The Justices' Clerks Rules 1999

Explanatory Note

(This note is not part of the Rules)

These Rules replace the Justices' Clerks Rules 1970.

Rule 2 of these Rules provides that the things specified in the Schedule which are authorised to be done by, to or before a single justice of the peace, may be done by, to or before a justices' clerk.

Rule 3(1) provides that the things specified in paragraphs 1 to 37 of the Schedule may be done instead by, to or before a person appointed by a magistrates' court committee to assist a justices' clerk and specifically authorised by him for the purpose.

Rule 3(2) provides that the powers authorised to be exercised by a justices' clerk at an early administrative hearing under section 50 of the Crime and Disorder Act 1998 may be exercised instead by a person appointed by a magistrates' court committee to assist him and specifically authorised by him for the purpose.

Rule 3(3) provides for the manner of recording such specific authority.

In addition to the powers listed in the Schedule to the 1970 Rules, the Schedule to these Rules includes those powers set out in section 49 of the Crime and Disorder Act 1998 which justices' clerks may be authorised to exercise.