Magistrates' Courts (Sex Offender Orders) Rules 2002

Year2002

2002 No. 2782 (L. 12)

MAGISTRATES' COURTS, ENGLAND AND WALESPROCEDURE

The Magistrates' Courts (Sex Offender Orders) Rules 2002

Made 7th November 2002

Laid before Parliament 11th November 2002

Coming into force 2nd December 2002

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 19801, after consultation with the rule committee appointed under the said section 144, hereby makes the following Rules:

Citation, commencement and interpretation

Citation, commencement and interpretation

S-1 These Rules may be cited as the Magistrates' Courts (Sex...

1. These Rules may be cited as the Magistrates' Courts (Sex Offender Orders) Rules 2002 and shall come into force on 2nd December 2002.

S-2 In these Rules— a reference to a numbered section is a...

2. In these Rules—

(a) a reference to a numbered section is a reference to the section so numbered in the Crime and Disorder Act 19982; and

(b) a reference to a Schedule is a reference to a Schedule to these Rules.

Revocation
S-3 Revocation

Revocation

3. These Rules hereby revoke—the Magistrates' Courts (Sex Offender and Anti-social Behaviour Orders) Rules 19983.

Transitional provision
S-4 Transitional provision

Transitional provision

4. These Rules apply to applications for sex offender orders made under section 2 before, as well as after, the commencement of these Rules.

Sex offender orders and interim sex offender orders
S-5 Sex offender orders and interim sex offender orders

Sex offender orders and interim sex offender orders

5.—(1) An application for—

(a)

(a) a sex offender order made under section 2, or

(b)

(b) an interim sex offender order made under section 2A,

shall be in the form set out in Schedule 1.

(2) A summons directed to the defendant requiring him to appear before a magistrates' court to answer an application referred to in paragraph (1) shall be in the form set out in Schedule 2.

(3) A sex offender order shall be in the form set out in Schedule 3.

(4) An interim sex offender order shall be in the form set out in Schedule 4.

Variation and discharge of sex offender orders and interim sex offender orders
S-6 Variation and discharge of sex offender orders and interim sex offender orders

Variation and discharge of sex offender orders and interim sex offender orders

6.—(1) This rule applies to the making of an application for the variation or discharge of a sex offender order or an interim sex offender order.

(2) The application shall be made in writing to the appropriate court and shall specify the reason why the applicant believes the court should vary or discharge the order, as the case may be.

(3) Where the court considers that there are no grounds on which it might conclude that the order should be varied or discharged, as the case may be, it may determine the application without hearing representations from the applicant or any other person.

(4) In all other circumstances, the Justices' Chief Executive shall, unless the application is withdrawn, fix a date for the hearing of the application which shall not be earlier than fourteen days from the date on which it is fixed, and he shall issue a summons notifying the parties in writing of that date.

(5) The Justices' Chief...

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