1)This rule applies where the designated officer refers to the court a request for information under rule 66B (request for information about a case) or rule 66C (request for information by a party or person directly affected by a case).

(2)The designated officer must—

(a)serve the request on—

(i)the applicant for any direction, order or warrant that the request concerns which was made or issued in the absence of the party or person making the request, and

(ii)anyone else, and to such extent, as the court directs; and

(b)notify the party or person making the request of—

(i)the date of its service under this rule, and

(ii)the identity of each person served with it, if the court so directs.

(3)If a party or person served with the request objects to the supply of information requested the objector must—

(a)give notice of the objection not more than 20 business days after service of the request, or within any longer period allowed by the court;

(b)serve that notice on the designated officer and on the party or person making the request; and

(c)if the objector wants a hearing, explain why one is needed.

(4)A notice of objection must explain—

(a)whether the objection is to the supply of the whole of the information requested, or only to the supply of a specified part or specified parts;

(b)whether the objection applies without limit of time, or only for a specified period (for example, until a date or event specified by the objector); and

(c)the grounds of the objection.

(5)Where a notice of objection includes material that the objector thinks ought not be revealed to the party or person making the request, the objector must—

(a)omit that material from the notice served on that party or person;

(b)mark the material to show that it is only for the court; and

(c)with that material include an explanation of why it has been withheld.

(6)The court must not determine the request, and information requested must not be supplied, until—

(a)each party or person served with the request has had at least 20 business days, or any longer period allowed by the court, in which to object or make other representations; and

(b)the court is satisfied that in all the circumstances every such party or person has had a reasonable opportunity to do so.

(7)The court may determine the request—

(a)without a hearing; or

(b)at a hearing, which—

(i)may be in public or private, but

(ii)must be in private, unless the court otherwise directs, where the request concerns a direction, order or warrant made or issued in the absence of the party or person making the request.

(8)Where a notice of objection includes material that the objector thinks ought not be revealed to the party or person making the request—

(a)any hearing of the request may take place, wholly or in part, in the absence of the party or person making it; and

(b)at any such hearing the general rule is that the court must consider, in the following sequence—

(i)representations first by the party or person making the request and then by the objector, in the presence of both, and then

(ii)further representations by the objector, in the absence of the party or person making the request

but the court may direct other arrangements for the hearing.

(9)In deciding whether to order the supply of the information requested the court must have regard to—

(a)the open justice principle;

(b)any reporting restriction;

(c)rights and obligations under other legislation;

(d)the importance of any public interest in the withholding of that information, or in its supply only in part or subject to conditions (which public interest might be, for example, in preventing injustice, protecting others’ rights, protecting the confidentiality of a criminal investigation or protecting national security); and

(e)the extent to which that information is otherwise available to the party or person making the request.

(10)Where the court orders the supply of the information requested the supply may be, at the court’s direction—

(a)by word of mouth;

(b)in writing, including by written certificate or extract from a court record; or

(c)by a copy of a document.

Publication of information about court hearings

66E.—(1)Where a case is due to be heard in public, the designated officer must—

(a)publish the information listed in paragraph (2)—

(i)if that information is available to the designated officer, and

(ii)unless the publication of that information is prohibited by a reporting restriction; and

(b)publish that information for no longer than 5 business days—

(i)by notice displayed somewhere prominent in the vicinity of a court room in which the hearing is due to take place, and

(ii)by such arrangements as the Lord Chancellor directs, including arrangements for publication by electronic means, but only to the extent needed to comply with the open justice principle.

(2)The information that paragraph (1) requires the designated officer to publish is—

(a)the date, time and place of the hearing;

(b)the identity of the parties; and

(c)such other information as it may be practicable to publish concerning—

(i)the type of hearing,

(ii)the identity of the court,

(iii)in general terms, the subject of the proceedings, and

(iv)whether any reporting or access restriction applies.^F113]

EVIDENCE—GENERAL

[^F114Proof of service

67.—(1)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.

(2)References in paragraph (1) 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 costs and expenses.

(3)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.^F114]

Proof of proceedings_cross-notes_I17

^F115^,^F11668. The register of a magistrates' court, or ... an extract from the register ... certified by [^F117the [^F44designated officer^F44^,^F117]] 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.

^F11869. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EVIDENCE—CRIMINAL PROCEEDINGS

Evidence in committal proceedings and written statements in summary trial

^F11970. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proof by formal admission

^F11971. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proof of previous convictions

^F11972. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure for the admission of evidence of bad character

^F11972A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F11973. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

APPEAL TO CROWN COURT

Documents to be sent to Crown Court_cross-notes_I18

74.—(1) A [[^F120^,^F44designated officer^F44] for^F120] 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 [[^F120^,^F44designated officer^F44] for^F120] the court.

(2) The [[^F120^,^F44designated officer^F44] for^F120] a magistrates' court shall send to the appropriate officer of the Crown Court, with the notice of appeal, a [^F121copy of the extract of the magistrates' court register relating to that decision^F121] 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 [[^F120^,^F44designated officer^F44] for^F120] 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—

^F122(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [[^F120^,^F44designated officer^F44] for^F120] that court, the person who took the recognizance shall send it forthwith to [^F123that designated officer^F123] .

^F124(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F124(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F124(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abandonment of appeal_cross-notes_I19

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 [[^F125^,^F44designated officer^F44] for^F125] that court.

CASE STATED

Application to state case_cross-notes_I20

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 [[^F126^,^F44designated officer^F44] for^F126] the magistrates' court whose decision is questioned.

Consideration of draft case_cross-notes_I21

77.—(1) Within 21 days after receipt of an application made in accordance with rule 76, the [[^F127^,^F44designated officer^F44] for^F127] 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 [^F128the [^F44designated officer^F44^,^F128]] .

(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_cross-notes_I22

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 [^F129a justices’ legal adviser^F129] .

(3) Forthwith after the case has been stated and signed the [[^F130^,^F44designated officer^F44] for^F130] the court shall send it to the applicant or his solicitor, together with any statement required by rule 79.

Extension of time limits_cross-notes_I23

79.—(1) If the [[^F131^,^F44designated officer^F44] for^F131] 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 [^F132the [^F44designated officer^F44] shall^F132] 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 [[^F133^,^F44designated officer^F44] for^F133] 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, [[^F134^,^F135a justices’ legal adviser^F135] may by notice in writing^F134] sent to the applicant or respondent as the case may [^F136by the [^F44designated officer^F44^,^F136]] be extend the time and the provisions of that paragraph and of rule 78 shall apply accordingly; but in that event [^F137the [^F44designated officer^F44] shall^F137] 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 [^F138the [^F44designated officer^F44^,^F138]] 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_cross-notes_I24

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_cross-notes_I25

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.

