The Magistrates' Courts Rules 1981

Application for sums under affiliation order to be paid to person having custody of child

35A

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Cessation of Transfer Direction

110

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Registration of endorsement of licence under section 34 of the Transport Act 1982

66A

• (1) Where rules 66B, 66C, 66D and 66E apply, the designated officer and the court must have regard to the importance of—

• (a) dealing with cases in public;

• (b) allowing a public hearing to be reported to the public; and

• (c) the rights of a person affected by a direction or order made, or warrant issued, by the court to understand why that decision was made.

• (2) In rules 66D and 66E this requirement is called ‘the open justice principle’.

Registration of certificate issued under section 36 of the Transport Act 1982

66B

• (1) This rule applies where anyone, including a member of the public or a reporter, requests information about a case.

• (2) A person requesting information must—

• (a) ask the designated officer;

• (b) specify the information requested; and

• (c) pay any fee prescribed.

• (3) The request—

• (a) may be made orally or in writing, and need not explain why the information is requested, if this rule requires the designated officer to supply that information; but

• (b) must be in writing, unless the court otherwise permits, and must explain why the information is requested, if this rule does not so require.

• (4) Subject to paragraph (5), the designated officer must supply to the person making the request—

• (a) the date of a hearing in public;

• (b) in general terms, the subject of the proceedings;

• (c) the court’s decision at a hearing in public;

• (d) whether the case is under appeal;

• (e) the identity of—

• (i) the parties,

• (ii) the parties’ representatives, including their addresses, and

• (iii) the judge, magistrate or magistrates, or justices’ legal adviser by whom a decision at a hearing in public was made;

• (f) such other information about the case as is required by arrangements to which paragraph (6)(c) refers; and

• (g) details of any reporting or access restriction ordered by the court.

• (5) The designated officer must not supply the information requested if—

• (a) the supply of that information is prohibited by a reporting restriction;

• (b) that information is the date of a hearing in public of which a party has yet to be notified;

• (c) that information concerns proceedings determined by the court without notice to—

• (i) a party to those proceedings, or

• (ii) a person affected by those proceedings; or

• (d) that information is not readily available to the designated officer (for example, because of the location or conditions of its storage).

• (6) Where the designated officer must supply the information requested the supply may be—

• (a) by word of mouth;

• (b) in writing, including by written certificate or extract from a court record; or

• (c) by such other arrangements as the Lord Chancellor directs, including supply by electronic means.

• (7) Where this rule does not require the designated officer to supply the information requested then unless that information can be supplied under rule 66C—

• (a) the designated officer must refer the request to the court; and

• (b) rule 66D applies.

Notice of registration to defaulter under section 36(8) of the Transport Act 1982

111

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Statutory declaration under section 37 of the Transport Act 1982

112

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Review of terms of postponement of warrant of commitment

52A

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Notice to defendant before enforcing order

Execution of distress warrant

Payment after imprisonment imposed

Order for supervision

Transfer of fine order

Civil debt: judgment summons

Enforcement of affiliation orders, etc.

Enforcement where periodical payments made under more than one order

Notice of adjudication on complaint for enforcement of magistrates' court maintenance order, etc.

Particulars relating to payment of lump sum under magistrates' court maintenance order, etc. to be entered in register

Notice of date of reception in custody and discharge

Direction that money found on defaulter shall not be applied in satisfaction of debt

Particulars of fine enforcement to be entered in register

Statements, etc. relevant to making confiscation orders under the Criminal Justice Act 1988

104A

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Application for alteration of maintenance agreement under s. 35 of Matrimonial Causes Act 1973 or under s. 15 of the Family Law Reform Act 1987

Proceedings against person outside the United Kingdom on application for variation, etc. of certain maintenance and custody orders

Application for summons to witness or warrant for his arrest

Notice of order under s.104 of Road Traffic Act 1972

Signature of forms prescribed by rules made under the Act of 1980

Cessation of Transfer Direction

Notice of registration to defaulter under section 36(8) of the Transport Act 1982

Statutory declaration under section 37 of the Transport Act 1982

Composition of committee of magistrates for inner London area

113

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Saving for the Family Proceedings Courts (Children Act 1989) Rules 1991 , the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991 and the Family Procedure Rules 2010

Procedure on information where accused is not legally represented

13A

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Order of evidence and speeches: complaint

Adjournment of trial of information

Form of conviction or order

Committals for sentence, etc.

