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Statutory Instruments

1981 No. 553 (L. 2)

MAGISTRATES' COURTS

PROCEDURE

The Magistrates' Courts (Forms) Rules 1981

Made

20th March 1981

Laid before Parliament

8th April 1981

Coming into Operation

6th July 1981

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 1980, as extended by section 145 of that Act, after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:—

1.  (1)  These Rules may be cited as the Magistrates' Courts (Forms) Rules 1981 and shall come into operation on 6th July 1981.

(2) The Rules mentioned in Schedule 1 to these Rules are hereby revoked, but where proceedings were commenced before 6th July 1981 and the old enactments within the meaning of paragraphs 1 and 2(2) of Schedule 8 to the Magistrates' Courts Act 1980 continue to apply by virtue of paragraph 2(1) of the said Schedule 8, the provisions of the Rules so mentioned continue to apply and nothing in these Rules affects those provisions.

2.  (1)  The forms contained in Schedule 2 to these Rules or forms to the like effect may be used, with such variation as the circumstances may require, in connection with proceedings in magistrates' courts.

(2) Where a requirement is imposed by or under any Act for the use of a form prescribed by rules made under section 144 of the Magistrates' Courts Act 1980, and an appropriate form is contained in Schedule 1 to these Rules, that form or a form to the like effect shall be used.

Hailsham of St. Marylebone, C

Dated 20th March 1981

Rule 1(2)

SCHEDULE 1REVOCATIONS

Rules revokedReferences
The Magistrates' Courts (Forms) Rules 1968S.I. 1968/1919.
The Magistrates' Courts (Forms) (Amendment) Rules 1969S.I. 1969/1710.
The Magistrates' Courts (Forms) (Amendment) Rules 1974S.I. 1974/444.
The Magistrates' Courts (Forms) (Amendment) Rules 1975S.I. 1975/127.
The Magistrates' Courts (Forms) (Amendment) (No. 2) Rules 1975S.I. 1975/301.
The Magistrates' Courts (Forms) (Amendment) Rules 1977S.I. 1977/1175.
The Magistrates' Courts (Forms) (Amendment) Rules 1978S.I. 1978/146.
The Magistrates' Courts (Forms) (Amendment) (No. 2) Rules 1978S.I. 1978/757.
The Magistrates' Courts (Forms) (Amendment) Rules 1979S.I. 1979/1220.
The Magistrates' Courts (Forms) (Amendment) Rules 1980S.I. 1980/511.

Rule 2

SCHEDULE 2FORMS

CRIMINAL PROCEDURE

FORMS COMMON TO INQUIRY BY EXAMINING JUSTICES AND SUMMARY TRIAL

FORM 1Information (M.C. Act 1980, s. 1; M.C.Rules 1981, r.4)
FORM 2Summons (M.C. Act 1980, s. 1; M.C. Rules 1981, r.98)
FORM 3Summons to accused to attend adjourned hearing (M.C. Act 1980, s. 26(1); M.C. Rules 1981, r. 98)
FORM 4Warrant of arrest in first instance (Bail Act 1976, s. 3; M.C. Act 1980, ss. 1, 13, 14, 117; M.C. Rules 1981, rr. 95,96)
FORM 5Warrant of commitment on remand before conviction (Bail Act 1976, ss. 3, 4; M.C. Act 1980, ss. 5, 10, 128; M.C. Rules 1981, rr. 94, 95, 97)
FORM 6Warrant of commitment on remand to alternate court (M.C. Act 1980, ss. 5, 10, 18(4), 122, 130; M.C. Rules 1981, rr. 25, 94, 95, 97)
FORM 7Warrant of commitment on remand from alternate court (M.C. Act 1980, ss. 5, 10, 18(4), 128, 130; M.C. Rules 1981, rr. 25, 94, 95, 97)
FORM 8Warrant of commitment on further remand in custody of person detained under custodial sentence (M.C. Act 1980, s. 131(3); M.C.Rules 1981, rr. 94, 95, 97)
FORM 9Warrant of commitment: remittal to another magistrates' court for sentence (M.C. Act 1980, ss. 10, 39, 128; M.C. Rules 1981, rr. 19, 94, 95, 97)
FORM 10Warrant of commitment on further remand in custody of person unable to appear by reason of illness or accident (Bail Act 1976, s. 3; M.C. Act 1980, s. 129;M.C. Rules 1981, rr. 94, 95, 97)
FORM 11Order for taking finger-prints and palm-prints of accused person (M.C. Act 1980, s. 49)
FORM 12Warrant of arrest on failure to surrender to bail (Bail Act 1976, s. 7; M.C. Act 1980, s. 117; M.C. Rules 1981, rr. 95, 96)
FORM 13Statement of witness (C.J. Act 1967, s. 9; M.C. Act 1980, s. 102; M.C. Rules 1981, r. 70)
FORM 14Notice to defendant: proof by written statement (C.J. Act 1967, s. 9; M.C. Act 1980, s. 102; M.C. Rules 1981, r. 70)
FORM 15Warrant of arrest issued before return date of summons (Bail Act 1976, s. 3; M.C. Act 1980, ss. 1, 13, 14, 117; M.C. Rules 1981, rr. 95, 96)

