The Magistrates' Courts Rules 1981

1. Introductory Text

2. GENERAL

   1. 1. Citation, operation and revocations

   2. 2. Interpretation

   3. 3. Saving for the Magistrates' Courts (Children and Young Persons) Rules 1970

3. INFORMATION AND COMPLAINT

   1. 4. Information and complaint

4. PROCEEDINGS PRELIMINARY TO TRIAL ON INDICTMENT

   1. 5. Restrictions on reports of committal proceedings

   2. 6. Committal for trial without consideration of evidence

   3. 7. Taking depositions of witnesses and statement of accused

   4. 8. Order for attendance of witness at court of trial

   5. 9. Notice to governor of prison of committal on bail

   6. 10. Notices on committal of person subject to transfer direction

   7. 11. Documents and exhibits to be retained and sent to court of trial

5. SUMMARY TRIAL OF INFORMATION AND HEARING OF COMPLAINT

   1. 12. Information to be for one offence only

   2. 13. Order of evidence and speeches: information

   3. 14. Order of evidence and speeches: complaint

   4. 15. Adjournment of trial of information

   5. 16. Form of conviction or order

   6. 17. Committals for sentence, etc.

   7. 18. Committal to Crown Court for order restricting discharge, etc.

   8. 19. Remittals to another magistrates' court for sentence, etc.

   9. 20. Duty of clerk receiving statutory declaration under s.14(1) of Act of 1980

6. SUMMARY TRIAL OF OFFENCE TRIABLE EITHER WAY

   1. 21. Duty to recall witnesses who have given evidence before examining justices

   2. 22. Preservation of depositions where offence friable either way is dealt with summarily

7. REMAND

   1. 23. Remand on bail for more than 8 days where sureties have not entered into recognizances

   2. 24. Documents to be sent on remand for medical inquiry

   3. 25. Transfer of remand hearings

   4. 26. Notice of further remand in certain cases

8. DEFERMENT OF SENTENCE

   1. 27. Notification of conviction before expiration of period of deferment

9. CONDITIONAL DISCHARGE AND PROBATION

   1. 28. Notification of discharge, etc., of probation order or order for conditional discharge

10. SUSPENDED SENTENCES

    1. 29. Entries in register in respect of suspended sentences

    2. 30. Suspended sentence supervision orders

11. HOSPITAL ORDER

    1. 31. Documents to be sent under Mental Health Act 1959

12. ENDORSEMENT

    1. 32. Endorsement of driving licence

13. DEPOSITION OF PERSON DANGEROUSLY ILL

    1. 33. Deposition of person dangerously ill

14. APPEAL TO MAGISTRATES' COURT

    1. 34. Appeal to be by complaint

15. AFFILIATION ORDERS

    1. 35. Time for hearing affiliation summons

16. DOMESTIC PROCEEDINGS

    1. 36. Reasons for decisions in certain domestic proceedings to be recorded

    2. 37. Copies of records to be supplied in connection with appeals

    3. 38. Certification of records

17. ORDERS FOR PERIODICAL PAYMENTS

    1. 39. Method of making periodical payments

    2. 40. Duty of clerk to notify arrears of periodical payments

    3. 41. Revocation, variation, etc., of orders for periodical payments

    4. 42. Application for sums under affiliation order to be paid to person having custody of child

    5. 43. Service of copy of order

    6. 44. Remission of sums due under order

    7. 45. Duty of clerk to notify remarriage of person entitled to payments under a maintenance order

18. SATISFACTION, ENFORCEMENT AND APPLICATION OF PAYMENTS

    1. 46. Notice to defendant of fine or forfeited recognizance

    2. 47. Registration and notification of financial penalty enforcement order

    3. 48. To whom payments are to be made

    4. 49. Duty of clerk to give receipt

    5. 50. Relief of collecting officer

    6. 51. Application for further time

    7. 52. Notice of date of hearing of means inquiry etc.

    8. 53. Notice to defendant before enforcing order

    9. 54. Execution of distress warrant

    10. 55. Payment after imprisonment imposed

    11. 56. Order for supervision

    12. 57. Transfer of fine order

    13. 58. Civil debt: judgment summons

    14. 59. Enforcement of affiliation orders, etc.

    15. 60. Enforcement where periodical payments made under more than one order

    16. 61. Notice of adjudication on complaint for enforcement of affiliation order, etc.

    17. 62. Particulars relating to payment of lump sum under affiliation order, etc. to be entered in register

    18. 63. Notice of date of reception in custody and discharge

    19. 64. Direction that money found on defaulter shall not be applied in satisfaction of debt

    20. 65. Particulars of fine enforcement to be entered in register

19. REGISTER

    1. 66. Register of convictions, etc.

20. EVIDENCE—GENERAL

    1. 67. Proof of service, handwriting, etc.

    2. 68. Proof of proceedings

    3. 69. Proof that affiliation, maintenance orders, etc., have not been revoked, etc.

21. EVIDENCE—CRIMINAL PROCEEDINGS

    1. 70. Written statements in committal proceedings or summary trial

    2. 71. Proof by formal admission

    3. 72. Proof of previous convictions

    4. 73. Clerk to have copies of documents sent to defendant under s. 12(1) of the Act of 1980

22. APPEAL TO CROWN COURT

    1. 74. Documents to be sent to Crown Court

    2. 75. Abandonment of appeal

23. CASE STATED

    1. 76. Application to state case

    2. 77. Consideration of draft case

    3. 78. Preparation and submission of final case

    4. 79. Extension of time limits

    5. 80. Service of documents

    6. 81. Content of case

24. RECOGNIZANCES AND BAIL

    1. 82. Recognizance to keep the peace, etc., taken by one court and discharged by another

    2. 83. Application to vary order for sureties or dispense with them

    3. 84. Notice of enlargement of recognizances

    4. 85. Directions as to security, etc.

    5. 86. Requirements to be complied with before release

    6. 87. Notice to governor of prison, etc. where release from custody is ordered

    7. 88. Release when recognizances have been taken or requirements complied with

    8. 89. Procedure under s. 13 of the Courts Act 1971

    9. 90. Bail records to be entered in register

    10. 91. Notice of change of time for appearance

    11. 92. Notification of bail decision after arrest while on bail

    12. 93. Variation of arrangements for bail on committal to Crown Court

25. WARRANT

    1. 94. Committal to custody to be by warrant

    2. 95. Warrant to be signed

    3. 96. Warrant of arrest

    4. 97. Warrant of commitment

26. SUMMONS

    1. 98. Form of summons

    2. 99. Service of summons, etc.

27. FORM IN WHICH OFFENCE MAY BE STATED IN DOCUMENTS

    1. 100. Statement of offence

28. MISCELLANEOUS

    1. 101. Application for, and notice to be given of, order under s. 95 of, or paragraph 7 of Schedule 10 to, Road Traffic Act 1972

    2. 102. Application for revocation of order under s.14 of Food and Drugs Act 1955

    3. 103. Application for substitution of conditional discharge for probation

    4. 104. Application for review of compensation order

    5. 105. Application for alteration of maintenance agreement under s. 35 of Matrimonial Causes Act 1973

    6. 106. Proceedings against person outside the United Kingdom on application for variation, etc. of certain maintenance and custody orders

    7. 107. Application for summons to witness or warrant for his arrest

    8. 108. Notice of order under s.104 of Road Traffic Act 1972

    9. 109. Signature of forms prescribed by rules made under the Act of 1980

29. Signature

30. 1. SCHEDULE

       REVOCATIONS

31. Explanatory Note