Committal to Crown Court for order restricting discharge, etc.

Remittals to another magistrates' court for sentence, etc.

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

Notes of argument in bail hearings

90A

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Notice of change of time for appearance

Notification of bail decision after arrest while on bail

Variation of arrangements for bail on committal to Crown Court

Warrant issued out of hours

95A

Where a warrant is issued by a justice of the peace for any local justice area at a time when the office of the designated officer for that area is closed, the applicant for the warrant shall within 72 hours serve upon the designated officer any information on which the warrant was issued.

Warrant of arrest

Warrant of commitment

Applications under section 34B(6) or (7) of the Road Traffic Offenders Act 1988

101A

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Application for revocation of order under s.14 of Food and Drugs Act 1955

Application for substitution of conditional discharge for probation

Application for review of compensation order

Statements etc, relevant to making confiscation orders under the Criminal Justice Act 1988

Application for alteration of maintenance agreement under s. 35 of Matrimonial Causes Act 1973 ...

Proceedings against person outside the United Kingdom on application for variation, etc. of certain maintenance ... orders

Application for summons to witness or warrant for his arrest

Notice of order under s.104 of Road Traffic Act 1972

Signature of forms prescribed by rules made under the Act of 1980

Cessation of Transfer Direction

Notice of registration to defaulter under section 36(8) of the Transport Act 1982

Statutory declaration under section 37 of the Transport Act 1982

Composition of committee of magistrates for inner London area

Procedure where prosecution appeals against a decision to grant bail

93A

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Postponed determinations under the Criminal Justice Act 1988

104B

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Application for alteration of maintenance agreement under s. 35 of Matrimonial Causes Act 1973 ...

Proceedings against person outside the United Kingdom on application for variation, etc. of certain maintenance ... orders

Application for summons to witness or warrant for his arrest

Notice of order under s.104 of Road Traffic Act 1972

Signature of forms prescribed by rules made under the Act of 1980

Cessation of Transfer Direction

Notice of registration to defaulter under section 36(8) of the Transport Act 1982

Statutory declaration under section 37 of the Transport Act 1982

Composition of committee of magistrates for inner London area

Procedure on application for bail following grant of conditional police bail

84A

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Directions as to security, etc.

Requirements to be complied with before release

Notice to governor of prison, etc. where release from custody is ordered

Release when recognizances have been taken or requirements complied with

Procedure under s. 13 of the Courts Act 1971

Bail records to be entered in register

Notes of argument in bail hearings

Notice of change of time for appearance

Notification of bail decision after arrest while on bail

Variation of arrangements for bail on committal to Crown Court

Procedure where prosecution appeals against a decision to grant bail

Procedure on reconsideration of a decision to grant bail

93B

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Confiscation orders— revised assessments

104C

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Application for alteration of maintenance agreement under s. 35 of Matrimonial Causes Act 1973 or under paragraph 69 of Schedule 5 to the Civil Partnership Act 2004 ...

Proceedings against person outside the United Kingdom on application for variation, etc. of certain maintenance ... orders

Application for summons to witness or warrant for his arrest

Notice of order under s.104 of Road Traffic Act 1972

Signature of forms prescribed by rules made under the Act of 1980

Cessation of Transfer Direction

Notice of registration to defaulter under section 36(8) of the Transport Act 1982

Statutory declaration under section 37 of the Transport Act 1982

Composition of committee of magistrates for inner London area

Deposition etc. of reluctant witness

4A

• (1) Unless the court otherwise directs, the designated officer may—

• (a) keep a document served in connection with an information, complaint or application; or

• (b) arrange for the whole or any part to be kept by the informant, complainant, applicant or some other appropriate person, subject to any conditions that the court may impose.

• (2) A person who under such arrangements keeps such a document must provide it for the court if and when the designated officer so requires.

Prosecutor’s notice to other party: right to object to written evidence being read at trial without further evidence

4B

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Consideration of evidence at committal proceedings

Court’s reminder to a defendant: right to object to written evidence being read at trial without further proof

Material to be sent to court of trial

Evidence in committal proceedings and written statements in summary trial

Applications for variation or discharge of orders under the Crime and Disorder Act 1998

114

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11A

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Records to be kept where warrant is endorsed for bail

90B

• (1) Where a person is arrested and released on bail pursuant to a warrant endorsed for bail in accordance with section 117 of the Act of 1980, the person executing the warrant shall make a record stating the matters set out in paragraph (2) below.