INQUIRY BY EXAMINING JUSTICES

FORM 16Certificate to be sent to Crown Court on committal for trial (C.J. Act 1925, s. 13; C.J. Act 1967, ss. 7, 11; M.C. Act 1980, ss. 4, 6, 8, 98; M.C. Rules 1981, rr. 7, 11)
FORM 17Statement of accused (M.C. Rules 1981, r. 7)
FORM 18Warrant of commitment: committal to Crown Court for trial (Bail Act 1976, ss. 3, 4; M.C. Act 1980, s. 6; M.C. Rules 1981, rr. 94, 95, 97)
FORM 19Order committing corporation for trial (M.C. Act 1980, ss. 6, 46, Sch. 3)
FORM 20Notice to governor of prison of persons committed to the Crown Court on bail (M.C. Rules 1981, rr. 9, 17)
FORM 21Notice on committal for trial of a person subject to transfer direction under section 73 of the Mental Health Act 1959 (M.C. Rules 1981, r. 10)
FORM 22Witness order (C.P. (A. of W.) Act 1965, s. 1(1); M.C. Rules 1981, r. 8)
FORM 23Notice to witness that a witness order is to be treated as a conditional order (C.P. (A. of W.) Act 1965, s. 1(2)(b); M.C. Rules 1981, r. 8(2))
FORM 24Notice of provisions of s. 11 of Criminal Justice Act 1967 (C.J. Act 1967, s. 11; M.C. Rules 1981, rr. 6 (5), 7 (13))
FORM 25List of exhibits (M.C. Rules 1981, r. 11(2)(g))
FORM 26Warrant of commitment of person indicted (Courts Act 1971, s. 13(7); M.C. Rules 1981, rr. 94, 95, 97)