[^F139Duty of justices’ legal adviser

81A.—(1)This rule applies in relation to a magistrates’ court, including a youth court, which—

(a)comprises a lay justice or lay justices; and

(b)agrees to state a case.

(2)A justices’ legal adviser must assist the court by—

(a)preparing and amending the draft case; and

(b)completing the case stated.^F139]

RECOGNIZANCES AND BAIL

Recognizance to keep the peace, etc., taken by one court and discharged by another_I26

82. Where a magistrates' court [^F140acting in any local justice area^F140] makes an order under section 116 of the Act of 1980 discharging a recognizance entered into before a magistrates' court [^F141acting in any other local justice area^F141] , the [[^F142^,^F44designated officer^F44] for^F142] the court that orders the recognizance to be discharged shall send a copy of the order of discharge to the [[^F142^,^F44designated officer^F44] for^F142] the court [^F143acting in that other local justice area^F143] .

Application to vary order for sureties or dispense with them_I27

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.

[^F144Notice of bail requirement

84.—(1)This rule applies where the court remands a defendant on bail with requirements under section 128(1)(c) of the Act of 1980 (remand in custody or on bail) and sections 29 and 30 of the Domestic Abuse Act 2021 (applications where domestic abuse protection notice has been given; remand under section 29(8) of person arrested for breach of notice).

(2)Unless the court otherwise directs, the designated officer must serve the defendant with a notice of the requirements.

(3)Where the court imposes a requirement with which the defendant must comply before release from custody then forthwith upon compliance the designated officer must send notice to the custodian to release the defendant.^F144]

Procedure on application for bail following grant of conditional police bail

^F14584A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F144Sureties for bail

85.—(1)This rule applies where the court remands a person on bail under section 128(1)(c) of the Act of 1980 by taking a recognisance with sureties.

(2)Unless the court otherwise directs—

(a)the recognizance must specify—

(i)the amount that the surety will be required to pay if the purpose for which the recognizance is entered is not fulfilled, and

(ii)the date upon which the recognizance will expire;

(b)the surety must enter into the recognizance in the presence of—

(i)the designated officer,

(ii)the defendant’s custodian, where the defendant is in custody, or

(iii)someone acting with the authority of either; and

(c)the person before whom the surety enters into the recognizance must at once serve a copy on—

(i)the surety, and

(ii)as appropriate, the designated officer and the defendant’s custodian.

(3)The custodian must release the defendant when each requirement ordered by the court has been met.^F144]

[^F144Forfeiture of sureties

86.—(1)This rule applies where the court imposes as a condition of bail a requirement that a surety enter into a recognizance and after the defendant is released on bail the defendant fails to surrender to custody as required.

(2)The designated officer must serve notice of the hearing at which the court will consider the forfeiture of the recognizance on—

(a)the surety; and

(b)each party to the proceedings.

(3)The court must not forfeit the recognizance less than 5 business days after service of notice under paragraph (2).^F144]

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

^F14587. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Release when recognizances have been taken or requirements complied with

^F14588. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure under s. 13 of the Courts Act 1971

^F14589. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bail records to be entered in register

^F14590. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes of argument in bail hearings

^F14590A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F146Records to be kept where warrant is endorsed for bail_cross-notes

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 [^F44designated officer^F44] for the court which issued the warrant.^F146]

Notice of change of time for appearance

^F14791. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of bail decision after arrest while on bail

^F14792. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation of arrangements for bail on committal to Crown Court

^F14793. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure where prosecution appeals against a decision to grant bail

^F14793A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure on reconsideration of a decision to grant bail

^F14793B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

WARRANT

Committal to custody to be by warrant

^F14794. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F148Form of warrants issued by magistrates’ courts

95.—(1)A warrant of arrest must identify—

(a)each person to whom it is directed;

(b)the person against whom it was issued;

(c)the reason for its issue;

(d)the ground in relation to which it was issued;

(e)the court that issued it; and

(f)the court office for the court that issued it.

(2)Except where any enactment provides otherwise, a warrant issued by a magistrates’ court need not bear the name of the justice or other person issuing it, provided that the designated officer has recorded the name of that justice or other person.^F148]

[^F149Warrant issued out of hours_cross-notes

95A.Where a warrant is issued by a justice of the peace for any [^F150local justice area^F150] at a time when the office of [^F151the [^F44designated officer^F44] for that area^F151] is closed, the applicant for the warrant shall within 72 hours [^F152serve upon the [^F44designated officer^F44^,^F152]] any information on which the warrant was issued.^F149]

Warrant of arrest_cross-notes_I28

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 [^F153the [^F154civilian enforcement officers^F154] for the area in which they are employed^F153] , or any persons named in that behalf in the warrant, to arrest the person against whom the warrant is issued.

^F155(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F156(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;

(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 [^F44designated officer^F44] 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;

^F157(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.^F156]

Warrant of commitment_cross-notes_I29

97.—(1) A warrant of commitment [^F158or detention^F158][^F159, other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988,^F159] issued by a justice of the peace—

(a)shall name or otherwise describe the person committed [^F160or detained^F160] ;

(b)shall contain a statement of the offence with which the person committed [^F160or detained^F160] 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 [^F161the [^F162civilian enforcement officers^F162] for the area in which they are employed^F161] 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 [^F162civilian enforcement officers^F162] to arrest the person committed [^F160or detained^F160] , 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 [^F160or detained^F160] 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.

[^F163(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.^F163]

[^F164(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;

(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.^F164]

(2) A warrant of commitment [^F165or detention^F165][^F166, other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988,^F166] may be executed by conveying the person committed [^F167or detained^F167] 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 [^F168or detention^F168] issued in pursuance of a valid conviction, or of a valid order requiring the person committed [^F169or detained^F169] to do or abstain from doing anything, shall not, if it alleges that the person committed [^F169or detained^F169] 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 [^F170or detention^F170] 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.

[^F171(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 [^F44designated officer^F44] 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;

^F172(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.^F171]

SUMMONS

[^F173Form of summons

98.—(1)A summons requiring a person to appear before a magistrates’ court may be issued in respect of more than one information or complaint.

(2)A summons must—

(a)state the name and address of the complainant or informant;

(b)contain notice of when and where the person is required to attend the court;

(c)specify each information or complaint in respect of which it is issued;

(d)identify the name and address of the court office for the court that issued it.

