Magistrates' Courts (Forms) (Amendment) (No. 2) Rules 1978

JurisdictionUK Non-devolved
CitationSI 1978/757
Year1978

1978 No. 757 (L. 18)

MAGISTRATES' COURTS

PROCEDURE

The Magistrates' Courts (Forms) (Amendment) (No. 2) Rules 1978

22ndMay 1978

2ndJune 1978

17thJuly 1978

The Lord Chancellor in exercise of the powers 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) (No. 2) Rules 1978 and shall come into operation on 17th July 1978.

2. The Schedule to the Magistrates' Courts (Forms) Rules 1968(c), as amended(d), shall be amended as follows:—

(a) after the form numbered 2 there shall be inserted the form numbered 2A in the Schedule to these Rules;

(b) after the form numbered 4 there shall be inserted the forms numbered 4A, 4B, 4C and 4D in the Schedule to these Rules.

Elwyn-Jones, C.

Dated 22nd May 1978.

(a) 1949 c. 101.

(b) 1952 c. 55.

(c) S.I. 1968/1919.

(d) The relevant amending instruments are S.I. 1974/444, 1978/146.

Rule 2

SCHEDULE

FORMS TO BE INSERTED IN THE MAGISTRATES' COURTS (FORMS) RULES 1968.

2A

Summons to accused to attend adjourned hearing (C.L. Act 1977, s.26(1); M.C. Rules 1968, r.81)

… .. Magistrates' Court (Code)

Date:

To the accused:

of:

A summons was served on you for hearing on (date) by the above court. The court has this day determined that your presence is required for the purposes of the proceedings and has adjourned the hearing for your appearance.

You are hereby summoned to appear on (date) at (time) before the Magistrates' Court at … ..

Justice of the Peace

[or By order of the Court Clerk of the Court]

4A

Warrant of Commitment on remand to alternate court (M.C. Act 1952, ss. 6, 14, 105; C.L. Act 1977, ss. 19(4), 41; M.C. Rules 1968, rr.23A, 77, 78, 80)

… .. Magistrates' Court (Code)

Date:

Accused: Age years

Address:

Alleged offence: (short particulars and statute)

Decision: The above court, having adjourned the hearing and remanded the accused in custody, orders that the accused be brought up for any subsequent remands before … .. Magistrates' Court ("the alternate court").

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 released on bail or you are otherwise ordered in the meantime, to keep the accused until (date) and on that day to convey the accused to the alternate court at (time) .

Justice of the Peace

[or By order of...

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