SCHEDULE 41972 ACT: RULES OF PROCEDURE

Hearing10

1

Before the hearing, the justice or justices who will be dealing with the case must read any documents which have been filed under paragraph 7 in respect of the hearing.

2

The justices’ clerk at a directions appointment, or the court at a hearing or directions appointment, may give directions as to the order of speeches and evidence.

3

After the final hearing, the court must make its decision as soon as is practicable.

4

Before the court makes an order or refuses an application, the justices’ clerk must record in writing—

a

the names of the justice or justices constituting the court by which the decision is made; and

b

in consultation with the justice or justices, the reasons for the court’s decision and any findings of fact.

5

As soon as is practicable after the court announces its decision, the justices’ clerk must make a record in writing of any order.

6

Sub-paragraph (7) applies where, under section 7(4) of the Domestic Proceedings and Magistrates’ Courts Act 1978, a court decides to treat an application under section 7 as if it were an application for an order under section 2 of that Act76.

7

The court must indicate orally which of grounds (a) and (b) in that subsection it considers applicable and a memorandum of that decision and the grounds for it must be entered in the register.