1988 No. 2132 (L.27)

MAGISTRATES' COURTSPROCEDURE

The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988

Made

Laid before Parliament

Coming into force

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 19801, as extended by section 145 of that Act, after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:–

1

These Rules may be cited as the Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988 and shall come into force on 5th January 1989.

The Magistrates' Courts Rules 19812

The Magistrates' Courts Rules 19812 shall be amended as follows:–

a

After rule 52 there shall be inserted the following rule:

52AReview of terms of postponement of warrant of commitment

An application under section 77(5) of the Magistrates' Courts Act 19803 may be made in writing or in person and where under that subsection a justice of the peace refers such an application to the court, notice of the time and place fixed under section 77(6) for the hearing of the application may be deemed to have been given if it is sent by registered post or the recorded delivery service addressed to the applicant at his last known address, notwithstanding that the notice is returned as undelivered or is for any other reason not received by the applicant.

b

Paragraph (5) of rule 55 shall cease to have effect;

c

At the end of paragraph (2) of rule 65 there shall be inserted the following:

o

reference by a justice of the peace of an application under section 77(5) of the Act of 1980 for a review of the terms on which a warrant of commitment is postponed;

p

order under section 77(3) of the Act of 1980 varying the time for which or the conditions subject to which a warrant of commitment is postponed.

d

After paragraph (10) of rule 66 there shall be inserted the following paragraph:

10A

Where a court is required under section 35(1) of the Powers of Criminal Courts Act 19734 to give reasons for not making a compensation order the court shall cause the reasons given to be entered in the register.

e

In rule 90, after the words “subsection (6A) of that section)” there shall be inserted the words “and any record of reasons required by paragraph 9A of Schedule 1 to that Act”;

f

For rule 94 there shall be substituted: “A justice of the peace shall not commit any person to a prison, young offender institution or a remand centre, or to detention at a police station under section 128(7) of the Act of 1980, or to customs detention under section 152 of the Criminal Justice Act 19885 except by warrant of commitment.”;

g

In paragraph (1) of rule 97, after the words “A warrant of commitment” there shall be inserted the words “, other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988,”;

h

After paragraph (1) of rule 97, there shall be inserted the following paragraph:

1A

A warrant issued by a justice of the peace committing a person to customs detention under section 152 of the Criminal Justice Act 1988–

a

shall name or otherwise describe the person committed;

b

shall contain a statement of the offence with which the person committed is charged;

c

shall be directed to the officers of Her Majesty’s Customs and Excise and shall require those officers to keep the person committed in their custody, unless in the meantime he be otherwise delivered in due course of law, for a period (not exceeding 192 hours) specified in the warrant.

i

In paragraph (2) of rule 97, after the words “A warrant of commitment” there shall be inserted the words “, other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988,”.

The Magistrates' Courts (Forms) Rules 19813

Schedule 2 to the Magistrates' Courts (Forms) Rules 19816 shall be amended as follows:–

a

after the form numbered 5 there shall be inserted the form numbered 5A in Schedule 1 to these Rules;

b

the forms numbered 44 and 94A shall be omitted;

c

for the forms numbered 44A and 94B there shall be substituted the forms numbered 44 and 94A in Schedule 1 to these Rules;

d

in the forms numbered 51 and 52 for the words “[detention centre] [youth custody centre]” there shall be substituted the words “[young offender institution]” and the words “[youth custody]” shall be omitted;

e

after the form numbered 53 there shall be inserted the forms numbered 53A and 53B in Schedule 1 to these Rules;

f

in the forms numbered 89 and 90 the words “[and it is directed that the accused serve that sentence in the detention centre at ]” shall be omitted;

g

in the form numbered 90 the words “[that detention centre]” and the word “[Warden]”, in both places where it occurs, shall be omitted;

h

after the form numbered 150 there shall be inserted the form numbered 150A in Schedule 1 to these Rules.

The Magistrates' Courts (Children and Young Persons) Rules 19884

Schedule 2 to the Magistrates' Courts (Children and Young Persons) Rules 19887 shall be amended as follows:–

a

in the form numbered 34 after the words “(state briefly particulars of the offence)” there shall be inserted the words “[or found to have failed to comply with a requirement of a supervision order/community service order, namely (state briefly particulars of breach)]”;

b

for the forms numbered 39, 42, 62, 68 and 72 there shall be substituted the forms numbered in like manner in Schedule 2 to these Rules;

c

the form numbered 41 shall be omitted;

d

in the form numbered 45 after the words “[section 7(7) of the Children and Young Persons Act 1969]” there shall be inserted the words “[section 15(1) of the Children and Young Persons Act 1969, the supervision order for which the care order was substituted having been made under section 7(7) of that Act and the offence in respect of which the supervision order was made being punishable with imprisonment in the case of a person over 21]”;

e

in the form numbered 63, after the number “12” in both places where it appears there shall be inserted the following– “or 12B”;

f

in the form numbered 64 after the number “12” in both places where it appears there shall be inserted the following– “, 12A, 12B or 12C”;

g

in the form numbered 65 after the number “12” there shall be inserted the following– “, 12A, 12B, 12C”;

h

in the form numbered 67 after the number “12” there shall be inserted the following– “, 12A, 12B, 12C,” and after the words “supervised person” in the last place where they occur there shall be inserted the words “[C.D., being the parent/guardian of the supervised person]”;

i

after the form numbered 67 there shall be inserted the form numbered 67A in Schedule 2 to these Rules.