SUMMARY TRIAL

FORM 27Notice to defendant: plea of guilty in absence (M.C. Act 1980, s. 12(1)(a))
FORM 28Statement of facts (M.C. Act 1980, s. 12(1)(b))
FORM 29Notice of intention to cite previous convictions (M.C. Act 1980, s. 104)
FORM 30Notice of intention to cite previous convictions for offences involving obligatory or discretionary disqualification from driving (R.T. Act 1972, s. 182(2A)(c))
FORM 31Warrant of arrest on failure to appear in answer to summons or at adjourned trial before evidence has been received (Bail Act 1976, s. 3; M.C. Act 1980, ss. 1, 11, 13, 14, 117; M.C. Rules 1981, rr. 95, 96)
FORM 32Warrant of arrest on failure to appear after evidence has been received where the accused is at large otherwise than on bail (Bail Act 1976, s. 3; M.C. Act 1980, ss. 1, 11, 13, 14, 117; M.C. Rules 1981, rr. 95, 96)
FORM 33Warrant of commitment on remand after conviction (C.J. Act 1961, ss. 4(4), 12; Immigration Act 1971, s. 6(2); Bail Act 1976, ss. 3, 4; M.C. Act 1980, ss. 10(3), 128; M.C. Rules 1981, rr. 94, 95, 97)
FORM 34Warrant of commitment on remand for medical examination (Bail Act 1976, ss. 3, 4; M.C. Act 1980, ss. 10, 30, 128; M.C. Rules 1981, rr. 24, 94, 95, 97)
FORM 35Hospital order (M.H. Act 1959, s. 60; M.C. Rules 1981, r. 31)
FORM 36Guardianship order (M.H. Act 1959, s. 60; M.C. Rules 1981, r. 31)
FORM 37Order of dismissal of information (M.C. Act 1980, s. 9)
FORM 38Conviction (M.C. Act 1980, s. 9; M.C. Rules 1981, r. 16)
FORM 39Warrant of commitment: committal to Crown Court for sentence (C.J. Act 1961, s. 1; C.J. Act 1967, s. 62; Bail Act 1976, s. 3; M.C. Act 1980, ss. 37, 38; M.C. Rules 1981, rr. 94, 95, 97)
FORM 40Warrant of commitment to Crown Court for restriction order (M.H. Act 1959, s. 67(1))
FORM 41Warrant of commitment to Crown Court for restriction order or sentence (M.H. Act 1959, s. 67(4))
FORM 42Order of admission to hospital pending restriction order (M.H. Act 1959, s. 68)
FORM 43Warrant of commitment: sentence of imprisonment (P.C.C. Act 1973, s. 19(3); M.C. Act 1980, s. 132; M.C. Rules 1981, rr. 94, 95, 97)
FORM 44Warrant of commitment to detention centre (C.J. Act 1961, s. 4; M.C. Rules 1981, rr. 94, 95, 97)
FORM 45Order of return to borstal (C.J. Act 1961, s. 12; M.C. Act 1980, s. 4(4))

ENFORCEMENT OF FINES

FORM 46Notice of fine (M.C. Rules 1981, r. 46)
FORM 47Notice of registration of financial penalty enforcement order (Army Act 1955, s. 133A; Air Force Act 1955, s. 133A; Naval Discipline Act 1957, s. 128F; M.C. Rules, 1981, r. 47)
FORM 48Distress warrant (P.C.C. Act 1973, ss. 31, 32; M.C. Act 1980, ss. 76, 78; M.C. Rules 1981, rr. 54, 95)
FORM 49Return of insufficient distress (M.C. Act 1980, s. 76(2)) (Endorsement)
FORM 50Account of charges incurred on distress warrant (M.C. Rules 1981, r. 54(10))
FORM 51Warrant of commitment on occasion of conviction (P.C.C. Act 1973, s. 19(2); M.C. Act 1980, ss. 76, 82, 132; M.C. Rules 1981, rr. 94, 95, 97)
FORM 52Warrant of commitment on occasion subsequent to conviction (P.C.C. Act 1973, ss. 19(2), 31; M.C. Act 1980, ss. 76, 77(2), 79, 82, 88, 132; M.C. Rules 1981, rr. 94, 95, 97)
FORM 53Summons to fine defaulter (P.C.C. Act 1973, ss. 31, 32; M.C. Act 1980, ss. 82, 83; M.C. Rules 1981, r. 98)
FORM 54Warrant for arrest of fine defaulter (P.C.C. Act 1973, s. 31; M.C. Act 1980, ss. 82, 83; M.C. Rules 1981, rr. 95, 96)
FORM 55Warrant of commitment to detention centre: non-payment of fine (C.J. Act 1961, s.5)
FORM 56Endorsement on warrant of commitment in default: defaulter in detention centre (CJ. Act 1961, s. 5(6))
FORM 57Warrant for detention in police cells etc. (M.C. Act 1980, s. 134; M.C. Rules 1981, rr. 94, 95, 97)
FORM 58Warrant for detention in police station (M.C. Act 1980, s. 136; M.C. Rules 1981, rr. 95, 97)
FORM 59Transfer of fine order (P.C.C. Act 1973, ss. 31, 32; M.C. Act 1980, s. 89; M.C. Rules 1981, r. 57)
FORM 60Transfer of fine order to Scotland or Northern Ireland (P.C.C. Act 1973, ss. 31, 32; M.C. Act 1980, s. 90; M.C. Rules 1981, r. 57)
FORM 61Notice of transfer of fine order (M.C. Rules 1981, r. 57)
FORM 62Notice of fine supervision order (M.C. Rules 1981, r. 56)
FORM 63Authority for clerk of magistrates' court to enforce payment of fine in High Court or County Court (M.C. Act 1980, s. 87)