(3)A summons need not bear the name of the justice or other person issuing it, provided that the designated officer has recorded the name of that justice or other person.^F173]

[^F174Service of summons

99.—(1)Subject to paragraph (7), a summons requiring a person to appear before a magistrates’ court may be served by—

(a)handing it to the person in person or, where the person is a corporation, to a person holding a senior position in that corporation;

(b)posting it to the person at an address where it is reasonably believed that the person will receive it or, where the person is a corporation, the address for service in accordance with paragraph (2);

(c)addressing it to the person and leaving it for the person at an address where it is reasonably believed that the person will receive it;

(d)where the person has given an electronic address and has not refused to accept service at that address, sending it by electronic means to the address which the person has given;

(e)where the person to be served is given access to an electronic address at which a document may be deposited and has not refused to accept service by the deposit of a document at that address, by depositing it at that address and making it possible for the recipient to read the document, or view or listen to its content, as the case may be, and notifying the recipient of the deposit of the document (which notice may be given by electronic means);

(f)where the person is in custody, sending it to his or her custodian, addressed to the person;

(g)where the person has given a document exchange (DX) box number, and has not refused to accept service by DX, addressing it to the person at that DX box number and leaving it at that document exchange;

(h)where the person is legally represented, serving it on the person’s legal representative in the same manner as it could be served on the person under sub-paragraphs (a), (b), (c) and (g);

(i)where the person is legally represented and the person’s legal representative has given an electronic address, sending it to that address;

(j)where the person to be served is legally represented and the legal representative is given access to an electronic address at which a document may be deposited. by depositing it at that address and making it possible for the recipient to read the document, or view or listen to its content, as the case may be, and notifying the recipient of the deposit of the document (which notice may be given by electronic means); or

(k)any other method specified by the court.

(2)Where the person is a corporation, the address for service under this rule is the person’s principal office, and if there is no readily identifiable principal office, then any place where it carries on its activities or business.

(3)Where under any enactment other than the Act of 1980 or these Rules a summons is required to be served in any particular manner—

(a)the summons will, if served in accordance with paragraph (1), be deemed to have been as effectively served as if served in that particular manner; and

(b)if the summons is served in that particular manner, nothing in this rule invalidates such service.

(4)A summons served in accordance with paragraph (1) shall be deemed to have been received by the person—

(a)if handed to the person or the person’s legal representative in accordance with paragraph (1)(a) or (h), when so handed;

(b)if sent by electronic means in accordance with paragraph (1)(d) or (i), one day after being sent;

(c)if served in accordance with paragraph (1)(k), on a date specified by the court;

(d)in any other case, three business days after it was posted, left, or sent in accordance with paragraph (1)(b), (c), (f) or (g),

unless something different is shown.

(5)Unless something different is shown, a document produced by a computer system for dispatch by post is to be taken as having been sent by post, or the equivalent of post, to the addressee on the third business day after the day on which it was produced.

(6)A witness summons may only be served in accordance with paragraph (1)(a), (d) or (f).

[^F175(7)Unless the court otherwise directs or other legislation otherwise requires, a summons shall be prepared and served by the applicant or by another person on the applicant’s behalf.

(8)This rule does not apply in relation to—

(a)a domestic abuse protection notice (which by rule 17(c) must be treated as a summons); or

(b)a judgment summons (for which rule 58 requires service on the judgment debtor personally).^F175^,^F174]]

FORM IN WHICH OFFENCE MAY BE STATED IN DOCUMENTS

Statement of offence

^F176100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F176101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F176101A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Direction to a local authority under section 447(2) and (3) of the Education Act 1996

^F176101B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F177102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for substitution of conditional discharge for probation

^F178103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for review of compensation order

^F179104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F179104A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Postponed determinations under the Criminal Justice Act 1988

^F179104B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Confiscation orders— revised assessments

^F179104C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F181Application for alteration of maintenance agreement under s. 35 of Matrimonial Causes Act 1973 [^F180or under paragraph 69 of Schedule 5 to the Civil Partnership Act 2004^F180] ...

^F182105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F183Proceedings against person outside the United Kingdom on application for variation, etc. of certain maintenance ... orders

^F184106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for summons to witness or warrant for his arrest_cross-notes_I30

107.—(1) An application for the issue of a summons or warrant under section 97 [^F185or 97A^F185] of the Act of 1980 [^F186or paragraph 4 of Schedule 3 to the Act of 1998^F186] may be made by the applicant in person or by his counsel or solicitor.

^F188(2) An application for the issue of such a summons may be made by delivering or sending the application in writing to the [[^F187^,^F44designated officer^F44] for^F187] the magistrates' court ....

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

^F189108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F190109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cessation of Transfer Direction

^F191110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F191111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory declaration under section 37 of the Transport Act 1982

^F191112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Composition of committee of magistrates for inner London area

^F192113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F193114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F194Service of orders

115.—(1)Subject to paragraph (6), in proceedings commenced by complaint, unless any enactment otherwise provides for service of an order, the designated officer for the court shall serve a copy of that order on the defendant as soon as reasonably practicable after an order or interim order has been made.

(2)The designated officer may serve the copy by—

(a)handing it to the defendant in person or, where the defendant is a corporation, to a person holding a senior position in that corporation;

(b)posting it to the defendant at an address where it is reasonably believed that the defendant will receive it or, where the defendant is a corporation, the address for service in accordance with paragraph (3);

(c)where the defendant has given an electronic address and has not refused to accept service at that address, sending it by electronic means to the address which the defendant has given;

(d)where the defendant is legally represented, serving it on the defendant’s legal representative in the same manner as it could be served on the defendant under sub-paragraphs (a), (b) and (c);

(e)where the defendant is in custody, sending it to his or her custodian, addressed to the defendant; or

(f)any other method specified by the court.

(3)Where the defendant is a corporation, the address for service under this rule is the defendant’s principal office, and if there is no readily identifiable principal office, then any place where it carries on its activities or business.

(4)An order served in accordance with paragraph (2) shall be deemed to have been received by the defendant—

(a)if handed to the defendant or the defendant’s legal representative in accordance with paragraph (1)(a), when so handed;

(b)if sent by electronic means in accordance with paragraph (1)(c) or (d), one day after being sent; or

(c)in any other case, three business days after being posted, sent or given,

unless something different is shown.

[^F195(6)This rule does not apply to—

(a)a domestic abuse protection order (for which rule 19 requires service on the defendant personally); or

(b)a liability order.^F195^,^F194]]

Dated 20th March 1981.

Hailsham of St. Marylebone, C.

Rule 1(2).

