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The Magistrates' Courts Rules 1981

Type Statutory-Instrument

Publication 1981-03-20

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 20th March 1981

Laid before Parliament: 8th April 1981

Coming into Operation: 6th July 1981

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 1980[^f00001], 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:—

GENERAL

Citation, operation and revocations

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(1) These Rules may be cited as the Magistrates' Courts Rules 1981 and shall come into operation on 6th July 1981.

(2) The Rules mentioned in the Schedule to these Rules are hereby revoked; but where proceedings were commenced before 6th July 1981 and the old enactments within the meaning of paragraphs 1 and 2(2) of Schedule 8 to the Magistrates' Courts Act 1980 continue to apply by virtue of paragraph 2(1) of the said Schedule 8, the provisions of the Rules so mentioned continue to apply and nothing in these Rules affects those provisions.

Interpretation

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(1) In these Rules—

“the Act of 1980” means the Magistrates' Courts Act 1980;

“the Act of 2000” means the Powers of Criminal Courts (Sentencing) Act 2000;

“the Act of 1998” means the Crime and Disorder Act 1998;

“justices' legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;

“business day” means any day other than— a Saturday, Sunday, Christmas Day or Good Friday; ora bank holiday under the Banking and Financial Dealings Act 1971, in England and Wales;

“child” means a person who has not attained the age of 18;

“court computer system” means a computer or computer system which is used to assist to discharge and record the business of the court.

“domestic abuse protection notice” has the same meaning as in section 22 of the Domestic Abuse Act 2021 (power to give a domestic abuse protection notice);

“domestic abuse protection order” has the same meaning as in section 27 of the Domestic Abuse Act 2021 (meaning of “domestic abuse protection order”);

“electronic signature” is as much of anything in electronic form asis incorporated into or otherwise logically associated with any electronic communication or electronic data; andpurports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.

“judgment summons” has the meaning assigned to it by rule 58.

“live link” means an arrangement by which—a person (P) taking part in proceedings can hear, or can see and hear, every other person taking part in those proceedings who is not in the same location as P; andall those other people can hear, or can see and hear, P;

“the Schedule 12 procedure” means the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods and selling them to recover a sum of money).

(2) In these Rules “representation order” has the meaning assigned to it by section 14 of the Access to Justice Act 1999.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In these Rules a reference to “the authorised persons for the area in which they are employed” is a reference to the persons employed by an authority which performs its functions within that area who are authorised to execute warrants within that area in pursuance of rule 3 of the Magistrates' Courts (Civilian Fine Enforcement Officers)(No. 2) Rules 1990.

(5) Any requirement in these Rules that a document shall be in the prescribed form shall be construed as a requirement that the document shall be in the form prescribed in that behalf by rules made under section 144 of the Act of 1980, or a form to like effect.

(6) In these Rules any reference to a rule shall be construed as a reference to a rule contained in these Rules; and any reference in a rule to a paragraph shall be construed as a reference to a paragraph of that rule.

(7) Subject to rules 15 and 99, where these Rules require a document to be given or sent, or a notice to be communicated in writing, it may, with the consent of the addressee, be sent by electronic communication.

(8) Electronic communication means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

(a) by means of a telecommunication system (within the meaning of the Telecommunications Act 1984); or

(b) by other means but while in an electronic form.

Saving for the Magistrates' Courts (Children and Young Persons) Rules 1970

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(1) This rule applies in relation to a magistrates’ court, including a youth court, that comprises a lay justice or lay justices.

