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The Magistrates' Courts (Amendment) Rules 1997

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Amendment of Magistrates' Courts Rules 1981

5.  (1)  In rule 6 (committal for trial without consideration of evidence)—

(a)in paragraph (1) the words “(whether present in court or not)” shall be omitted, and for the words “for the prosecution” to the end there shall be substituted “falls within section 5A(2) of the Act of 1980”;

(b)in paragraph (2) the words from “(a) object” to “; or (c)” shall be omitted and for the words “the prosecution statements disclose” there shall be substituted the words “there is,”; and

(c)in paragraph (3) for the words “take any of the steps mentioned in sub-paragraphs (a), (b) and (c) of” to the end there shall be substituted “make such a submission as is referred to in paragraph (2) it shall, after receiving any written evidence falling within section 5A(3) of the Act of 1980, determine whether or not to commit the accused for trial without consideration of the evidence, and where it determines not to so commit the accused it shall proceed in accordance with rule 7”; and

(d)paragraphs (4) and (5) shall be omitted.

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