SCHEDULEREVOCATIONS_I31

Rules revoked	References
The Magistrates' Courts Rules 1968	S.I. 1968/1920.
The Magistrates' Courts (Amendment) Rules 1969	S.I. 1969/1711.
The Magistrates' Courts (Amendment) Rules 1970	S.I. 1970/1004.
The Magistrates' Courts (Amendment) (No. 2) Rules 1970	S.I. 1970/1791.
The Magistrates' Courts (Amendment) Rules 1973	S.I. 1973/790.
The Magistrates' Courts (Amendment) Rules 1975	S.I. 1975/126.
The Magistrates' Courts (Amendment) (No. 2) Rules 1975	S.I. 1975/518.
The Magistrates' Courts (Amendment) Rules 1977	S.I. 1977/1174.
The Magistrates' Courts (Amendment) Rules 1978	S.I. 1978/147.
The Magistrates' Courts (Amendment) (No. 2) Rules 1978	S.I. 1978/758.
The Magistrates' Courts (Amendment) Rules 1979	S.I. 1979/1221.
The Magistrates' Courts (Amendment) Rules 1980	S.I. 1980/510.
The Magistrates' Courts (Amendment) (No. 2) Rules 1980	S.I. 1980/1583.

(1)

1980 c. 43.

(2)

1887 c. 71.

