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The Magistrates' Courts (Attendance Centre) Rules 1992

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Statutory Instruments

1992 No. 2069 (L.15)

MAGISTRATES' COURTS

The Magistrates' Courts (Attendance Centre) Rules 1992

Made

27th August 1992

Laid before Parliament

10th September 1992

Coming into force

1st October 1992

The Lord Chancellor, in exercise of the powers conferred on him by section 144 of the Magistrates' Courts Act 1980(1), after consultation with the Rule Committee appointed under that section, hereby makes the following Rules:

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Magistrates' Courts (Attendance Centre) Rules 1992 and shall come into force on 1st October 1992.

(2) In these Rules “relevant order” means an order under section 17 of the Criminal Justice Act 1982(2) ordering a person who has attained the age of 18 to attend at an attendance centre.

Forms

2.  The forms contained in Schedule 1 or forms to the like effect may be used, with such variation as the circumstances may require, in connection with proceedings in magistrates' courts when a court has made a relevant order.

Payment of money by person subject to relevant order

3.—(1) Where a relevant order has been made in default of payment of a sum of money—

(a)the whole of that sum may be paid to the clerk of the court which made the order (“the clerk”), or

(b)the whole or, subject to paragraph (2), a part of that sum may be paid to the officer in charge of the attendance centre specified in the order (“the officer in charge”).

(2) The officer in charge may not accept a part payment that would not secure the reduction by one or more complete hours of the period of attendance specified in the order.

(3) On receiving a payment under paragraph (1) the clerk shall forthwith notify the officer in charge.

(4) The officer in charge shall pay any money received by him under paragraph (1) to the clerk and shall note the receipt of the money in the register maintained at the attendance centre.

Revocations

4.  The Rules specified in Schedule 2 are revoked to the extent specified.

Mackay of Clashfern, C.

27th August 1992

Rule 2

SCHEDULE 1FORMS

1Attendance centre order : offence (C.J.Act 1982, s. 17.)

2Attendance centre order: non-payment of sum of money (M.C.Act 1980, s. 81; C.J.Act 1982, s. 17.)

3Order on failure to comply with attendance centre order or on breach of Attendance Centre Rules (C.J.Act 1982, s. 19.)

4Order varying attendance centre order (C.J.Act 1982, s. 18.)

5Warrant of Commitment: committal to Crown Court on failure to comply with attendance centre order or on breach of Attendance Centre Rules (C.J.Act 1982, s.19; Bail Act 1976 ss.3, 4; M.C. Rules 1981, rr. 94, 95, 97.)

6Certificate of failure to comply with attendance centre order or of breach of Attendance Centre Rules (C.J.Act 1982, s. 19.)

7Order discharging attendance centre order (C.J.Act 1982, s. 18.)

Rule 4

SCHEDULE 2REVOCATIONS

Rules revokedReferencesExtent of revocation
The Magistrates' Courts (Attendance Centre) Rules 1958S.I. 1958/1991The whole Rules
The Magistrates' Courts (Attendance Centre) Rules 1962S.I. 1962/1591The Whole Rules, so far as still having effect
The Magistrates' Courts (Attendance Centre) (Amendment) Rules 1983S.I. 1983/525The whole Rules.
The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988S.I. 1988/2132Rule 5 and Schedule 3.

Explanatory Note

(This note is not part of the Rules)

These Rules consolidate, with further amendments, the Magistrates' Courts (Atten dance Centre) Rules 1958 as amended by the other instruments mentioned in Schedule 2.

The only amendment of substance is the substitution of the age of 18 for the age of 17 in the definition of “relevant order” (rule 2(1)). This change is a consequence of the Criminal Justice Act 1991 (c. 53), section 68 (persons aged 17 to be treated as young persons for certain purposes).

(1)

1980 c. 43; section 144 was extended by section 145 of that Act and by section 18(2)(b) of the Children and Young Persons Act 1969 (c. 54).

(2)

1982 c. 48; section 17 was amended by the Criminal Justice Act 1991 (c. 53), s.67(1).

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