Justices' Clerks Rules 1970
| Jurisdiction | UK Non-devolved |
| Citation | SI 1970/231 |
| Year | 1970 |
1970 No. 231 (L. 12)
MAGISTRATES' COURTS
The Justices' Clerks Rules 197011thFebruary 1970
23rdFebruary 1970
1stApril 1970
The Lord Chancellor, in exercise of the power conferred on him by section 15 of the Justices of the Peace Act 1949(a), as extended by section 5 of the Justices of the Peace Act 1968(b), after consultation with the Rule Committee appointed under the said section 15, hereby makes the following Rules:—
1. These Rules may be cited as the Justices' Clerks Rules 1970 and shall come into operation on 1st April 1970.
2. The Interpretation Act 1889(c) shall apply for the interpretation of these Rules as it applies for the interpretation of an Act of Parliament.
3. The things specified in the Schedule to these Rules, being things authorised to be done by, to or before a single justice of the peace for a petty sessions area, may be done by, to or before the justices' clerk for that area.
Gardiner, C.
Dated 11th February 1970.
SCHEDULE
1. The laying of an information or the making of a complaint, other than an information or complaint substantiated on oath.
2. The issue of any summons, including a witness summons.
3. The adjournment of the hearing of a complaint if the parties to the complaint consent to the complaint being adjourned.
4.—(1) The further adjournmentof criminal proceedings with the consent of the prosecutor and the accused if, but only if,
(a) the accused, not having been remanded on the previous adjournment, is not remanded on the further adjournment; or
(b) the accused, having been remanded on bail on the previous adjournment, is remanded on bail on the like terms and conditions.
(2) The remand of the accused on bail at the time of further adjourning the proceedings in pursuance of sub-paragraph (1) (b) above.
5. The determination that a complaint for the revocation, discharge, revival, alteration, variation or enforcement of an affiliation order or an order enforceable as an affiliation order be dealt with by a magistrates' court acting for another petty sessions area in accordance with the provisions of Rule 34 or 49 of the Magistrates' Courts Rules 1968(d).
(a) 1949 c. 101.
(b) 1968 c. 69.
(c) 1889 c. 63.
(d) S.I. 1968/1920 (1968 III, p. 5175).
6. The allowing of further time for payment of a sum enforceable by a magistrates' court.
7. The making of a transfer of fine order, that is to say, an order making payment by a person of a sum adjudged to be paid by a conviction enforceable in the petty sessions...
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