footnote	commentary	related provisions	insert/omit
C1	Rules modified (27.9.1989) by The Magistrates' Courts (Extradition) Rules 1989 (S.I. 1989/1597), rules 1, 3
C2	Rules modified in part (1.1.1992) by The Solicitors' Incorporated Practices Order 1991 (S.I. 1991/2684), arts. 1, 4, 5, Sch. 1
C3	Rules modified (1.9.2001) by The Magistrates' Courts (International Criminal Court) (Forms) Rules 2001 (S.I. 2001/2600), rules 1, 3
C4	Rules applied in part (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), arts. 1(2), 8(1)(2), Sch. 2
C5	Rule 4(1)(2) replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 7.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C6	Rule 4(3) replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 7.2 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C7	Rule 14 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 37.7 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C8	Rule 16 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 6.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C9	Rule 46 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C10	Rule 48 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.2 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C11	Rule 48 applied (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 9.2 (with rules 2.1, 9.1)
C12	Rule 49 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.3 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C13	Rule 49 applied (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 9.2 (with rules 2.1, 9.1)
C14	Rule 53 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.7 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C15	Rule 54 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.8 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C16	Rule 55 applied in part (with modifications) (7.4.1989) by The Community Charges (Administration and Enforcement) Regulations 1989 (S.I. 1989/438), regs. 1(1), 41(8)
C17	Rule 55 applied in part (with modifications) (21.7.1989) by The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (S.I. 1989/1058), regs. 1(1), 16(8)
C18	Rule 55 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.9 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C19	Rule 64 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.12 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C20	Rule 66 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 6.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C21	Rule 66 applied (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 9.2 (with rules 2.1, 9.1)
C22	Rule 68 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 6.4 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C23	Rule 68 applied (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 9.2 (with rules 2.1, 9.1)
C24	Rule 74 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 63.3 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C25	Rule 75 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 63.6 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C26	Rule 76 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C27	Rule 77 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.2 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C28	Rule 78 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.3 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C29	Rule 79 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.4 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C30	Rule 80 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.5 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C31	Rule 81 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.6 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C32	Rule 90B replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 18.4 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C33	Rule 95A replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 18.2 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C34	Rule 96 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 18.3 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C35	Rule 97 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 18.6 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
C36	Rule 107 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 28.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
F1	Words in rule 2(1) omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 16(a)		omitted
F2	Words in rule 2 inserted (20.6.2003) by The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 11(a)		inserted
F3	Words in rule 2 inserted (15.1.2001) by The Magistrates' Courts (Amendment) Rules 2000 (S.I. 2000/3361), rules 1, 2(2), 3		inserted
F4	Words in rule 2(1) inserted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 2(2) (with reg. 4)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F5	Words in rule 2(1) inserted (1.1.2020) by The Magistrates’ Courts (Amendment) Rules 2019 (S.I. 2019/1367), rules 1(1), 3		inserted
F6	Words in rule 2 omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 11(b)		omitted
F7	Words in rule 2 inserted (20.6.2003) by The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 11(c)		inserted
F8	Words in rule 2(1) inserted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(2)		inserted
F9	Words in rule 2(1) inserted (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(2)		inserted
F10	Words in rule 2(1) inserted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(a) (with arts. 3, 4)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F11	Rule 2(2) substituted (20.6.2003) by The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 11(d)		substituted
F12	Rule 2(3) omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 16(b)		omitted
F13	Rule 2(4) substituted (2.7.1990) by The Magistrates' Courts (Civilian Fine Enforcement Officers) Rules 1990 (S.I. 1990/1190), rules 1(1), 3(1)		substituted
F14	Words in rule 2(4) substituted (10.12.1990) by The Magistrates' Courts (Civilian Fine Enforcement Officers) (No. 2) Rules 1990 (S.I. 1990/2260), rules 1(1), 4		substituted
F15	Rule 2(7)(8) inserted (20.6.2003) by The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 11(e)		inserted
F16	Rule 3 (previously omitted by virtue of S.I. 2014/879, art. 17) inserted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(3)		inserted, omitted
F17	Rule 3A inserted (5.4.2010) by The Magistrates’ Courts (Amendment) Rules 2009 (S.I. 2009/3362), rules 1, 3		inserted
F18	Words in rule 3A(1)(h) inserted (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(3)		inserted
F19	Words in rule 3A(7)(a) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 2(3) (with reg. 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F20	Rule 3B inserted (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(4)		inserted
F21	Rule 3C inserted (7.6.2022) by The Magistrates’ Courts (Amendment) Rules 2022 (S.I. 2022/523), rules 1(2), 2(2)		inserted
F22	Rule 3C heading substituted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(4)(a)		substituted
F23	Words in rule 3C(2)(d) inserted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(4)(b)		inserted
F24	Rule 3D inserted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(5)		inserted
F25	Rule 4A substituted for rules 4A, 4B (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(5)		substituted
F25	Rule 4A substituted for rules 4A, 4B (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(5)		substituted
F26	Rules 5-13A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(a)		omitted
F26	Rules 5-13A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(a)		omitted
F26	Rules 5-13A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(a)		omitted
F26	Rules 5-13A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(a)		omitted
F26	Rules 5-13A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(a)		omitted
F26	Rules 5-13A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(a)		omitted
F26	Rules 5-13A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(a)		omitted
F26	Rules 5-13A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(a)		omitted
F26	Rules 5-13A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(a)		omitted
F26	Rules 5-13A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(a)		omitted
F26	Rules 5-13A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(a)		omitted
F27	Rule 15 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(b)		omitted
F28	Rule 16 heading substituted (20.6.2003) by The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 16(1)		substituted
F29	Rule 16(1) substituted (20.6.2003) by The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 16(2)		substituted
F30	Rule 16(2) omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 16(3)		omitted
F31	Rules 17-23 and cross-heading (previously omitted by virtue of S.I. 2021/626, rule 2(12)(c)(d)) inserted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(6)		inserted, omitted
F32	Rules 22-32 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(d)		omitted
F32	Rules 22-32 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(d)		omitted
F32	Rules 22-32 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(d)		omitted
F32	Rules 22-32 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(d)		omitted
F32	Rules 22-32 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(d)		omitted
F32	Rules 22-32 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(d)		omitted
F32	Rules 22-32 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(d)		omitted
F32	Rules 22-32 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(d)		omitted
F32	Rules 22-32 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(d)		omitted
F33	Rule 33 omitted (1.4.1997) by virtue of The Magistrates' Courts (Amendment) Rules 1997 (S.I. 1997/706), rules 1(1), 12 (with rule 1(2))		omitted
F34	Rule 34 cross-heading substituted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(7)		substituted
F35	Rule 34 substituted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(8)		substituted
F36	Rule 35 omitted (1.4.1989) by virtue of The Magistrates' Courts (Family Law Reform Act 1987) (Miscellaneous Amendments) Rules 1989 (S.I. 1989/384), rule 1, Sch. para. 15		omitted
F37	Rule 35A omitted (1.4.1989) by virtue of The Magistrates' Courts (Family Law Reform Act 1987) (Miscellaneous Amendments) Rules 1989 (S.I. 1989/384), rule 1, Sch. para. 15		omitted
F38	Rule 36 revoked (14.10.1991) by The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991 (S.I. 1991/1991), rule 1(1), Sch. 3 (with rule 1(2))
F39	Rule 37 revoked (14.10.1991) by The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991 (S.I. 1991/1991), rule 1(1), Sch. 3 (with rule 1(2))
F40	Rule 38 omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 17		omitted
F41	Rule 39 substituted (1.4.1992) by The Magistrates' Courts (Maintenance Enforcement Act 1991) (Miscellaneous Amendments) Rules 1992 (S.I. 1992/457), rule 1, Sch. para. 16		substituted
F42	Words in rule 39(1) substituted (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(6)		substituted
F43	Words in rule 39(1) inserted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 8(a)		inserted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F44	Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85		substituted
F45	Words in rule 39(2)-(6) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F46	Words in rule 39(2) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 8(b)		substituted
F47	Words in rule 39(3) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 8(c)		substituted
F48	Words in rule 39(4) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 8(d)		substituted
F49	Rule 39(6) omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 17		omitted
F50	Rule 40 omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 28		omitted
F51	Rule 41 omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 17		omitted
F52	Rule 42 omitted (24.5.1983) by virtue of The Magistrates' Courts (Amendment) Rules 1983 (S.I. 1983/523), art. 1, Sch. para. 7		omitted
F53	Rule 43 omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 17		omitted
F54	Rule 44 omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 17		omitted
F55	Words in rule 45 heading substituted (5.12.2005) by The Magistrates' Courts (Miscellaneous Amendments) Rules 2005 (S.I. 2005/2930), rule 1(2), Sch. 1 para. 5(a)		substituted
F56	Rule 45 omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 17		omitted
F57	Words in rule 46(1) substituted (20.6.2003) by The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 29		substituted
F58	Words in rule 46(1) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F59	Word in rule 46(1) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(b) (with arts. 3, 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F60	Words in rule 47(1) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F61	Words in rule 47(2) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 5		substituted
F62	Words in rule 47(4) substituted (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 1(2), Sch. 1 para. 8 (with Sch. 2 para. 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F63	Rule 48(1) omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(e)		omitted
F64	Words in rule 48(1)-(3) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F65	Words in rule 48(2) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 10		substituted
F66	Words in rule 49 substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F67	Rule 50 revoked (1.4.1992) by The Magistrates' Courts (Maintenance Enforcement Act 1991) (Miscellaneous Amendments) Rules 1992 (S.I. 1992/457), rule 1, Sch. para. 18
F68	Rules 51-52A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(f)		omitted
F68	Rules 51-52A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(f)		omitted
F68	Rules 51-52A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(f)		omitted
F69	Word in rule 53(1) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(c) (with arts. 3, 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F70	Words in rule 54(1) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(i)(aa) (with arts. 3, 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F71	Word in rule 54(1)(a) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(i)(bb) (with arts. 3, 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F72	Words in rule 54(1)(b) substituted (2.7.1990) by The Magistrates' Courts (Civilian Fine Enforcement Officers) Rules 1990 (S.I. 1990/1190), rules 1(1), 3(2)		substituted
F73	Words in rule 54(1) substituted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 3(1)		substituted
F74	Words in rule 54(1)(b) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(i)(cc) (with arts. 3, 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F75	Word in rule 54(2) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(ii) (with arts. 3, 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F76	Word in rule 54(3) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(iii) (with arts. 3, 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F77	Words in rule 54(3) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F78	Rule 54(3A)(3B) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 3(2)		inserted
F79	Words in rule 54(3B) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(iv)(aa) (with arts. 3, 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F80	Word in rule 54(3B)(a) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(iv)(bb) (with arts. 3, 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F81	Words in rule 54(3B)(b) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(iv)(cc) (with arts. 3, 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F82	Word in rule 54(3B)(c) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(iv)(dd) (with arts. 3, 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F83	Rule 54(4)-(11) omitted (6.4.2014) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(v) (with arts. 3, 4)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F84	Word in rule 55(1)(a) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(e) (with arts. 3, 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F85	Words in rule 55(1) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F86	Words in rule 55 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 71		substituted
