The Justices' Clerks Rules 2005

JurisdictionUK Non-devolved
CitationSI 2005/545
Year2005

2005 No. 545 (L.10)

MAGISTRATES' COURTSPROCEDURE

The Justices' Clerks Rules 2005

Made 8th March 2005

Laid before Parliament 9th March 2005

Coming into force 1st April 2005

The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 19801and section 28 of the Courts Act 20032, after consultation with the Criminal Procedure Rule Committee, the Family Procedure Rule Committee and the Magistrates' Courts Rule Committee, hereby makes the following Rules:

S-1 These Rules may be cited as the Justices' Clerks Rules 2005 and...

1. These Rules may be cited as the Justices' Clerks Rules 2005 and shall come into force on 1 April 2005.

S-2 The things specified in the Schedule to these Rules, being...

2. The things specified in the Schedule to these Rules, being authorised to be done by, to or before a single justice of the peace, may be done by, to or before a justices' clerk.

S-3 The things specified in paragraphs 1 to 36 in the Schedule to...

3.—(1) The things specified in paragraphs 1 to 36 in the Schedule to these Rules, being authorised to be done by, to or before a justices' clerk, may be done by, to or before an assistant clerk, provided that that person has been specifically authorised by the justices' clerk for that purpose, and any reference in the Schedule to a justices' clerk shall be taken to include such a person.

(2) The powers authorised to be exercised by a justices' clerk at an early administrative hearing under section 50 of the Crime and Disorder Act 19983may be exercised instead by an assistant clerk who has been specifically authorised by the justices' clerk for that purpose.

(3) Any authorisation by the justices' clerk under paragraph (1) or (2) above shall be recorded in writing at the time the authority is given or as soon as practicable thereafter.

S-4 The Justices' Clerks Rules 1999 are hereby revoked.

The Justices' Clerks Rules 1999 are hereby revoked.

4. The Justices' Clerks Rules 19994are hereby revoked.

Christopher Leslie

Parliamentary Under Secretary of State

Department for Constitutional Affairs

8th March 2005

SCHEDULE

SCHEDULE

SCH-1.1

1. The laying of an information or the making of a complaint, other than an information or complaint substantiated on oath.

SCH-1.2

2. The issue of any summons, including a witness summons.

SCH-1.3

3. The issue of a warrant of arrest, whether or not endorsed for bail, for failure to surrender to the court, where there is no objection on behalf of the accused.

SCH-1.4

4. The marking of an information as withdrawn.

SCH-1.5

5. The dismissing of an information, or the discharging of an accused in respect of an information, or the discharging of an accused in respect of an information, where no evidence is offered by the prosecution.

SCH-1.6

6. The making of an order for the payment of defence costs out of central funds.

SCH-1.7

7. The adjournment of the hearing of a complaint if the parties to the complaint consent to the complaint being adjourned.

SCH-1.8

8. The extending of bail on the same conditions as those (if any) previously imposed, or, with the consent of the prosecutor and the accused, the imposing or varying of conditions of bail.

SCH-1.9

9. The further adjournment of criminal proceedings with the consent of the prosecutor and the accused, if but only if,

(a) the accused, not having been remanded on the previous adjournment, is not remanded on the further adjournment; or

(b) the accused, having been remanded on bail on the previous adjournment, is remanded on bail on the like terms and conditions, or, with the consent of the prosecutor and the accused, on other terms and conditions.

SCH-1.10

10.—(1) The further adjournment of criminal proceedings, where there has been no objection by the prosecutor, where the accused, having been remanded on bail on the previous adjournment, is remanded on bail on the like terms and conditions in his absence.

(2) The remand of the accused on bail in his absence at the time of further adjourning the proceedings in pursuance of sub-paragraph (1) above.

SCH-1.11

11.—(1) The appointment of a later time at which a person, who has been granted bail under the Police and Criminal Evidence Act 19845subject to a duty to appear before a magistrates' court, is to appear, and the enlargement of any sureties for that person at that time, in accordance with section 43(1) of the Magistrates' Courts Act 1980, provided there is no objection by the prosecutor.

(2) Where a person has been granted police bail to appear at a magistrates' court, the appointment of an earlier time for his appearance.

SCH-1.12

12. The committal of a person for trial on bail in accordance with section 6(2) and (3)(b) of the Magistrates' Courts Act 1980 where, having been remanded on bail on the previous adjournment, he is released on bail on the like terms and conditions.

SCH-1.13

13. Where a case is to be tried on indictment, the granting of a representation order under Schedule 3 to the Access to Justice Act 19996for the purposes of the proceedings of the Crown Court.

SCH-1.14

14. The asking of an accused whether he pleads guilty or not guilty to a charge, after having stated to him the substance of the information laid against him.

SCH-1.15

15. The fixing or setting aside of a date, time and place for the trial of an information.

SCH-1.16

16. The making of a direction in accordance with rule 93A(7) or (8) of the Magistrates' Courts Rules 19817.

SCH-1.17

17. The giving, variation or revocation of directions for the conduct of a criminal trial, including directions as to the following matters, namely–

the timetable for proceedings;

the attendance of the parties;

the service of documents (including summaries of any legal arguments relied on by the parties);

the manner in which evidence is to be given.

SCH-1.18

18. With the consent of the parties, the giving, variation or revocation of orders for separate or joint trials in the case of two or more accused or two or more informations.

SCH-1.19

19. The extension, with the consent of the accused, of an overall time limit under section 22 of the Prosecution of Offences Act 19858.

Sentences etc.

Sentences etc.

SCH-1.20

20. The request of a pre-sentence report following a plea of guilty.

SCH-1.21

21. The request of a medical report and, for that purpose, the remand of an accused on bail on the same conditions as those (if any) previously imposed, or, with the consent of the prosecutor and the accused, on other conditions.

SCH-1.22

22. The remitting of an offender to another court for sentence.

SCH-1.23

23. Where an accused has been convicted of an offence, the making of an order for him to produce his driving licence.

SCH-1.24

24. The giving of consent for another magistrates' court to deal with an offender for an earlier offence in respect of which, after the offender had attained the age of eighteen years, a court had made an order for conditional discharge, where the justices' clerk is the clerk of the court which made the order, or in the case of a community rehabilitation order, of that court or the supervising court.

SCH-1.25

25. The amending, in accordance with paragraph 15 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 20009, of a community rehabilitation order or community punishment order by substituting for the local justice area specified in the order the other area in which the offender proposes to reside or is residing.

SCH-1.26

26. The varying, in accordance with paragraph 5(1) of Schedule 5 to the Powers of Criminal Courts (Sentencing) Act 2000, of an attendance centre order...

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