The Magistrates’ Courts (Notice of Transfer) (Children’s Evidence) (Amendment) Rules 1997

Statutory Instruments

1997 No. 709 (L.14)

MAGISTRATES’ COURTS

PROCEDURE

The Magistrates’ Courts (Notice of Transfer) (Children’s Evidence) (Amendment) Rules 1997

Made

10th March 1997

Laid before Parliament

11th March 1997

Coming into force

1st April 1997

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates’ Courts Act 1980(1), and after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:

Citation and commencement

1.—(1) These Rules may be cited as the Magistrates’ Courts (Notice of Transfer) (Children’s Evidence) (Amendment) Rules 1997 and shall, subject to paragraph (2) below, come into force on 1st April 1997.

(2) These Rules shall have effect in the same way as section 65 of, and Schedules 1 and 2 to, the Criminal Procedure and Investigations Act 1996(2) have effect.

2.  The Magistrates’ Courts (Notice of Transfer) (Children’s Evidence) Rules 1992(3) shall be amended as follows—

(a) (i) in the Arrangement of Rules the entry in respect of rule 5 shall be omitted; and

(ii) rule 5 shall be omitted;

(b) in rule 6(a) the words “in respect of” to the end shall be omitted; and

(c) in Schedule 2 form 4 shall be omitted.

Mackay of Clashfern, C.

Dated 10th March 1997

Explanatory Note

(This note is not part of the Order)

These Rules amend the Magistrates’ Courts (Notice of Transfer) (Children’s Evidence) Rules 1992 (“the 1992 Rules”) to take account of changes made in the procedures at committal proceedings by the Criminal Procedure and Investigations Act 1996 and the abolition of witness orders by that Act. They remove references in the 1992 Rules to witnesses’ appearance at such proceedings and to the court’s making witness orders.

(1)

1980 c. 43; as extended by section 145 of that Act (the 1980 Act is amended by section 47 of, and Schedule 1 to, the Criminal Procedure and Investigations Act 1996, and by section 65(3) of, and Schedule 5 to, the 1996 Act.

(2)

1996 (c. 25).

(3)

S.I. 1992/2070.