PROBATION AND CONDITIONAL DISCHARGE

FORM 64Probation order (P.C.C. Act 1973, s. 2)
FORM 65Order for conditional discharge (P.C.C. Act 1973, s. 7)
FORM 66Summons to probationer on application to amend probation order (P.C.C. Act 1973, Sch. 1)
FORM 67Order amending probation order (P.C.C. Act 1973, Sch. 1)
FORM 68Order discharging probation order (P.C.C. Act 1973, Sch. 1)
FORM 69Order substituting conditional discharge for probation (P.C.C. Act 1973, s. 11)
FORM 70Information for breach of requirement of probation order (P.C.C. Act 1973, s. 6; M.C. Rules 1981, r. 4)
FORM 71Summons for breach of requirement of probation order (P.C.C. Act 1973, s. 6; M.C. Rules 1981, r. 98)
FORM 72Warrant of arrest for breach of requirement of probation order (P.C.C. Act 1973, s. 6; Bail Act 1976, s. 3; M.C. Act 1980, s. 117; M.C. Rules 1981, rr. 95, 96)
FORM 73Warrant of commitment: committal to Crown Court on breach of requirement of probation order (P.C.C. Act 1973, s. 6; Bail Act 1976, ss. 3, 4; M.C. Rules 1981, rr. 94, 95, 97)
FORM 74Certificate that probationer has failed to comply with requirement of probation order (P.C.C. Act 1973, s. 6(5)
FORM 75Order on failure to comply with requirements of probation order (P.C.C. Act 1973, s. 6)
FORM 76Commitment on failure to comply with requirement of probation order (P.C.C. Act 1973, s. 6; M.C. Rules 1981, rr. 94, 95, 97)
FORM 77Information on commission of further offence during probation period or period of conditional discharge (P.C.C. Act 1973, s. 8; M.C. Rules 1981, r. 4)
FORM 78Summons on commission of further offence during probation period or period of conditional discharge (P.C.C. Act 1973, s. 8; M.C. Rules 1981, r. 98)
FORM 79Warrant of arrest on commission of further offence during probation period or period of conditional discharge (P.C.C. Act 1973, s. 8; Bail Act 1976, s. 3; M.C. Act 1980, s. 117; M.C. Rules 1981, rr. 94, 95, 97)
FORM 80Warrant of commitment: committal to Crown Court on commission of further offence by probationer or person conditionally discharged (P.C.C. Act 1973, s. 8; Bail Act 1976, s. 3; M.C. Rules 1981, rr. 94, 95, 97)
FORM 81Order in respect of original offence on commission of further offence during probation period or period of conditional discharge (P.C.C. Act 1973, s. 8)
FORM 82Commitment on commission of further offence during probation period or period of conditional discharge (P.C.C. Act 1973, s. 8; M.C. Rules 1981, rr. 94, 95, 97)

