Magistrates' Courts (Forms) (Amendment) Rules 1974
| Jurisdiction | UK Non-devolved |
1974 No. 444 (L. 7)
MAGISTRATES' COURTS
The Magistrates' Courts (Forms) (Amendment) Rules 197414thMarch 1974
26thMarch 1974
1stApril 1974
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), 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 (Forms) (Amendment) Rules 1974 and shall come into operation on 1st April 1974.
2. The Schedule to the Magistrates' Courts (Forms) Rules 1968(c), as amended(d), shall be amended as follows:—
(a) for the forms numbered 1 to 4, 11 to 13, 15, 17, 34, 39, 42, 46, 47, 49, 53, 54, 56, 58, 68, 93, 95, 99, 100, 103, 104 and 119 there shall be substituted respectively the forms numbered in like manner in the Schedule to these Rules;
(b) after the form numbered 34 there shall be inserted the form numbered 34A in the Schedule to these Rules;
(c) the forms numbered 19 to 22, 24, 38, 40, 41, 57 and 96 shall be omitted.
Elwyn-Jones, C.
Dated 14th March 1974.
(a) 1949 c. 101.
(b) 1952 c. 55.
(c) S.I. 1968/1919 (1968 III, p. 5075).
(d) S.I. 1969/1710 (1969 III, p. 5383).
Rule 2
SCHEDULE
FORMS TO BE SUBSTITUTED OR INSERTED IN THE MAGISTRATES' COURTS (FORMS) RULES 1968
1
Information (M.C. Act 1952, s.1; M.C.Rules 1968, r.1)
… ..Magistrates' Court (Code)
Date:
Accused:
Address:
Alleged offence: (particulars and statute)
The information of:
Address: Telephone No.
who [upon oath] states that the accused committed the offence of which particulars are given above.
Taken [and sworn] before me
J.P.
Justice of the Peace [J.C. Justices' Clerk]
2
Summons (M.C. Act 1952. s.l; M.C. Rules 1968, r.81)
… ..Magistrates' Court (Code)
Date:
To the accused:
of:
You are hereby summoned to appear on at m. before the Magistrates' Court at
to answer to [the following information] [the informations of which particulars are given in the Schedule hereto.]
[Alleged Offence: ]
Prosecutor:
Address:
[Date of information: ]
J.P.
Justice of the Peace [J.C. Justices' Clerk]
Schedule
3
Warrant of arrest in first instance (M.C.Act 1952, ss.1, 93; C.J.Act 1967, s.24; M.C.Rules 1968, rr.78, 79)
… ..Magistrates' Court (Code)
Date:
Accused:
Address:
Alleged offence: (particulars and statute)
Information having been laid before me on oath by
… ..on
… ..
that the accused committed the offence of which particulars are given above
Direction: You, the constables of Police Force are hereby required to arrest the accused and to bring the accused before the Magistrates' Court at immediately.
*Bail: On arrest the accused shall be released on bail on entering into a recognizance in the sum of £ for the accused's appearance before that Magistrates' Court [on the next day on which the court is open] [on the ]
J.P. Justice of the Peace
*Delete if bail is not allowed and amend as appropriate where sureties are required or conditions imposed
4
Warrant of commitment on remand before conviction (M.C.Act 1952, ss.6, 14, 105; C.J.Act 1967, s.18; M.C.Rules 1968, rr.77, 78, 80)
… ..Magistrates' Court (Code)
Date:
Accused: Age Years
Address:
Alleged offence: (particulars and statute)
Decision: Hearing adjourned until (date) at (time) and the accused remanded in custody.
Direction: You, [the constables of Police Force] [A.B.], are hereby required to convey the accused to [prison] [remand centre] and there deliver the accused to the Governor thereof, together with this warrant; and you the Governor, to receive the accused into your custody and, unless the accused is bailed or you are otherwise ordered in the meantime, to keep the accused until that date and then convey the accused to the above magistrates' court at that time.
*Bail: The accused shall be released on bail on entering into a recognizance in the sum of £ with suret in the sum of £ [each] for the accused's appearance before the above court [on the date and at the time stated above] [on at m.] and subject to the further conditions, if any, specified in the Schedule hereto.
J.P.
Justice of the Peace [By the order of the Court
J.C.
Justices' Clerk]
Schedule
*Delete if bail is not allowed.
11
Certificate to be sent to Crown Court on committal for trial
(C.J.Act 1925, s. 13; M.C. Act 1952, ss.4, 78; C.J. Act 1967, ss.1, 3,7,11; M.C. Rules 1968, rr.4, 10)
… ..Magistrates' Court (Code)
Date:
Accused:
having been committed for trial [in custody] [on bail] [under section 1 of the Criminal Justice Act 1967] to the Crown Court at… .. charged with the offence(s) specified in Schedule 1 hereto
Depositions: [I hereby certify that the depositions of the witnesses listed in Part I of Schedule 2 hereto were taken on oath before me* [in the presence and hearing of the accused] on the date(s) given on the respective depositions,† [and that the accused or counsel or solicitor on behalf of the accused had full opportunity of cross-examining each of the witnesses called for the prosecution]]
Statements: [I hereby certify that the statements purporting to be signed by the persons listed in Part II of Schedule 2 hereto were tendered in evidence under section 2 of the Criminal Justice Act 1967].