F87	Word in rule 55(1)(c) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(e) (with arts. 3, 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F88	Words in rule 55(3) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F89	Words in rule 55(4) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F90	Rule 55(5) ceases to have effect (5.1.1989) by virtue of The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988 (S.I. 1988/2132), rules 1, 2(b)		omitted
F91	Rules 56-57A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(g)		omitted
F91	Rules 56-57A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(g)		omitted
F91	Rules 56-57A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(g)		omitted
F92	Words in rule 58(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 73		substituted
F93	Rule 59 omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 19		omitted
F94	Rule 59A omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 19		omitted
F95	Rule 59B omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 19		omitted
F96	Rule 60(2) omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 19		omitted
F97	Rule 60(3) omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 19		omitted
F98	Rule 60A inserted (4.5.2021) by The Magistrates’ Courts (Amendment) Rules 2021 (S.I. 2021/459), rules 1(1), 2(2)		inserted
F99	Words in rule 61 substituted (1.4.1989) by The Magistrates' Courts (Family Law Reform Act 1987) (Miscellaneous Amendments) Rules 1989 (S.I. 1989/384), rule 1, Sch. para. 17		substituted
F100	Rule 61 omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 19		omitted
F101	Words in rule 62 substituted (1.4.1989) by The Magistrates' Courts (Family Law Reform Act 1987) (Miscellaneous Amendments) Rules 1989 (S.I. 1989/384), rule 1, Sch. para. 17		substituted
F102	Rule 62 omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 19		omitted
F103	Rule 63 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(h)		omitted
F104	Rule 65 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(i)		omitted
F105	Rule 66 heading substituted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(9)(a)		substituted
F106	Words in rule 66(1) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F107	Rule 66(2) substituted (20.6.2003) by The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 32(1)		substituted
F108	Rule 66(3) substituted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(9)(b)		substituted
F109	Rule 66(3A)-(7) omitted (8.4.2024) by virtue of The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(9)(c)(i)		omitted
F110	Rule 66(9)-(10B) omitted (8.4.2024) by virtue of The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(9)(c)(ii)		omitted
F111	Rule 66(11)(11A) omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 32(4)		omitted
F112	Rule 66(12) omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(7)		omitted
F113	Rules 66A-66E substituted for rules 66A, 66B (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(8)		substituted
F113	Rules 66A-66E substituted for rules 66A, 66B (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(8)		substituted
F113	Rules 66A-66E substituted for rules 66A, 66B (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(8)		substituted
F113	Rules 66A-66E substituted for rules 66A, 66B (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(8)		substituted
F113	Rules 66A-66E substituted for rules 66A, 66B (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(8)		substituted
F114	Rule 67 substituted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(10)		substituted
F115	Words in rule 68 omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 34(a)		omitted
F116	Words in rule 68 omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 34(b)		omitted
F117	Words in rule 68 substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 5		substituted
F118	Rule 69 omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 19		omitted
F119	Rules 70-73 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(j)		omitted
F119	Rules 70-73 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(j)		omitted
F119	Rules 70-73 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(j)		omitted
F119	Rules 70-73 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(j)		omitted
F119	Rules 70-73 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(j)		omitted
F120	Words in rule 74(1)-(7) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F121	Words in rule 74(2) substituted (24.5.1993) by The Magistrates' Courts (Miscellaneous Amendments) Rules 1993 (S.I. 1993/1183), rules 1, 3(e)		substituted
F122	Rule 74(3)(a) omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(k)		omitted
F123	Words in rule 74(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 75		substituted
F124	Rule 74(5)-(7) omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(k)		omitted
F125	Words in rule 75 substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F126	Words in rule 76(3) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F127	Words in rule 77(1) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F128	Words in rule 77(2) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 5		substituted
F129	Words in rule 78(2) substituted (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(10)		substituted
F130	Words in rule 78(3) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F131	Words in rule 79(1) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F132	Words in rule 79(1) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 7		substituted
F133	Words in rule 79(2) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F134	Words in rule 79(2) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 17		substituted
F135	Words in rule 79(2) substituted (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(11)		substituted
F136	Words in rule 79(2) inserted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 17		inserted
F137	Words in rule 79(2) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 7		substituted
F138	Words in rule 79(3) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 5		substituted
F139	Rule 81A inserted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(11)		inserted
F140	Words in rule 82 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 77(a)		substituted
F141	Words in rule 82 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 77(b)		substituted
F142	Words in rule 82 substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3		substituted
F143	Words in rule 82 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 77(c)		substituted
F144	Rules 84-86 (previously omitted by virtue of S.I. 2021/626, rule 2(12)(l)) inserted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(12)		inserted, omitted
F144	Rules 84-86 (previously omitted by virtue of S.I. 2021/626, rule 2(12)(l)) inserted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(12)		inserted, omitted
F144	Rules 84-86 (previously omitted by virtue of S.I. 2021/626, rule 2(12)(l)) inserted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(12)		inserted, omitted
F145	Rules 84-90A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(l)		omitted
F145	Rules 84-90A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(l)		omitted
F145	Rules 84-90A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(l)		omitted
F145	Rules 84-90A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(l)		omitted
F145	Rules 84-90A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(l)		omitted
F145	Rules 84-90A omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(l)		omitted
F146	Rule 90B inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 5		inserted
F147	Rules 91-94 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(m)		omitted
F147	Rules 91-94 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(m)		omitted
F147	Rules 91-94 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(m)		omitted
F147	Rules 91-94 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(m)		omitted
F147	Rules 91-94 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(m)		omitted
F147	Rules 91-94 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(m)		omitted
F148	Rule 95 substituted (1.1.2020) by The Magistrates’ Courts (Amendment) Rules 2019 (S.I. 2019/1367), rules 1(1), 5 (with rule 11(1))		substituted
F149	Rule 95A inserted (24.5.1993) by The Magistrates' Courts (Miscellaneous Amendments) Rules 1993 (S.I. 1993/1183), rules 1, 3(g)		inserted
F150	Words in rule 95A substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 82		substituted
F151	Words in rule 95A substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 22(a)		substituted
F152	Words in rule 95A substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 22(b)		substituted
F153	Words in rule 96(1) substituted (2.7.1990) by The Magistrates' Courts (Civilian Fine Enforcement Officers) Rules 1990 (S.I. 1990/1190), rules 1(1), 3(2)		substituted
F154	Words in rule 96(1) substituted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 6(1)		substituted
F155	Rule 96(2) omitted (1.1.2020) by virtue of The Magistrates’ Courts (Amendment) Rules 2019 (S.I. 2019/1367), rules 1(1), 6 (with rule 11(1))		omitted
F156	Rule 96(3)-(6) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 6(2)		inserted
F157	Rule 96(6)(b) omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 40		omitted
F158	Words in rule 97(1) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(1)(a)		inserted
F159	Words in rule 97(1) inserted (5.1.1989) by The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988 (S.I. 1988/2132), rules 1, 2(g)		inserted
F160	Words in rule 97(1) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(1)(b)		inserted
F161	Words in rule 97(1)(c) substituted (2.7.1990) by The Magistrates' Courts (Civilian Fine Enforcement Officers) Rules 1990 (S.I. 1990/1190), rules 1(1), 3(2)		substituted
F162	Words in rule 97(1) substituted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(1)(c)		substituted
F163	Rule 97(1A) inserted (5.1.1989) by The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988 (S.I. 1988/2132), rules 1, 2(h)		inserted
F164	Rule 97(1B)(1C) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(2)		inserted
F165	Words in rule 97(2) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(a)		inserted
F166	Words in rule 97(2) inserted (5.1.1989) by The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988 (S.I. 1988/2132), rules 1, 2(i)		inserted
F167	Words in rule 97(2) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(b)		inserted
F168	Words in rule 97(3) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(a)		inserted
F169	Words in rule 97(3) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(b)		inserted
F170	Words in rule 97(4) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(a)		inserted
F171	Rule 97(6)-(8) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(4)		inserted
F172	Rule 97(7)(c) omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 41		omitted
F173	Rule 98 substituted (1.1.2020) by The Magistrates’ Courts (Amendment) Rules 2019 (S.I. 2019/1367), rules 1(1), 7 (with rule 11(1))		substituted
F174	Rule 99 substituted (1.1.2020) by The Magistrates’ Courts (Amendment) Rules 2019 (S.I. 2019/1367), rules 1(1), 8 (with rule 11(1))		substituted
F175	Rule 99(7)(8) substituted for rule 99(7) (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(13)		substituted
F176	Rules 100-101B omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(n)		omitted
F176	Rules 100-101B omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(n)		omitted
F176	Rules 100-101B omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(n)		omitted
F176	Rules 100-101B omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(n)		omitted
F177	Rule 102 omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 43		omitted
F178	Rule 103 revoked (30.9.1998) by The Magistrates' Courts (Miscellaneous Amendments) Rules 1998 (S.I. 1998/2167), rules 1(2), 4(3)
F179	Rules 104-104C omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(o)		omitted
F179	Rules 104-104C omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(o)		omitted
F179	Rules 104-104C omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(o)		omitted
F179	Rules 104-104C omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(o)		omitted
F180	Words in rule 105 heading inserted (5.12.2005) by The Magistrates' Courts (Miscellaneous Amendments) Rules 2005 (S.I. 2005/2930), rule 1(2), Sch. 1 para. 9(a)		inserted
F181	Words in rule 105 omitted (14.10.1991) by The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991 (S.I. 1991/1991), rule 1(1), Sch. 2 para. 3(5) (with rule 1(2))		omitted
F182	Rule 105 omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 21		omitted
F183	Words in rule 106 heading omitted (14.10.1991) by The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991 (S.I. 1991/1991), rule 1(1), Sch. 2 para. 3(6)(a) (with rule 1(2))		omitted
F184	Rule 106 omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 21		omitted
F185	Words in rule 107 inserted (1.4.1997) by The Magistrates' Courts (Amendment) Rules 1997 (S.I. 1997/706), rules 1(1), 16 (with rule 1(2))		inserted
F186	Words in rule 107 inserted (15.1.2001) by The Magistrates' Courts (Amendment) Rules 2000 (S.I. 2000/3361), rules 1, 2(8), 3		inserted
F187	Words in rule 107(2) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 24		substituted
F188	Words in rule 107(2) omitted (24.5.1983) by virtue of The Magistrates' Courts (Amendment) Rules 1983 (S.I. 1983/523), rule 1, Sch. para. 16		omitted
F189	Rule 108 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(p)		omitted
F190	Rule 109 omitted (1.1.2020) by virtue of The Magistrates’ Courts (Amendment) Rules 2019 (S.I. 2019/1367), rules 1(1), 9, (with rule 11(1))		omitted
F191	Rules 110-112 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(q)		omitted
F191	Rules 110-112 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(q)		omitted
F191	Rules 110-112 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(q)		omitted
F192	Rule 113 omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 46		omitted
F193	Rule 114 omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 21		omitted
F194	Rule 115 inserted (1.1.2020) by The Magistrates’ Courts (Amendment) Rules 2019 (S.I. 2019/1367), rules 1(1), 10, (with rule 11(2))		inserted
F195	Rule 115(6) substituted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(14)		substituted
I1	Rule 1 in force at 6.7.1981, see rule 1(1)
I2	Rule 2 in force at 6.7.1981, see rule 1(1)
I3	Rule 4 in force at 6.7.1981, see rule 1(1)
I4	Rule 14 in force at 6.7.1981, see rule 1(1)
I5	Rule 16 in force at 6.7.1981, see rule 1(1)
I6	Rule 46 in force at 6.7.1981, see rule 1(1)
I7	Rule 47 in force at 6.7.1981, see rule 1(1)
I8	Rule 48 in force at 6.7.1981, see rule 1(1)
I9	Rule 49 in force at 6.7.1981, see rule 1(1)
I10	Rule 53 in force at 6.7.1981, see rule 1(1)
I11	Rule 54 in force at 6.7.1981, see rule 1(1)
I12	Rule 55 in force at 6.7.1981, see rule 1(1)
I13	Rule 58 in force at 6.7.1981, see rule 1(1)
I14	Rule 60 in force at 6.7.1981, see rule 1(1)
I15	Rule 64 in force at 6.7.1981, see rule 1(1)
I16	Rule 66 in force at 6.7.1981, see rule 1(1)
I17	Rule 68 in force at 6.7.1981, see rule 1(1)
I18	Rule 74 in force at 6.7.1981, see rule 1(1)
I19	Rule 75 in force at 6.7.1981, see rule 1(1)
I20	Rule 76 in force at 6.7.1981, see rule 1(1)
I21	Rule 77 in force at 6.7.1981, see rule 1(1)
I22	Rule 78 in force at 6.7.1981, see rule 1(1)
I23	Rule 79 in force at 6.7.1981, see rule 1(1)
I24	Rule 80 in force at 6.7.1981, see rule 1(1)
I25	Rule 81 in force at 6.7.1981, see rule 1(1)
I26	Rule 82 in force at 6.7.1981, see rule 1(1)
I27	Rule 83 in force at 6.7.1981, see rule 1(1)
I28	Rule 96 in force at 6.7.1981, see rule 1(1)
I29	Rule 97 in force at 6.7.1981, see rule 1(1)
I30	Rule 107 in force at 6.7.1981, see rule 1(1)
I31	Sch. in force at 6.7.1981, see rule 1(1)