SUSPENDED SENTENCES

FORM 83Conviction: suspended sentence (P.C.C. Act 1973, s. 22; M.C. Act 1980, s. 9; M.C. Rules 1981, r. 16)
FORM 84Information on commission of further offence during operational period of suspended sentence (P.C.C. Act 1973, s. 25; M.C. Rules 1981, r. 4)
FORM 85Summons on commission of further offence during operational period of suspended sentence (P.C.C. Act 1973, s. 25; M.C. Rules 1981, r. 98)
FORM 86Warrant of arrest on conviction of further offence committed during operational period of suspended sentence (P.C.C. Act 1973, s. 25; Bail Act 1976, s. 3; M.C. Act 1980, s. 117; M.C. Rules 1981, rr. 94, 95, 97)
FORM 87Warrant of commitment: committal to Crown Court on commission of further offence committed during operational period of suspended sentence (P.C.C. Act 1973, s. 24(2); Bail Act 1976, s. 3; M.C. Rules 1981, rr. 94, 95, 97)
FORM 88Notice to Crown Court of conviction of further offence committed during operational period of suspended sentence (P.C.C. Act 1973, s. 24(2))
FORM 89Order that suspended sentence shall take effect (P.C.C. Act 1973, s. 23)
FORM 90Warrant of commitment putting into effect suspended sentence (C.J. Act 1961, s. 4; P.C.C. Act 1973, s. 23; M.C. Rules 1981, rr. 94, 95, 97)
FORM 91Order varying suspended sentence (P.C.C. Act 1973, s. 23)

COMMUNITY SERVICE ORDERS

FORM 92Community service order (P.C.C. Act 1973, s. 14)
FORM 93Certificate of failure to comply with community service order (P.C.C. Act 1973, s. 16(4))
FORM 94Warrant of commitment: revocation of community service order, sentence of imprisonment (P.C.C. Act 1973, ss. 16(3), 17(2), 19, 20, 21; M.C. Rules 1981, rr. 94, 95, 97)
FORM 95Warrant of commitment: committal to Crown Court to be dealt with in respect of community service order (P.C.C Act 1973, ss. 16(3)(b), 17(2)(b); Bail Act 1976, ss. 3, 4; M.C. Rules 1981, rr. 94, 95, 97)

MISCELLANEOUS

FORM 96Warrant of commitment: committal to Crown Court: summary offence (C.J. Act 1967, s. 56; Bail Act 1976, s. 3; M.C. Rules 1981, rr. 94, 95, 97)

FORM 97Notice of order to give information of date of birth and sex (R.T. Act 1972, s. 104; M.C. Rules 1981, r. 108)

CIVIL PROCEDURE

ORDERS OTHER THAN CIVIL DEBT

FORM 98Complaint (M.C. Act 1980, ss. 51, 52; M.C. Rules 1981, r. 4)
FORM 99Summons on complaint (M.C. Act 1980, ss. 51, 52; M.C. Rules 1981, r. 98)
FORM 100Order of dismissal of complaint (M.C. Act 1980, s. 53)
FORM 101Order on complaint (M.C. Act 1980, s. 53)
FORM 102Summons to rate defaulter (G.R. Act 1967, s. 104; M.C. Rules 1981, r. 98)
FORM 103Warrant for arrest of rate defaulter (G.R. Act 1967, s. 104; M.C. Act 1980, s. 117; M.C. Rules 1981, rr. 95, 96)

CIVIL DEBT

FORM 104Complaint: civil debt (M.C. Act 1980, s. 58; M.C. Rules 1981, r. 4)
FORM 105Summons to defendant: civil debt (M.C. Act 1980, s. 51; M.C. Rules 1981, r. 98)
FORM 106Order: civil debt (M.C. Act 1980, s. 58)
FORM 107Complaint to enforce civil debt order (M.C. Act 1980, s. 96; M.C. Rules 1981, r. 4)
FORM 108Judgment summons (M.C. Act 1980, s. 96; M.C. Rules 1981, rr. 58, 98)
FORM 109Distress warrant: civil debt (M.C. Act 1980, s. 76; M.C. Rules 1981, rr. 53, 54)
FORM 110Commitment: civil debt enforceable by imprisonment (M.C. Act 1980, ss. 76, 88, 96, 132; M.C. Rules 1981, rr. 94, 95, 97)

PERIODICAL PAYMENTS: VARIATION, ETC

FORM 111Complaint to vary etc. order for periodical payments (M.C. Act 1980, s. 60; M.C. Rules 1981, rr. 4, 41)

FORM 112Summons to vary etc. order for periodical payments (M.C. Act 1980, ss. 51, 60; M.C. Rules 1981, rr. 41, 98)

