The Crown Court (Forms Amendment) Rules 1999

Statutory Instruments

1999 No. 3040 (L.26)

SUPREME COURT OF ENGLAND AND WALES

The Crown Court (Forms Amendment) Rules 1999

Made

9th November 1999

Laid before Parliament

10th November 1999

Coming into force

1st December 1999

We the Crown Court Rule Committee, in exercise of the powers conferred on us by sections 84(1) and 86 of the Supreme Court Act 1981(1), hereby make the following Rules:

1.  These Rules may be cited as the Crown Court (Forms Amendment) Rules 1999 and shall come into force on 1st December 1999.

2.—(1) The Crown Court Rules 1982(2) shall be amended in accordance with the following provisions of this rule.

(2) After rule 36(3) there shall be inserted:

“Curfew order with electronic monitoring

37.— (1) This rule applies where a Crown Court makes a curfew order subject to electronic monitoring in respect of a person under sections 12 and 13 of the Criminal Justice Act 1991(4).

(2) The appropriate officer of the Crown Court shall serve notice of the order on the person in respect of whom it is made by way of the form prescribed in Schedule 11 to these Rules or a form to the like effect.

(3) The appropriate officer of the Crown Court shall serve notice of the order on the officer responsible for electronically monitoring compliance with it by way of the form prescribed in Schedule 12 to these Rules or a form to the like effect.

(4) Where any community order additional to the curfew order has been made in respect of the offender, the appropriate officer of the Crown Court shall serve a copy of the notice required by paragraph (3) above on the probation service responsible for the offender.”.

(3) After Schedule 10(5), there shall be inserted the Schedules set out in the Schedule to these Rules.

Irvine of Lairg, C.

Philip Otton, L.J

J.W.Kay, J.

Geoffrey Grigson

Nicholas P Valios

Dated 9th November 1999

Rule 2(3).

SCHEDULE

Rule 37(2)

“SCHEDULE 11

Notice to person subject to curfew order with electronic monitoring requirement under sections 12 and 13 of the Criminal Justice Act 1991

Rule 37(3)

SCHEDULE 12

Notice to officer responsible for electronic monitoring of curfew order made under sections 12 and 13 of the Criminal Justice Act 1991

”

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe new forms for use in cases where persons are sentenced by way of sections 12 and 13 of the Criminal Justice Act 1991 to a curfew order with an electronic monitoring requirement. The forms are to be served on the person subject to the order and those responsible for electronically monitoring compliance with it respectively.

(1)

1981 c. 54.

(2)

S.I. 1982/1109.

(3)

Rule 36 was added by S.I. 1994/3153, rule 3.

(4)

1991 c. 53; section 12 was amended by the Criminal Justice and Public Order Act 1994, section 168(1) and Schedule 9, paragraph 41.

(5)

Schedule 10 was inserted by S.I. 1994/1480, Schedule.