The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988

The Magistrates' Courts Rules 1981

2.  The Magistrates' Courts Rules 1981(1) shall be amended as follows:–

(a) After rule 52 there shall be inserted the following rule:

52A. Review of terms of postponement of warrant of commitment

52A. An application under section 77(5) of the Magistrates' Courts Act 1980(2) may be made in writing or in person and where under that subsection a justice of the peace refers such an application to the court, notice of the time and place fixed under section 77(6) for the hearing of the application may be deemed to have been given if it is sent by registered post or the recorded delivery service addressed to the applicant at his last known address, notwithstanding that the notice is returned as undelivered or is for any other reason not received by the applicant.”;

(b) Paragraph (5) of rule 55 shall cease to have effect;

(c) At the end of paragraph (2) of rule 65 there shall be inserted the following:

“(o) reference by a justice of the peace of an application under section 77(5) of the Act of 1980 for a review of the terms on which a warrant of commitment is postponed;

(p) order under section 77(3) of the Act of 1980 varying the time for which or the conditions subject to which a warrant of commitment is postponed.”;

(d) After paragraph (10) of rule 66 there shall be inserted the following paragraph:

“(10A) Where a court is required under section 35(1) of the Powers of Criminal Courts Act 1973(3) to give reasons for not making a compensation order the court shall cause the reasons given to be entered in the register.”;

(e) In rule 90, after the words “subsection (6A) of that section)” there shall be inserted the words “and any record of reasons required by paragraph 9A of Schedule 1 to that Act”;

(f) For rule 94 there shall be substituted: “A justice of the peace shall not commit any person to a prison, young offender institution or a remand centre, or to detention at a police station under section 128(7) of the Act of 1980, or to customs detention under section 152 of the Criminal Justice Act 1988(4) except by warrant of commitment.”;

(g) In paragraph (1) of rule 97, after the words “A warrant of commitment” there shall be inserted the words “, other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988,”;

(h) After paragraph (1) of rule 97, there shall be inserted the following paragraph:

“(1A) A warrant issued by a justice of the peace committing a person to customs detention under section 152 of the Criminal Justice Act 1988–

(a) shall name or otherwise describe the person committed;

(b) shall contain a statement of the offence with which the person committed is charged;

(c) shall be directed to the officers of Her Majesty’s Customs and Excise and shall require those officers to keep the person committed in their custody, unless in the meantime he be otherwise delivered in due course of law, for a period (not exceeding 192 hours) specified in the warrant.”;

(i) In paragraph (2) of rule 97, after the words “A warrant of commitment” there shall be inserted the words “, other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988,”.

(1)

S.I. 1981/552, amended by S.I. 1982/245, 1983/523. 1984/1552, 1985/1944, 1986/1332.

(2)

Section 77(2)–(8) were inserted by section 61 of the Criminal Justice Act 1988 (c. 33).

(3)

1973 c. 62; section 35(1) was amended by section 104 of the Criminal Justice Act 1988.

(4)

1988 c. 33.