The Magistrates' Courts (Knife Crime Prevention Orders) Rules 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/210 |
| Year | 2020 |
2020 No. 210 (L. 8)
Magistrates’ Courts, England And Wales
The Magistrates’ Courts (Knife Crime Prevention Orders) Rules 2020
Made 25th February 2020
Laid before Parliament 4th March 2020
Coming into force 30th March 2020
The Lord Chief Justice makes the following Rules in exercise of the powers conferred by section 144 of the Magistrates’ Courts Act 19801, with the concurrence of the Lord Chancellor.
Citation, commencement and interpretation
1.—(1) These Rules may be cited as the Magistrates’ Courts (Knife Crime Prevention Orders) Rules 2020 and shall come into force on 30th March 2020.
(2) In these Rules—
(a)
(a) “the 2019 Act” means the Offensive Weapons Act 20192and a reference to a section by number alone is a reference to that section of the 2019 Act;
(b)
(b) expressions defined or used in the 2019 Act mean the same as in it;
(c)
(c) “applicant” includes any person acting under the authority of a chief officer of police;
(d)
(d) the following expressions mean the same as in the Magistrates’ Courts Rules 19813—
(i) “business days” (see rule 2(1) of the 1981 Rules),
(ii) “summons” (see rule 98 of those Rules), and
(iii) “service” (see Rules 99 and 115 of those Rules); and
(e)
(e) a reference to “hearsay evidence” is a reference to evidence consisting of hearsay within the meaning of section 1(2) of the Civil Evidence Act 19954.
Application for a knife crime prevention order
2.—(1) An applicant under section 14 of the 2019 Act5for a knife crime prevention order must—
(a)
(a) apply by complaint;
(b)
(b) in the application—
(i) identify the defendant by name, address and date of birth,
(ii) where the defendant is under 18, identify a parent or guardian of the defendant, by name and address, or if unable to do so explain why,
(iii) explain on what grounds the applicant is entitled to apply, and
(iv) summarise the facts of which the applicant intends to introduce evidence to satisfy the condition imposed by section 14(3) (possession on at least two occasions during 2 years of a bladed article);
(c)
(c) specify each requirement and prohibition that the applicant proposes as necessary to—
(i) protect the public in England and Wales from the risk of harm involving a bladed article,
(ii) protect any particular member of the public in England and Wales (including the defendant) from such risk, or
(iii) prevent the defendant from committing an offence involving a bladed article;
(d)
(d) identify each person whom the applicant proposes as supervisor of the defendant’s compliance with any such requirement;
(e)
(e) unless the applicant wants the court to exercise its powers under section 166(application without notice)—
(i) serve the application on the defendant with a summons issued by the court,
(ii) where the defendant is under 18, serve the application and such a summons on any parent or guardian identified in sub-paragraph (b)(ii), and
(iii) where the defendant is under 18, identify the youth offending team consulted by the applicant before the application was made;
(f)
(f) unless the court dismisses the application, serve any order made on the defendant; and
(g)
(g) unless the defendant is present or represented when the court adjourns, give the defendant notice of any adjourned hearing.
(2) Where the application under section 14 includes an application under section 187(interim knife crime prevention order if application adjourned), the applicant must explain why it would be just for the court to make such an interim order.
(3) Where the court exercises its powers under section 16, no later than 5 business days before the date fixed for any adjourned hearing, or within such other period as the court directs, the applicant must—
(a)
(a) serve the application and notice of that hearing on the defendant; and
(b)
(b) where the defendant is under 18—
(i) serve the application and notice on any parent or guardian identified in paragraph (1)(b)(ii), and
(ii) notify the court of the youth offending team consulted by the applicant.
(4) Unless the applicant wants the court to exercise its powers under section 16, no later than 5 business days before the date, or adjourned date, fixed for the hearing of the application the applicant must serve on the court officer and the defendant an indexed bundle containing—
(a)
(a) the application;
(b)
(b) the information to which paragraphs (1)(c) and (d) refer;
(c)
(c) a written statement of such oral evidence as the applicant intends to introduce in support of the application; and
(d)
(d) a notice of any hearsay evidence on which the applicant relies.
(5) A summons, application, order or notice of adjournment which this rule requires the applicant to serve may be served instead by a court officer.
Review of knife crime prevention order
3.—(1) This rule applies where under section 26 of the 2019 Act8the court orders a review of a knife crime prevention order.
(2) The review must be heard by—
(a)
(a) the court from which the appeal was made, where the review is ordered by a court hearing an appeal under section 289; or
(b)
(b) the court by which the review is ordered, in any other case.
(3) Unless the reviewing court otherwise directs—
(a)
(a) not less than 10 business days before the...
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