Magistrates' Courts (Forms) (Amendment) Rules 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/146 |
| Year | 1978 |
1978 No. 146 (L. 1)
MAGISTRATES' COURTS
PROCEDURE
The Magistrates' Courts (Forms) (Amendment) Rules 19781stFebruary 1978
14thFebruary 1978
17thApril 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), and section 5(1) of the Bail Act 1976(c), after consultation with the Rule Committee under the said section 15, hereby makes the following Rules:—
1. These Rules may be cited as the Magistrates' Courts (Forms) (Amendment) Rules 1978 and shall come into operation on 17th April 1978.
2. The Schedule to the Magistrates' Courts (Forms) Rules 1968(d), as amended(e), shall be amended as follows:—
(a) for the forms numbered 3 to 5, 7, 10, 13, 32, 33, 34, 42, 76, 77, 83, 84, 90, 91, 94D, 95, 119, 120, 123, 125 and 126 there shall be substituted the forms numbered in like manner in the Schedule to these Rules;
(b) after the forms numbered 119, 120, 123, 124, 125 and 126 there shall be inserted respectively the forms numbered 119A, 120A, 123A, 124A, 125A and 126A in the Schedule to these Rules;
(c) after the form numbered 146 there shall be inserted the forms numbered 146A, 146B, 146C, 146D and 146E in the Schedule to these Rules:
Provided that these Rules 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. 1968/1919.
(e) The relevant amending instruments are S.I. 1974/444, 1975/301.
Rule 2
SCHEDULE
FORMS TO BE SUBSTITUTED OR INSERTED IN THE MAGISTRATES' COURTS (FORMS) RULES 1968.
3
Warrant of arrest in first instance (M.C. Act 1952, ss.1, 93; C.J. Act 1967, s.24; Bail Act 1976, s.3; 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] [affirmation] by
… ..on
… ..that the accused committed the above offence
Direction: You, the constables of Police Force, are hereby required to arrest the accused and to bring the accused before the above magistrates' court immediately [unless the accused is released on bail as directed below].
On arrest, after complying with the condition(s) specified in Schedule I hereto, the accused shall be released on bail, subject to the condition(s) specified in Schedule II hereto, and with a duty to surrender to the custody of the above magistrates' court on … .. at … .. a.m./p.m.
Justice of the Peace
*Delete if bail is not granted.
SCHEDULE I
Conditions to be complied with before release on bail
To provide suret[y][ies] in the sum of £ [each] to secure the accused's surrender to custody at the time and place appointed.
†
SCHEDULE II
Conditions to be complied with after release on bail
†
†Insert condition(s) as appropriate (including in Schedule I directions under M.C. Rules 1968, r. 71A in respect of any pre-release conditions).
4
Warrant of Commitment on remand before conviction (M.C. Act 1952, ss.6, 14, 105; Bail Act 1976, ss.3, 4; M.C. Rules 1968, rr.77, 78, 80)
… ..Magistrates' Court (Code)
Date:
Accused:
Age years
Address:
Alleged offence: (short particulars and statute)
Decision: The hearing is 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 released on bail 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: After complying with the condition(s) specified in Schedule I hereto, the accused shall be released on bail subject to the condition(s) specified in Schedule II hereto, and with a duty to surrender to the custody of the above magistrates' court on … .. at … .. a.m./p.m.
Justice of the Peace [or By order of the Court Clerk of the Court]
*Delete if bail is not granted.
SCHEDULE I
Conditions to be complied with before release on bail
To provide suret[y][ies] in the sum of £ [each] to secure the accused's surrender to custody at the time and place appointed.
†
SCHEDULE II
Conditions to be complied with after release on bail
†
†Insert condition(s) as appropriate (including in Schedule I directions under M.C. Rules 1968, r. 71A in respect of any pre-release conditions).
5
Warrant of commitment on further remand in custody of person unable to appear by reason of illness or accident (M.C. Act 1952, s.106; Bail Act 1976, s.3; M.C. Rules, rr. 77, 78, 80)
… ..Magistrates' Court (Code)
Date:
Accused: Age years
The accused having been committed to custody by the above magistrates' court on (date) under a warrant of commitment and having been remanded in custody until today in respect of the offence(s) set out in the said warrant
The court being satisfied that by reason of [illness] [accident] the accused is unable to appear personally before the court
Direction: You, the Governor of [prison] [remand centre], are hereby required to keep the accused until (date) unless the accused is released on bail in the meantime, and on that day to convey the accused to the above court at (time) unless you shall have been ordered otherwise in the meantime.