FORM 113Order varying etc. order for periodical payments (M.C. Act 1980, s. 60)

FORM 114Notice to person outside the United Kingdom of complaint for variation etc. of maintenance or custody order (M.O. (R.E.) Act 1972, s. 41(2A); D.P.M.C. Act 1978, s. 24(2); M.C. Rules 1981, r. 106)

RECOGNIZANCES

FORM 115Order of recognizance to keep the peace etc. (M.C. Act 1980, s. 115)

FORM 116Summons to vary sureties (M.C. Act 1980, s. 118; M.C. Rules 1981, rr. 83, 98)

FORM 117Order varying order for sureties (M.C. Act 1980, s. 118; M.C. Rules 1981, r. 83)

FORM 118Recognizance (civil cases) (M.C. Act 1980, ss. 114, 115; M.C. Rules 1981, rr. 82, 86)

FORM 119Recognizance of surety (criminal cases) (Bail Act 1976, ss. 3, 8; M.C. Act 1980, s. 120)

FORM 120Recognizance: Bail; Appeal to Crown Court (M.C. Act 1980, s. 113)

FORM 121Recognizance to prosecute an appeal before the High Court on case stated and for bail pending the appeal (M.C. Act 1980, s. 114)

FORM 122Notice of recognizance to principal and sureties (civil cases)

FORM 123Notice of recognizance to sureties (criminal cases)

FORM 124Recognizance of witness and surety (Courts Act 1971, s. 13; M.C. Rules 1981, r. 89)

FORM 125Notice of recognizance to witness and sureties (Courts Act 1971, s. 13; M.C. Rules 1981, r. 89)

FORM 126Certificate of amount and conditions of recognizance (civil cases) (M.C. Rules 1981, rr. 86, 87)

FORM 127Certificate of amount and conditions of surety's recognizance and other bail conditions (criminal cases) (Bail Act 1976, ss. 3, 8; M.C. Rules 1981, r. 86)

FORM 128Certificate as to suitability of surety (criminal cases) (Bail Act 1976, s. 8; M.C. Rules 1981, rr. 86, 87)

FORM 129Notice of recognizance having been entered into (civil or criminal cases) (M.C. Rules 1981, r. 87)

FORM 130Notice of compliance with pre-release bail conditions (criminal cases) (Bail Act 1976, s. 3; M.C. Rules 1981, r. 87)

FORM 131Notice of enlargement of recognizance (civil cases) (M.C. Act 1980, s. 129; M.C. Rules 1981, r. 84)

FORM 132Notice of enlargement of surety's recognizance (criminal cases) (M.C. Act 1980, ss. 43, 129; M.C. Rules 1981, r. 84)

FORM 133Notice of forfeiture of recognizance (M.C. Act 1980, s. 120; M.C. Rules 1981, r. 46)

FORM 134Distress warrant: forfeited recognizance (M.C. Act 1980, ss. 76, 120; M.C. Rules 1981, rr. 46, 95)

FORM 135Commitment: forfeited recognizance (M.C. Act 1980, s. 120; M.C. Rules 1981, rr. 46, 94, 95, 97)

GENERAL

FORM 136Summons to witness (M.C. Act 1980, s. 97; M.C. Rules 1981, r. 98)

FORM 137Warrant for arrest of witness on failure to appear to summons (M.C. Act 1980, ss. 97, 117; M.C. Rules 1981, rr. 95, 96)

FORM 138Warrant for arrest of witness in first instance (M.C. Act 1980, ss. 97, 117; M.C. Rules 1981, rr. 95, 96)

FORM 139Commitment of witness (M.C. Act 1980, ss. 97, 134; M.C. Rules 1981, rr. 94, 95, 97)

FORM 140Warrant of commitment of witness after failure to attend trial or after Crown Court warrant (Courts Act 1971, s. 13(7); M.C. Rules 1981, 94, 95, 97)

FORM 141Order to bring up prisoner before expiration of period of remand or in connection with recognizance (M.C. Act 1980, ss. 115, 118, 128)

