Magistrates' Courts (Amendment) Rules 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/147 |
| Year | 1978 |
1978 No. 147 (L. 2)
MAGISTRATES' COURTS
PROCEDURE
The Magistrates' Courts (Amendment) Rules 19781stFebruary 1978
14thFebruary 1978
17thApril 1978
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 122 of the Magistrates' Courts Act 1952(b), and sections 5(1) and 8(4) of the Bail Act 1976(c), 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 Magistrates' Courts (Amendment) Rules 1978 and shall come into operation on 17th April 1978.
2. The Magistrates' Courts Rules 1968(d), as amended(e), shall have effect subject to the amendments specified in the Schedule to these Rules:
Provided that the said amendments shall not have effect in relation to bail granted before 17th April 1978 (the date on which the Bail Act 1976 comes into force) and, accordingly, the said Rules of 1968 shall have effect in relation to bail so granted as if these Rules had not been made.
Elwyn-Jones, C.
Dated 1st February 1978.
(a) 1949 c. 101.
(b) 1952 c. 55.
(c) 1976 c. 63.
(d) S.I. 1968/1920.
(e) The relevant amending instruments are S.I. 1969/1711, 1973/790.
Rule 2
SCHEDULE
AMENDMENTS TO MAGISTRATES' COURTS RULES 1968
1. In Rule 10(2)—
(a) for sub-paragraph (e) there shall be substituted the following sub-paragraph:—
"(e) a copy of the record made in pursuance of section 5 of the Bail Act 1976 relating to the grant or withholding of bail in respect of the accused on the occasion of the committal;";
(b) in sub-paragraph (f) at the end there shall be inserted the words ", together with a statement of any enlargement thereof under section 106(4) of the Act".
2. In Rule 16—
(a) in paragraph (1)—
(i) after the words "Criminal Justice Act 1967" (where they first appear) there shall be inserted the words "or section 6 of the Bail Act 1976";
(ii) in sub-paragraph (e) for the words "his recognizance and" there shall be substituted the words "a copy of the record made in pursuance of section 5 of the said Act of 1976 relating to such bail and also";
(b) in paragraph (3) after the words "Criminal Justice Act 1948" there shall be inserted the words "or under section 6 of the Bail Act 1976".
3. In Rule 54 after paragraph (2) there shall be inserted the following paragraph:—
"(2A) Particulars of any entry relating to a decision about bail and the reasons therefor may be made in a book separate from that in which the entry recording the decision itself is made, but any such separate book shall be regarded as forming part of the register.".
4. In Rule 62—
(a) for paragraph (3) there shall be substituted the following paragraph:—
"(3) Where any person, having given notice of appeal to the Crown Court, has been granted bail for the purposes of the appeal the clerk of the court from whose decision the appeal is brought shall before the day fixed for the hearing of the appeal send to the appropriate officer of the Crown Court—
(a) in the case of bail in criminal proceedings, a copy of the record made in pursuance of section 5 of the Bail Act 1976 relating to such bail;
(b) in the case of bail otherwise than in criminal proceedings, the recognizance entered into by the appellant relating to such bail.";
(b) in paragraph (4) for the words "any such recognizance" there shall be substituted the words ", in any such case as is referred to in paragraph (3)(b) of this Rule, the recognizance in question".
5. For the heading "RECOGNIZANCE" which appears before Rule 69 there...
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