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Statutory Instruments

1988 No. 2131 (L.26)

SUPREME COURT OF ENGLAND AND WALES

The Crown Court (Amendment) (No. 4) Rules 1988

Made

2nd December 1988

Laid before Parliament

13th December 198

Coming into force

5th January 1989

We, the Crown Court Rule Committee, in exercise of the powers conferred upon us by sections 84(1) and (2) and 86 of the Supreme Court Act 1981(1) and section 9A(3) of the Juries Act 1974(2), hereby make the following Rules:—

1.  These Rules may be cited as the Crown Court (Amendment) (No. 4) Rules 1988 and shall come into force on 5th January 1989.

2.  In rule 25 of the Crown Court Rules 1982(3) —

(a)for the heading there shall be substituted “Appeal against refusal to excuse from jury service or to defer attendance”;

(b)in paragraph (1), after the words “section 9(2)” there shall be inserted the words “, or to defer his attendance under section 9A(1),”;

(c)at the end of paragraph (4) there shall be inserted the words “or why his attendance should be deferred.”.

Mackay of Clashfern, C.

Lane, C. J.

Stephen Brown, P.

Anthony McCowan, J.

Richard Lowry

D. R. Thompson

M. J. Langton

David Jeffreys

L. Naylor

Dated 2nd December 1988

Explanatory Note

(This note is not part of the Rules)

These Rules amend Rule 25 of the Crown Court Rules 1982, which makes provision for an appeal against a refusal of the appropriate officer of the Crown Court to excuse a person from jury service. The amendment enables a person to appeal against a refusal of the appropriate officer to defer his attendance for jury service under section 9A(1) of the Juries act 1974 as inserted by section 120 of the Criminal Justice Act 1988.

(2)

1974 c. 23; section 9A was inserted by section 120 of the Criminal Justice Act 1988 c. 33.

(3)

S.I. 1982/1109, to which there are amendments not relevant to these Rules.