Defined Term	Section/Article	ID
2020 Regulations	rule (1)	2020_Regul_rtwoAe0
APPEAL OR APPLICATION TO MAGISTRATES	Unknown	APPEAL_OR__msqEtqnn
business day	rule 2.	business_d_rtJIlaV
child	rule 2.	child_lgUCYTV
court computer system	rule 2.	court_comp_rtl3DAx
domestic abuse protection notice	rule 2.	domestic_a_lg9EpQX
domestic abuse protection order	rule 2.	domestic_a_lgpyCvf
domestic abuse protection order	rule 2.	domestic_a_lgbS4y7
financial penalty enforcement order	rule 47.	financial__lgletPe
judgment summons	rule 2.	judgment_s_lgduz9M
judgment summons	rule 58.	judgment_s_lgVMkCE
justices' legal adviser	rule 2.	justices'__rt7Rg3T
live link	rule 2.	live_link_rt7GRgX
MAGISTRATES	Unknown	MAGISTRATE_msqxqivE
means of payment order	rule 39.	means_of_p_rtj3lHM
representation order	rule 2.	representa_rtC8eNu
the Act of 1980	rule 2.	the_Act_of_lgW6PUd
the authorised persons for the area in which they are employed	rule 2.	the_author_rtm5cM8
the open justice principle	rule 66A.	the_open_j_rtGVsi8
the Schedule 12 procedure	rule 2.	the_Schedu_rtdRKHn