FORM 142Declaration of service (M.C. Rules 1981, r. 67)

FORM 143Declaration as to handwriting and seal (M.C. Rules 1981, r. 67)

FORM 144Certificate of service (M.C. Rules 1981, r. 67)

FORM 145Certificate of service by post (M.C. Rules 1981, rr, 67, 99(6))

FORM 146Certificate of clerk of magistrates' court of non-payment of sums adjudged (M.C. Act 1980, s. 99)

FORM 147Declaration as to non-payment of sums adjudged (M.C. Act 1981, s. 99)

FORM 148Register (M.C. Rules 1981, r. 66)

FORM 149Record of decision to grant unconditional bail (criminal cases) (Bail Act 1976, s. 5; M.C. Rules 1981, rr. 66, 90)

FORM 150Record of decision to grant conditional bail (criminal cases) (Bail Act 1976, s. 5; M.C. Rules 1981, rr. 66, 90)

FORM 151Record of decision to withhold bail (criminal cases) (Bail Act 1976, s. 5; M.C. Rules 1981, rr. 66, 90)

FORM 152Record of decision to vary conditions of bail or impose conditions on bail granted unconditionally (criminal cases) (Bail Act 1976, s. 5; M.C. Rules 1981, rr. 66, 90)

FORM 153Record of decision to appoint a different time or place for a person granted bail to surrender to custody (criminal cases) (Bail Act 1976, s. 5; M.C. Act 1980, s. 43; M.C. Rules 1981, r. 66)

FORM 154Extract from register proving proceeding of a magistrates' court (M.C. Rules 1981, r. 68)

FORM 155Case stated (M.C. Act 1980, s. 111; M.C. Rules 1981, rr. 78, 81)

EXPLANATORY NOTE

These Rules consolidate, with amendments, the Rules specified in Schedule 1 to these Rules and prescribe the forms to be used in connection with proceedings in magistrates' courts. These forms are set out in Schedule 2 to these Rules.

Some obsolete forms which were prescribed in the Magistrates' Courts (Forms) Rules 1968 (“the 1968 Rules”) have been omitted from Schedule 2.

These forms are—

Number of Form in Schedule to the 1968 Rules Subject matter of form
26.Warrant to arrest person indicted.
28.Warrant of commitment of person indicted who is already in custody.
97.Order of removal from approved school to borstal.
98.Interim order on application for removal from approved school to borstal.
101.Domestic proceedings: report by probation officer of attempted conciliation.
124.Certificate of ability of surety to pay.
137.Warrant for temporary removal from approved school.
138.Warrant for further removal after temporary removal from approved school.

Three other forms which were prescribed in the 1968 Rules have also been omitted in these Rules, namely, forms numbered 64 (Further transfer of fine order), 127 (Complaint for forfeiture of recognizance to keep the peace) and 128 (Summons for forfeiture of recognizance). Instead, certain forms prescribed in Schedule 2 to these Rules, namely, forms numbered 59 (Transfer of fine order), 60 (Transfer of fine order to Scotland or Northern Ireland), 98 (Complaint) and 2 (Summons), respectively, may be used with appropriate amendments.

Four forms, which were prescribed in the Schedule to the 1968 Rules, have been omitted from Schedule 2 to these Rules, namely forms numbered 115A (Notice of courts' powers under sections 16 and 18(1) of the Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)), 115B (Family protection order), 115C (Power of arrest attached to order made under section 16 of the Domestic Proceedings and Magistrates' Courts Act 1978) and 115D (Endorsement of expedited order). These forms are now set out in the Schedule to the Magistrates' Courts (Matrimonial Proceedings) Rules 1980 (S.I. 1980/1582).

Four new forms have been added in Schedule 2 to these Rules, namely, forms numbered 88 (Notice to Crown Court of conviction of further offence committed during operational period of suspended sentence), 114 (Notice to person outside the United Kingdom of complaint for variation etc. of maintenance or custody order), 120 (Recognizance: Bail: Appeal to Crown Court) and 121 (Recognizance to prosecute an appeal before the High Court on case stated and for bail pending the appeal).

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