Indictments (Procedure) (Modification) Rules 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/3045 |
1998 No. 3045 (L. 12)
CRIMINAL LAW, ENGLAND AND WALES
The Indictments (Procedure) (Modification) Rules 1998
Made 6th December 1998
Coming into force 4th January 1999
The Lord Chancellor, in exercise of the power conferred upon him by section 2(6) of the Administration of Justice (Miscellaneous Provisions) Act 19331, hereby makes the following Rules:
1. These Rules may be cited as the Indictments (Procedure) (Modification) Rules 1998 and shall come into force on 4th January 1999.
2.—(1) The Indictments (Procedure) Rules 19712shall have effect in any area from which a person is sent for trial under section 51 of the Crime and Disorder Act 19983as if they were amended as follows.
(2) In rule 2–
(a)
(a) after the entry in respect of “committal proceedings”, there shall be inserted–
““sending for trial” means the sending of a person by a magistrates' court to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998;”;
(b)
(b) after the entry in respect of “committal documents” (but before the proviso), after the words “tendered at any committal proceedings”, there shall be inserted:
“;
“given documents” means documents given to the Crown Court under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 where a person is sent for trial under section 51 of that Act”; and
(c)
(c) in the proviso–
(i) after the words “committal documents”, there shall be inserted the words “or given documents”; and
(ii) after the words “Magistrates' Courts Act 1980”, there shall be inserted “or paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998”.
(3) In rule 5(1), after sub-paragraph (c), there shall be inserted the following–
“;
(d)
(d) where a person is sent for trial under section 51 of the Crime and Disorder Act 1998, within a period of 28 days commencing with the date on which copies of the documents containing the evidence on which the charge or charges are based are served under paragraph 1 of Schedule 3 to that Act”.
(4) In rule 8–
(a)
(a) at the end of sub-paragraph (a), the word “and” shall be omitted; and
(b)
(b) after sub-paragraph (b), there shall be inserted the following:
“; and
(c)
(c) shall state whether there has been any sending for trial and any application for dismissal under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998, and the result of any...
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