The Magistrates’ Courts (Forms) (Amendment) Rules 1997

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Magistrates’ Courts (Forms) Rules 1981 (“the 1981 Forms Rules”) to take account of the changes effected by the Criminal Procedure and Investigations Act 1996 (“the 1996 Act”) in magistrates’ courts’ procedures including, in particular those in respect of committal for trial in the Crown Court (“committal proceedings”). These Rules amend, omit or substitute certain forms used in relation to committal proceedings as a consequence of those changes. Unless otherwise indicated any reference in this note to a rule is a reference to a rule in these Rules, and any reference to a form is a reference to a form in the 1981 Forms Rules.

Rule 3 makes amendments to form 13 (which sets out the form of a witness statement) which are consequential on the 1996 Act (“consequential amendments”) including, in particular, the lowering of the age (from 21 to 18) at which the age of a witness must be indicated on the form.

Rule 4 makes consequential amendments to form 14 (which sets out the notice to be given to the defendant of his right to object to a witness’ statement being read out without oral evidence being given by the witness) to reflect the fact that oral evidence will no longer be admissible in committal proceedings.

Rule 5 inserts a new form which indicates the nature of the notice to be given by the prosecutor to the accused of his right to object to witness statements and depositions being read out at the trial in the Crown Court without oral evidence being given by the witnesses who made the statements and depositions.

Rule 6 makes consequential amendments to form 16 (certificate to be sent to Crown Court on committal for trial) including, in particular, a certificate to the effect that, instead of being notified of the requirements of section 11 of the Criminal Justice Act 1967 as to any alibi offered at trial (section 11 was repealed by the 1996 Act), the accused has been notified of his right to object to a statement or deposition being read out at the trial without oral evidence being given by the witness who made the statement or deposition.

Rule 7 omits forms 22 (witness evidence) and 23 (notice to witness that a witness order is to be treated as a conditional order) since magistrates’ courts will no longer make witness orders on committal for trial.

Rule 8 omits form 24 (notice of provisions of section 11 of the Criminal Justice Act 1967 regarding alibi) since section 11 is repealed by the 1996 Act and alibi notices will no longer be given at committal proceedings.

Rule 9 omits from form 25 (list of exhibits sent to Crown Court on committal) the reference to an exhibit being provided by the prosecution or the defence, since only prosecution evidence will be admitted at committal proceedings.

Rules 10, 11 and 12 make consequential amendments to forms 136 (summons to witness) 137 (warrant for arrest of witness on failure to appear to summons), 138 (warrant for arrest of witness in first instance) and 139 (commitment of witness).