*Bail: After complying with the condition(s) specified in Schedule I hereto, the accused shall be released on bail subject to the condition(s) specified in Schedule II hereto, and with a duty to surrender to the custody of the above magistrates' court on … .. at … .. a.m./p.m.
Justice of the Peace [or By order of the Court Clerk of the Court]
*Delete if bail is not granted.
SCHEDULE I
Conditions to be complied with before release on bail
To provide suret[y][ies] in the sum of £ [each] to secure the accused's surrender to custody at the time and place appointed.
†
SCHEDULE II
Conditions to be complied with after release on bail
†
†Insert condition(s) as appropriate (including in Schedule I directions under M.C. Rules 1968, r. 71A in respect of any pre-release conditions).
7
Warrant of arrest on failure to surrender to bail (M.C. Act 1952, s.93; Bail Act 1976, s.7; M.C. Rules 1968, rr.78, 79)
… ..Magistrates' Court (Code)
Date:
Accused:
Address:
Alleged offence: (short particulars and statute)
The accused having been released on bail with a duty to surrender to the custody of the above magistrates' court on this day at (time) and having failed to surrender to custody as required
Direction: You, the constables of Police Force, are hereby required to arrest the accused and bring the accused before the above magistrates' court immediately [unless the accused is released on bail as directed below].
*Bail: On arrest, after complying with the condition(s) specified in Schedule I hereto, the accused shall be released on bail subject to the condition(s) specified in Schedule II hereto and with a duty to surrender to the custody of the above magistrates' court on … .. at … .. a.m./p.m.
Justice of the Peace [or By order of the Court Clerk of the Court]
*Delete if bail is not granted.
SCHEDULE I
Conditions to be complied with before release on bail
To provide suret[y][ies] in the sum of £ [each] to secure the accused's surrender to custody at the time and place appointed.
†
SCHEDULE II
Conditions to be complied with after release on bail
†
†Insert condition(s) as appropriate (including in Schedule I directions under M.C. Rules 1968, r. 71A in respect of any pre-release conditions).
10
Warrant of arrest issued before return date of summons (M.C. Act 1952, ss.1, 93; C.J. Act 1967, s.24; Bail Act 1976, s.3; M.C. Rules 1968, rr. 78, 79)
… ..Magistrates' Court (Code)
Date:
Accused:
Address:
Alleged offence: (short particulars and statute)
Information having been laid [on [oath] [affirmation]] by … .. on … .. that the accused committed the above offence
[The said information having been this day substantiated on [oath] [affirmation]]
Direction: You, the constables of Police Force, are hereby required to arrest the accused and to bring the accused before the above magistrates' court immediately [unless the accused is released on bail as directed below].
*Bail: On arrest, after complying with the condition(s) specified inin Schedule I hereto, the accused shall be released on bail, subject to the condition(s) specified in Schedule II hereto, and with a duty to surrender to the custody of the above magistrates' court on … .. at … .. a.m./p.m.
Justice of the Peace
*Delete if bail is not granted.
SCHEDULE I
Conditions to be complied with before release on bail
To provide suret[y][ies] in the sum of £ [each] to secure the accused's surrender to custody at the time and place appointed.
†
SCHEDULE II
Conditions to be complied with after release on bail
†
†Insert condition(s) as appropriate (including in Schedule I directions under M.C. Rules 1968, r. 71A in respect of any pre-release conditions).
13
Warrant of commitment: committal to Crown Court for trial (M.C. Act 1952, s.7; C.J. Act 1967, s.1; Bail Act 1976, ss.3, 4; M.C. Rules 1968, rr. 77, 78, 80)
… ..Magistrates' Court (Code)
Date:
Accused: Age years
Address:
Alleged offence: (particulars and statute)
Decision: The accused is committed for trial at the Crown Court at … .. in respect of the above offence.
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, unless the accused is released on bail in the meantime, to keep the...
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