1981 No. 552 (L. 1)

The Magistrates' Courts Rules 1981cross-notes

GENERAL

Citation, operation and revocationsI1

InterpretationI2

[F16Duties of justices’ legal advisers

“3A.[F17—Case management

[F20Live links

[[F21,F22Measures to help a witness to give evidenceF22]

[F24Forms and electronic arrangements for use in case management and for other purposes

INFORMATION AND COMPLAINT

Information and complaintcross-notesI3

[F25Documents served on the designated officer

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

PROCEEDINGS PRELIMINARY TO TRIAL ON INDICTMENT

Restrictions on reports of committal proceedings

Committal for trial without consideration of evidence

Consideration of evidence at committal proceedings

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

Notice to governor of prison of committal on bail

Notices on committal of person subject to transfer direction

Material to be sent to court of trial

SUMMARY TRIAL OF INFORMATION AND HEARING OF COMPLAINT

Information to be for one offence only

Order of evidence and speeches: information

Procedure on information where accused is not legally represented

Order of evidence and speeches: complaintcross-notesI4

Adjournment of trial of information

[F28Record of AdjudicationF28]cross-notesI5

[F31DOMESTIC ABUSE PROTECTION ORDERS

Application for order after giving domestic abuse protection notice

Notice of proposed terms of order

Service of order

Representations after application without notice

Application to vary or discharge order

Notice to responsible person of requirement for supervision or monitoring

Exclusion of requirement for notice of hearsay evidence

REMAND

Documents to be sent on remand for medical inquiry

Transfer of remand hearings

Notice of further remand in certain cases

DEFERMENT OF SENTENCE

Notification of conviction before expiration of period of deferment

CONDITIONAL DISCHARGE ...

Notification in relation to an order for conditional discharge

SUSPENDED SENTENCES

Entries in register in respect of suspended sentences

Suspended sentence supervision orders

HOSPITAL ORDER

Documents to be sent under Mental Health Act 1959

ENDORSEMENT

Endorsement of driving licence

DEPOSITION OF PERSON DANGEROUSLY ILL

Deposition of person dangerously ill

[F34APPEAL OR APPLICATION TO MAGISTRATES’ COURTF34]

[F35Appeal or application to be by complaint

AFFILIATION ORDERS

Time for hearing affiliation summons

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

DOMESTIC PROCEEDINGS

Reasons for decisions in certain domestic proceedings to be recorded

Copies of records to be supplied in connection with appeals

Certification of records

ORDERS FOR PERIODICAL PAYMENTS

[F41Method of making periodical payments

Duty of clerk to notify arrears of periodical payments

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

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

Service of copy of order

Remission of sums due under order

Duty of clerk to notify [F55subsequent marriage or formation of civil partnershipF55] of person entitled to payments under a maintenance order

SATISFACTION, ENFORCEMENT AND APPLICATION OF PAYMENTS

Notice to defendant of fine or forfeited recognizancecross-notesI6

Registration and notification of financial penalty enforcement orderI7

To whom payments are to be madecross-notesI8

Duty of clerk to give receiptcross-notesI9

Relief of collecting officer

Application for further time

Notice of date of hearing of means inquiry etc.

Review of terms of postponement of warrant of commitment

The Magistrates' Courts Rules 1981_cross-notes

Citation, operation and revocations_I1

Interpretation_I2

[^F16Duties of justices’ legal advisers

“3A.[^F17—Case management

[^F20Live links

[[^F21^,^F22Measures to help a witness to give evidence^F22]

[^F24Forms and electronic arrangements for use in case management and for other purposes

Information and complaint_cross-notes_I3

[^F25Documents served on the designated officer

Order of evidence and speeches: complaint_cross-notes_I4

[^F28Record of Adjudication^F28]_cross-notes_I5

[^F31DOMESTIC ABUSE PROTECTION ORDERS

[^F34APPEAL OR APPLICATION TO MAGISTRATES’ COURT^F34]

[^F35Appeal or application to be by complaint

[^F41Method of making periodical payments

Duty of clerk to notify [^F55subsequent marriage or formation of civil partnership^F55] of person entitled to payments under a maintenance order

Notice to defendant of fine or forfeited recognizance_cross-notes_I6

Registration and notification of financial penalty enforcement order_I7

To whom payments are to be made_cross-notes_I8

Duty of clerk to give receipt_cross-notes_I9

Notice to defendant before enforcing order_cross-notes_I10

Execution of distress warrant_cross-notes_I11

Payment after imprisonment imposed_cross-notes_I12

Civil debt: judgment summons_I13

Enforcement where periodical payments made under more than one order_I14

“[^F9860A Applications under regulation 7(2)(b) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020

Notice of adjudication on complaint for enforcement of [^F99magistrates' court maintenance order^F99] , etc.

Particulars relating to payment of lump sum under [^F101magistrates' court maintenance order^F101] , etc. to be entered in register

Direction that money found on defaulter shall not be applied in satisfaction of debt_cross-notes_I15

[^F105Register in civil proceedings^F105]_cross-notes_I16

[^F113The open justice principle

[^F114Proof of service

Proof of proceedings_cross-notes_I17

Documents to be sent to Crown Court_cross-notes_I18

Abandonment of appeal_cross-notes_I19

Application to state case_cross-notes_I20

Consideration of draft case_cross-notes_I21

Preparation and submission of final case_cross-notes_I22

Extension of time limits_cross-notes_I23

Service of documents_cross-notes_I24

Content of case_cross-notes_I25

[^F139Duty of justices’ legal adviser

Recognizance to keep the peace, etc., taken by one court and discharged by another_I26

Application to vary order for sureties or dispense with them_I27

[^F144Notice of bail requirement

[^F144Sureties for bail

[^F144Forfeiture of sureties

[^F146Records to be kept where warrant is endorsed for bail_cross-notes

[^F148Form of warrants issued by magistrates’ courts

[^F149Warrant issued out of hours_cross-notes

Warrant of arrest_cross-notes_I28

Warrant of commitment_cross-notes_I29