The Magistrates' Courts Rules 1981

Type Statutory-Instrument
Publication 1981-03-20
Last updated 2024-04-08
State In force
Department King's Printer of Acts of Parliament
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Rules revoked References
The Magistrates' Courts Rules 1968 S.I. 1968/1920.
The Magistrates' Courts (Amendment) Rules 1969 S.I. 1969/1711.
The Magistrates' Courts (Amendment) Rules 1970 S.I. 1970/1004.
The Magistrates' Courts (Amendment) (No. 2) Rules 1970 S.I. 1970/1791.
The Magistrates' Courts (Amendment) Rules 1973 S.I. 1973/790.
The Magistrates' Courts (Amendment) Rules 1975 S.I. 1975/126.
The Magistrates' Courts (Amendment) (No. 2) Rules 1975 S.I. 1975/518.
The Magistrates' Courts (Amendment) Rules 1977 S.I. 1977/1174.
The Magistrates' Courts (Amendment) Rules 1978 S.I. 1978/147.
The Magistrates' Courts (Amendment) (No. 2) Rules 1978 S.I. 1978/758.
The Magistrates' Courts (Amendment) Rules 1979 S.I. 1979/1221.
The Magistrates' Courts (Amendment) Rules 1980 S.I. 1980/510.
The Magistrates' Courts (Amendment) (No. 2) Rules 1980 S.I. 1980/1583.

Signed

Dated 20th March 1981.

Hailsham of St. Marylebone, C.

Explanatory note

(This Note is not part of the Rules.)

EXPLANATORY NOTE

These Rules consolidate, with some minor amendments, the various Rules relating to procedure in magistrates' courts specified in the Schedule to these Rules.

The only amendments of substance are contained in rules 41 and 57. Rule 41(4) is amended so as to require that, where reasons for a decision in domestic proceedings have been recorded under rule 36 of these Rules, the clerk of the court to which a complaint for variation, revocation etc. of an order for periodical payments is made shall, if the justice determines under rule 41(4) that the complaint could be more conveniently dealt with by a court acting for another petty sessions area, send a copy of the record of those reasons, in addition to the complaint and the written particulars referred to in rule 41(3), to the clerk of the court acting for that other petty sessions area. Consequential amendments are made to paragraphs (6), (7) and (8) of rule 41.

Rule 57 (which deals with transfer of fine orders) is amended in consequence of the coming into operation on 1st December 1980 of section 40 of, and paragraphs 1 and 3 of Schedule 7 to, the Criminal Law Act 1977 which, inter alia, made new provision for the transfer of fines between England and Wales and Northern Ireland.

Footnotes

Editorial notes

6

Rule 83 in force at 6.7.1981, see rule 1(1)

8

Rule 46 in force at 6.7.1981, see rule 1(1)

11

Rule 54 in force at 6.7.1981, see rule 1(1)

12

Rule 1 in force at 6.7.1981, see rule 1(1)

14

Rule 14 in force at 6.7.1981, see rule 1(1)

15

Rule 49 in force at 6.7.1981, see rule 1(1)

16

Rule 58 in force at 6.7.1981, see rule 1(1)

18

Rule 64 in force at 6.7.1981, see rule 1(1)

20

Rule 79 in force at 6.7.1981, see rule 1(1)

22

Rule 55 in force at 6.7.1981, see rule 1(1)

23

Rule 2 in force at 6.7.1981, see rule 1(1)

25

Rule 60 in force at 6.7.1981, see rule 1(1)

27

Rule 80 in force at 6.7.1981, see rule 1(1)

28

Rule 16 in force at 6.7.1981, see rule 1(1)

29

Rule 81 in force at 6.7.1981, see rule 1(1)

33

Rule 75 in force at 6.7.1981, see rule 1(1)

34

Rule 66 in force at 6.7.1981, see rule 1(1)

36

Rule 74 in force at 6.7.1981, see rule 1(1)

38

Rule 76 in force at 6.7.1981, see rule 1(1)

39

Rule 77 in force at 6.7.1981, see rule 1(1)

40

Rule 82 in force at 6.7.1981, see rule 1(1)

41

Rule 107 in force at 6.7.1981, see rule 1(1)

43

Rule 48 in force at 6.7.1981, see rule 1(1)

44

Rule 78 in force at 6.7.1981, see rule 1(1)

45

Rule 47 in force at 6.7.1981, see rule 1(1)

46

Rule 4 in force at 6.7.1981, see rule 1(1)

47

Rule 53 in force at 6.7.1981, see rule 1(1)

48

Rule 97 in force at 6.7.1981, see rule 1(1)

49

Rule 68 in force at 6.7.1981, see rule 1(1)

54

Rule 96 in force at 6.7.1981, see rule 1(1)

55

Sch. in force at 6.7.1981, see rule 1(1)

142

Rule 107 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 28.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

143

Rule 54 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.8 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

144

Rule 48 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.2 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

145

Rule 66 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 6.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

146

Rule 74 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 63.3 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

147

Rule 55 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.9 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

148

Rule 97 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 18.6 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

149

Rule 96 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 18.3 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

150

Rule 78 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.3 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

151

Rule 79 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.4 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

152

Rule 49 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.3 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

153

Rule 68 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 6.4 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

154

Rule 14 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 37.7 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

155

Rule 16 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 6.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

156

Rule 46 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

157

Rule 53 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.7 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

158

Rule 64 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.12 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

159

Rule 75 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 63.6 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

160

Rule 76 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

161

Rule 77 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.2 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

162

Rule 80 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.5 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

163

Rule 81 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.6 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

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