PART 9ALLOCATION AND SENDING FOR TRIAL

GENERAL RULES

Duty of magistrates’ court officer9.5

1

The magistrates’ court officer must—

a

serve notice of a sending for Crown Court trial on—

i

the Crown Court officer, and

ii

the parties;

b

in that notice record—

i

the matters specified by the court under rule 9.3 (Matters to be specified on sending for trial),

ii

any decision by the defendant under rule 9.7 (Sending for Crown Court trial) to require Crown Court trial for low-level shoplifting,

iii

any indication given by the defendant under rule 9.7 of intended guilty plea,

iv

any decision by the defendant under rule 9.11 (Adult defendant: allocation to magistrates’ court for trial) to decline magistrates’ court trial, and

v

the date on which any custody time limit will expire;

c

record any indication of likely sentence to which rule 9.11 applies; and

d

give the court such other assistance as it requires.

2

The magistrates’ court officer must include with the notice served on the Crown Court officer—

a

the initial details of the prosecution case served by the prosecutor under rule 8.2;

b

a record of any—

i

listing or case management direction affecting the Crown Court,

ii

direction about reporting restrictions,

iii

decision about bail, for the purposes of section 5 of the Bail Act 1976242,

iv

recognizance given by a surety, or

v

representation order; and

c

if relevant, any available details of any—

i

interpreter,

ii

intermediary, or

iii

other supporting adult, where the defendant is assisted by such a person.

[Note. See sections 51 and 51D of the Crime and Disorder Act 1998243, and section 20A of the Magistrates’ Courts Act 1980244.]