The Magistrates' Courts (Attendance Centre) Rules 19585

In the Schedule to the Magistrates' Courts (Attendance Centre) Rules 19588, for the form numbered 5 there shall be substituted the form numbered in like manner in Schedule 3 to these Rules.

Mackay of Clashfern, C.

SCHEDULE 1MAGISTRATES' COURTS (FORMS) RULES 1981

Rule 3

FORM 5AWarrant: Commitment on remand to Customs Detention

(Bail Act 1976, s. 4; M.C. Act 1980, ss. 5, 10, 18; C.J. Act 1988, s. 152)

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FORM 44Warrant of commitment: sentence of detention in young offender institution

(C.J. Act 1982, ss. 1, 1A, 2; M.C. Rules 1981, rr. 94, 95, 97)

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FORM 53ANotice of Hearing: Review of Postponed Committal Order

(P.C.C. Act 1973, ss. 31, 32; M.C. Act 1980 s. 77(6))

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FORM 53BNotice of Hearing to Consider Issue of Warrant of Commitment

(P.C.C. Act 1973, ss. 31, 32; M.C. Act 1980 ss. 82, 83)

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FORM 94AWarrant of commitment: revocation of community service order, sentence of detention in young offender institution

(P.C.C. Act 1973, ss. 16(3), 17(2), 20, 21; C.J. Act 1982, ss. 1, 1A, 2; M.C. Rules 1981, rr. 94, 95, 97)

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FORM 150ARecord of decision to grant bail (Serious Criminal Cases)

(Bail Act 1976, s. 5, Schedule 1; M.C. Rules 1981, rr. 66, 90)

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SCHEDULE 2THE MAGISTRATES' COURTS (CHILDREN AND YOUNG PERSONS) RULES 1988.

Rule 4

39

Order varying attendance centre order

(C.J. Act 1982, s. 18)

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42

Sentence of detention in young offender institution: offence

(C.J. Act 1982, ss. 1, 1A, 2)

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62

Supervision order: criminal proceedings

(C. & Y. P. Act 1969, ss. 7(7), 11, 12–12D, 13, 17, 18)

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67A

Community service order on failure to comply with requirement of supervision order

(C. & Y. P. Act 1969, ss. 15 (2A), (4) and (4A), 16; P.C.C. Act 1973, s. 14)

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68

Custodial sentence on failure to comply with requirement of supervision order

(C. & Y. P. Act 1969, ss. 12D, 15(2), (4), (4A), (4C), 16)

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72

Warrant of commitment: revocation of community service order, custodial sentence

(P.C.C. Act 1973, ss. 16(3), 17(2), C.J. Act 1982, ss. 1, 1A, 2, 6; M.C. Rules 1981, rr. 94, 95, 97)

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SCHEDULE 3THE MAGISTRATES' COURTS (ATTENDANCE CENTRE) RULES 1958

Rule 5

5

Order varying attendance centre order

(C.J. Act 1982, s. 18)

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(This note is not part of the Rules)

These Rules amend the Magistrates' Courts Rules 1981, the Magistrates' Courts (Forms) Rules 1981, the Magistrates' Courts (Children and Young Persons) Rules 1988 and the Magistrates' Courts (Attendance Centre) Rules 1958, pursuant to certain provisions of the Criminal Justice Act 1988 (the 1988 Act).

Rule 2 makes provision in the Magistrates' Courts Rules 1981 for the service of notices and recording of decisions in relation to the provisions about fine default in section 61 of the 1988 Act and reasons for not making a compensation order as required under section 104 of the Act. It also makes provision for the issue of warrants of commitment to customs detention pursuant to section 152 of the 1988 Act, and rule 3(a) and Schedule 1 provide a new form for such warrants.

Rule 3(b), (c) and (d) and the associated forms in Schedule 1, make provision in the Magistrates' Courts (Forms) Rules 1981 to reflect in the relevant forms for warrants of commitment the introduction in section 123 of the 1988 Act of the sentence of detention in a young offender institution to replace youth custody sentences and detention centre orders.

Rule 3(e) and the associated forms in Schedule 1 provide new forms for notices to fine defaulters pursuant to section 61 of the Criminal Justice Act 1988, which provides that a fine defaulter may apply to a magistrates' court which has postponed the issue of a warrant of commitment in default of payment for the terms of postponement to be varied, and that a magistrates' court may not issue a warrant of commitment for fine default in the absence of the defaulter without first serving notice on him.

Rule 3(f) and the associated form in Schedule 1 provides a new form in the Magistrates' Courts (Forms) Rules 1981 for recording the reasons for granting bail in proceedings for the serious offences set out in section 153 of the Criminal Justice Act 1988.

Rule 4 and the associated forms in Schedule 2 amend the Magistrates' Courts (Children and Young Persons) Rules 1988 to reflect the new sentence of detention in a young offender institution and miscellaneous amendments affecting the powers of magistrates' courts to attach a charge and control condition to care orders, to impose a fine and to deal with a breach of a supervision order or community service order by a young offender made by section 127 of and Schedules 10 and 15 to the Criminal Justice Act 1988.

Rule 5 and the associated form in Schedule 3 substitutes a new form for form 5 of the Magistrates' Courts (Attendance Centre) Rules 1958 to reflect the substitution by Schedule 10 to the Criminal Justice Act 1988 of references to the person in respect of whom an attendance centre order has been made for references to an offender in section 18 of the Criminal Justice Act 1982.

Sections 123, 127 and 128 of, and Schedules 8 and 10 to, the Criminal Justice Act 1988 came into force on 1st October 1988 (S.I.1988/1408). Sections 61, 152 and 153 come into force on 5th January 1989 (S.I.1988/2073).