Publicity: The court made [an] [no] order under section 3(2) of the Criminal Justice Act 1967
Alibi: I hereby certify that the accused was [not] informed of the requirements of section 11 of the Criminal Justice Act 1967 and that he gave to the court [no] [the following] particulars of an alibi:—
Juveniles: The court gave [a] [no] direction under section 39 of the Children and Young Persons Act 1933
J.P.
Justice of the Peace
Schedule 1
*Delete if evidence was taken in the absence of the accused.
†Delete if evidence was taken in the absence of the accused and the accused was not represented.
Schedule 2
Part I
DEPOSITIONS
Part II
WRITTEN STATEMENTS
12
Statement of accused (M.C.Rules 1968, r.4)
… ..Magistrates' Court (Code)
Date:
Accused:
Address:
being charged with the offence(s) set out in Schedule 1 to the certificate herewith And the evidence for the prosecution having been given and the charges having been read and explained to the accused [The accused was addressed by the court in accordance with Rule 4 of the Magistrates' Courts Rules 1968, and asked whether he wished to say anything in answer to the charge(s)] [The accused, being represented, was asked whether he wished to say anything in answer to the charge(s)]
Statement: Whereupon the accused [said:— ] [made no reply]
[and this statement was read over to the accused who was given an opportunity to sign it]
And the accused was given an opportunity to give evidence and to call witnesses
Taken before me
J.P.
Justice of the Peace
13
Warrant of commitment: committal to Crown Court for trial (M.C. Act 1952, s.7; C.J. Act 1967, s.1; M.C. Rules 1968, rr.73, 77, 78, 80)
… ..Magistrates' Court (Code)
Date:
Accused: Age years
Address:
has this day been charged with the offence(s) set out in Schedule 1 hereto and committed for trial at the Crown Court at… ..
Direction: You [the constables of Police Force] [A.B.] are hereby required to convey the accused to [prison] [remand centre] and there deliver the accused to the Governor thereof, together with this warrant; and you the Governor to receive into your custody and keep the accused until the accused be delivered in due course of law.
*Bail: The accused shall be released on bail on entering into a recognizance in the sum of £ with suret in the sum of £ [each] for the accused's appearance before the Crown Court on such day and at such time and place as may be notified to the accused by the appropriate officer of that court, and subject to the further conditions, if any, specified in Schedule 2 hereto.
J.P.
Justice of the Peace [By order of the Court
J.C.
Justices' Clerk]
Schedule 1
Schedule 2
*Delete if bail is not allowed.
15
Notice to governor of prison of persons committed to the Crown Court on bail (M.C. Rules 1968. m. 8, 16)
… ..Magistrates' Court (Code)
Persons committed by this Court on… ..on bail to the Crown Court at… ..
J.C.
Justices' Clerk
To the Governor HM Prison/Remand Centre… ..
17
Witness order (C.P. (A. of W.) Act 1965, s.1(1); M.C.Rules 1968, r.5)
… ..Magistrates' Court (Code)
Date:
To :
(Witness)
Address:
Order: That *[if notice is later given to you to that effect] you attend and give evidence at the trial of (accused) at the Crown Court at
J.P.
Justice of the Peace [By order of the Court
J.C.
Justices' Clerk]
NOTE: Failure to comply with this order may render you liable to imprisonment for 3 months or a fine. You will be notified of the date and time at which you are to attend by the appropriate officer of the Crown Court, to whom any enquiry should be addressed.
*Delete unless the order is a conditional order.
34
Warrant of commitment on remand after conviction
(M.C. Act 1952, ss. 14(3), 105; C.J. Act 1961, ss. 4(4), 12(4); C.J. Act 1967, s.18; I. Act 1971, s.6(2); M.C. Rules 1968, rr. 77,78,80)
… ..Magistrates' Court (Code)
Date:
Accused: Age Years
Address:
Offence: (particulars and statute)
The accused having been convicted of that offence
Decision: Hearing adjourned until (date) at (time) and accused remanded in custody [to enable enquiries to be made] [to determine the most suitable method of dealing with the case] [to enable the Secretary of State to make a report on the accused under section [4(4)] [12(3)] of the Criminal Justice Act 1961] [to enable a notice to be given to the accused under section 6(2) of the Immigration Act 1971] [to enable a period of seven days to elapse from the date on which notice under section 6(2) of the Immigration Act 1971 was given to the accused].
Direction: You [the constables of Police Force] [A.B.] are hereby required to convey the accused to [prison] [remand centre] and there deliver the accused to the Governor thereof, together with this warrant; and you the Governor to receive the accused...
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