(2) A justices’ legal adviser―

(a) must provide the court with any legal advice that it needs to carry out its functions, whether the court asks for that advice or not, including advice about―

(i) questions of law,

(ii) questions of mixed law and fact,

(iii) matters of practice and procedure,

(iv) relevant judicial decisions that bind the court,

(v) the process to be followed to reach a decision,

(vi) the process to be followed when determining a matter,

(vii) the range of orders available to the court and the matters to be taken into account, and

(viii) any other matter relevant to the case before the court;

(b) must allow the parties, if present, an opportunity to make representations to the court about that advice;

(i) the substance of any application about to be made, including the test (if any) which must be applied and the burden and standard of proof,

(ii) what the parties say is agreed,

(iii) what the parties say is in dispute, and

(iv) what the parties say about how each expects to present the case, especially where that may affect its duration and timetabling;

(d) must assist the court by making a note of the substance of any oral evidence or representations, to help the court recall that information;

(e) may ask questions of a party or witness on the court’s behalf to clarify representations and evidence and to obtain information sufficient to allow the court to make such decisions as are required;

(f) must assist the court with the formulation and recording of reasons for its orders and, if necessary, other decisions; and

(g) may make announcements on the court’s behalf, other than an announcement of an order or finding of fact.

(3) To provide the legal advice required by paragraph (2)(a) a justices’ legal adviser must―

(a) if necessary, attend the members of the court outside the courtroom; and

(b) in that event, inform the parties, if present, of any such advice given there.

(4) A justices’ legal adviser must assist a party who has no legal representative—

(a) to understand what the court requires and why;

(b) to provide information required by the court to prepare for a hearing or to carry out its other functions; and

(5) In performing the functions for which these Rules provide a justices’ legal adviser―

(a) must avoid the appearance of advocacy for a party;

(b) must adhere to the same principles that apply to courts of independence, impartiality, integrity, propriety, competence, diligence and ensuring fair treatment; and

INFORMATION AND COMPLAINT

Information and complaint

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(1) An information may be laid or complaint made by the prosecutor or complainant in person or by his counsel or solicitor or other person authorised in that behalf.

(2) Subject to any provision of the Act of 1980 and any other enactment, an information or complaint need not be in writing or on oath.

(3) It shall not be necessary in an information or complaint to specify or negative an exception, exemption, proviso, excuse or qualification, whether or not it accompanies the description of the offence or matter of complaint contained in the enactment creating the offence or on which the complaint is founded.

PROCEEDINGS PRELIMINARY TO TRIAL ON INDICTMENT

Restrictions on reports of committal proceedings

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Committal for trial without consideration of evidence

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Taking depositions of witnesses and statement of accused

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Order for attendance of witness at court of trial

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Notice to governor of prison of committal on bail

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Notices on committal of person subject to transfer direction

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Documents and exhibits to be retained and sent to court of trial

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SUMMARY TRIAL OF INFORMATION AND HEARING OF COMPLAINT

Information to be for one offence only

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Order of evidence and speeches: information

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Order of evidence and speeches: complaint

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(1) On the hearing of a complaint, except where the court determines under section 53(3) of the Act of 1980 to make the order with the consent of the defendant without hearing evidence, the complainant shall call his evidence, and before doing so may address the court.

(2) At the conclusion of the evidence for the complainant the defendant may address the court, whether or not he afterwards calls evidence.

(3) At the conclusion of the evidence, if any, for the defence, the complainant may call evidence to rebut that evidence.

(4) At the conclusion of the evidence for the defence and the evidence, if any, in rebuttal, the defendant may address the court if he has not already done so.

(5) Either party may, with the leave of the court, address the court a second time, but where the court grants leave to one party it shall not refuse leave to the other.

(6) Where the defendant obtains leave to address the court for a second time his second address shall be made before the second address, if any, of the complainant.

Adjournment of trial of information

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Form of conviction or order

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(1) A record of summary conviction or order made on complaint required for an appeal or other legal purpose may be in the form of certified extract from the court register.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committals for sentence, etc.

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(1) On an application for a domestic abuse protection order made as a result of a person being given a domestic abuse protection notice—

(a) the court must treat the application as a complaint and the applicant as a complainant;

(b) the person given the notice must be treated as a defendant; and

(2) The application must include a statement of the time and date when the domestic abuse protection notice was given to the defendant.

Committal to Crown Court for order restricting discharge, etc.

18

On an application for a domestic abuse protection order the applicant must—

(a) serve a notice that specifies the requirements (including any prohibitions or restrictions) which the applicant proposes as necessary to protect the person for whose protection the order is made from domestic abuse or the risk of domestic abuse, including different kinds of abusive behaviour; and

(b) serve that notice on the defendant and on the designated officer—

(i) as soon as reasonably practicable, and

(ii) in any event, no later than the beginning of the hearing.

