The Justices' Clerks' Rules, 1970
| Published date | 01 July 1970 |
| Date | 01 July 1970 |
| DOI | http://doi.org/10.1177/002201837003400310 |
| Subject Matter | Article |
The Justices' Clerks' Rules
1970
THESE Rules became operative on the 1April 1970
and
provide
that
certain things which
can
be done by, to or before a single
justice of
the
peace for a petty sessions
area
may be done by, to or
before the justices' clerk for
that
area.
These things are:
(I)
the laying of an information or the making of a complaint,
other
than
one substantiated on oath,
(2) the issue of a summons, including a witness summons,
(3) the
adjournment
of the hearing of a complaint, if both
parties agree,
(4) the further
adjournment
of criminal proceedings if
both
the
prosecution
and
defence agree if either the defendant has
been summoned, when questions of custody or bail do
not
arise, or
if
the defendant has already been
remanded
on
bail
and
the further
remand
is on bail on the same terms
and
conditions,
(5) deciding which
Court
will
bear
acomplaint for the revoca-
tion, discharge, revival, variation or enforcement of an
order enforceable as
an
affiliation order,
(6) allowing further time to
pay
a
sum
enforceable by a
magistrates' court,
(7) making aTransfer of Fine order,
(8)
prior
to a means enquiry into
the
non
payment
of a
sum
adjudged to be
paid
by a conviction to
order
the defendant
to furnish astatement of his means,
(9)
prior
to a hearing in which
an
attachment
of earnings order
can be
made
to order the defendant
and
his employer to
furnish statement of means,
(10) the giving of consent for another magistrates'
court
to deal
with
an
offence for which an order of probation or con-
ditional discharge was
made
in respect of a person aged
seventeen or over by the Justices clerk of the original
court
or, in
the
case of a probation order, the Supervising Court.
(I I)
the
amendment
of a probation order
made
in respect of a
person aged seventeen or over by substituting for the
petty
sessions
area
named
in the
order
the
area
where the pro-
bationer resides or will reside.
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