Remittals to another magistrates' court for sentence, etc.

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Unless the court otherwise directs—

(a) a domestic abuse protection order must be served on the defendant; and

(b) service must be effected—

(i) by a constable or by an employee of a police authority, and

(ii) by handing a copy of the order to the defendant in person.

Duty of clerk receiving statutory declaration under s.14(1) of Act of 1980

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(1) This rule applies where the court makes a domestic abuse protection order—

(a) otherwise than as a result of a person being given a domestic abuse protection notice; and

(b) without notice to the defendant.

(2) The court must arrange a hearing at which the defendant may make representations to the court.

(3) Notice of the hearing—

(a) must be given to the applicant for the order; and

(b) must be served on the defendant with the order.

(4) If the defendant makes representations at the hearing—

(a) the court must treat such representations as a complaint;

(b) the court may exercise its powers to vary or discharge the domestic abuse protection order; and

DOMESTIC ABUSE PROTECTION ORDERS

Duty to recall witnesses who have given evidence before examining justices

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(1) This rule applies on an application under section 44 of the Domestic Abuse Act 2021 (variation and discharge of orders) to vary or discharge a domestic abuse protection order.

(2) A person who applies under this rule must—

(a) apply as soon as practicable after becoming aware of the grounds for doing so, explaining—

(i) why the order should be varied or discharged, and

(ii) what, if any, material circumstances have changed since the court made the order or last determined an application to vary or discharge it;

(b) where the application is a second or subsequent application by the applicant in respect of the same order—

(i) give details of each previous application, and

(ii) if the applicant wants the court to decide the application at a hearing, explain why; and

(i) the designated officer, and

(ii) at least one relevant chief officer of police within the meaning of section 44 of the Domestic Abuse Act 2021, unless the person applying under this rule is such a chief officer.

(3) Unless the court otherwise directs—

(a) a relevant chief officer of police who applies under this rule must in addition to serving the application under paragraph (2)(c)(i) serve it on—

(i) the person against whom the domestic abuse protection order was made,

(ii) the person for whose protection the domestic abuse protection order was made, and

(iii) if the person for whose protection the domestic abuse protection order was made is under 18, a parent or guardian of that person who is not the person against whom that order was made; and

(b) a relevant chief officer of police on whom an application under this rule is served must serve the application on each person listed in paragraph (3)(a) who is not the applicant.

(4) An application under this rule must be served as if it were a summons.

(5) The designated officer must give notice of any hearing to—

(a) the applicant; and

(b) each relevant chief officer of police on whom the application is served.

(6) Unless the court otherwise directs, a relevant chief officer of police must serve notice of any hearing on each person on whom that officer serves the application.

Preservation of depositions where offence friable either way is dealt with summarily

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(1) This rule applies where a domestic abuse protection order imposes on the defendant—

(a) a requirement to do something that specifies a person to be responsible for supervising compliance with that requirement, under section 36 of the Domestic Abuse Act 2021 (further provision about requirements that may be imposed by orders); or

(b) an electronic monitoring requirement, under section 37 of that Act (further provision about electronic monitoring requirements).

(2) The designated officer must—

(a) notify the person to be responsible for the supervision or monitoring that the order has been made and provide that person with—

(i) the defendant’s name, address and, if available, telephone number,

(ii) details of the requirement to be supervised or monitored,

(iii) the duration of the order, and

(iv) if applicable, details of the place at which the defendant’s presence must be monitored and the period or periods during which the defendant’s presence at that place must be monitored;

(b) inform the defendant of the responsible person’s identity and the means by which that person may be contacted; and

REMAND

Remand on bail for more than 8 days where sureties have not entered into recognizances

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Section 2(1) of the Civil Evidence Act 1995 (notice of proposal to adduce hearsay evidence) does not apply on an application for a domestic abuse protection order under section 28 of the Domestic Abuse Act 2021 (domestic abuse protection orders on application).

Documents to be sent on remand for medical inquiry

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