• (2) Those matters are—

• (a) the name of the person arrested;

• (b) the offence or default with which the person arrested is charged and the reason for the arrest;

• (c) the fact that that person is to be released on bail;

• (d) the date, time and place at which that person is to appear before the court;

• (e) except in criminal proceedings, the amount if any in which that person is bound;

• (f) any other details which in the opinion of the person executing the warrant are relevant.

• (3) After making the record, the person executing the warrant shall—

• (a) sign the record;

• (b) invite the person arrested to sign the record;

• (c) if the person arrested refuses to sign the record, annotate the record to show the fact of that refusal;

• (d) make a copy of the record and give it to the person arrested;

• (e) send the original record to the designated officer for the court which issued the warrant.

Notice of change of time for appearance

Notification of bail decision after arrest while on bail

Variation of arrangements for bail on committal to Crown Court

Procedure where prosecution appeals against a decision to grant bail

Procedure on reconsideration of a decision to grant bail

Payment of money in bank or building society account in satisfaction of confiscation order

57A

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Civil debt: judgment summons

Enforcement of affiliation orders, etc.

Enforcement where periodical payments made under more than one order

Notice of adjudication on complaint for enforcement of magistrates' court maintenance order, etc.

Particulars relating to payment of lump sum under magistrates' court maintenance order, etc. to be entered in register

Notice of date of reception in custody and discharge

Direction that money found on defaulter shall not be applied in satisfaction of debt

Particulars of fine enforcement to be entered in register

Record of Adjudication

Notification in relation to an order for conditional discharge

Procedure for the admission of evidence of bad character

72A

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Clerk to have copies of documents sent to accused under s.12(1) of the Act of 1980

Duty of clerk to notify subsequent marriage or formation of civil partnership of person entitled to payments under a maintenance order

—Case management

3A

• (1) The court must actively manage the case. That includes—

• (a) the early identification of the real issues;

• (b) the early identification of the needs of witnesses;

• (c) achieving certainty as to what must be done, by whom and when, in particular by the early setting of a timetable for the progress of the case;

• (d) monitoring the progress of the case and compliance with directions;

• (e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way;

• (f) discouraging delay, dealing with as many aspects of the case as possible on the same occasion and avoiding unnecessary hearings;

• (g) encouraging the participants to co-operate in the progression of the case; and

• (h) making use of technology , including live links.

• (2) The court must actively manage the case by giving any direction appropriate to the needs of that case as early as possible.

• (3) Each party must—

• (a) actively assist the court in managing the case without, or if necessary with, a direction; and

• (b) apply for a direction if needed to assist with the management of the case.

• (4) At the beginning of the case each party must, unless the court otherwise directs—

• (a) nominate an individual responsible for progressing that case; and

• (b) tell other parties and the court who he is and how to contact him.

• (5) In fulfilling its duty under paragraphs (1) and (2), the court must where appropriate—

• (a) nominate a court officer responsible for progressing the case; and

• (b) make sure the parties know who he is and how to contact him.

• (6) In this rule a person nominated under paragraphs (4) and (5) is called a case progression officer. A case progression officer must—

• (a) monitor compliance with directions;

• (b) make sure that the court is kept informed of events that may affect the progress of that case;

• (c) make sure that he can be contacted promptly about the case during ordinary business hours;

• (d) act promptly and reasonably in response to communications about the case; and

• (e) if he will be unavailable, appoint a substitute to fulfil his duties and inform the other case progression officers

• (7) In fulfilling its duty under paragraph (2) actively to manage the case the court may give any direction and take any step unless that direction or step would be inconsistent with legislation, including these Rules. In particular, the court may—

• (a) nominate a magistrate or justices' legal adviser to manage the case;

• (b) give a direction on its own initiative or on application by a party;

• (c) ask or allow a party to propose a direction;

• (d) for the purpose of giving directions, receive applications and representations by letter, by telephone or by any other means of electronic communication, and conduct a hearing by such means;

• (e) give a direction without a hearing;

• (f) fix, postpone, bring forward, extend or cancel a hearing;

• (g) shorten or extend (even after it has expired) a time limit fixed by a direction;

• (h) require that issues in the case should be determined separately, and decide in what order they will be determined; and

• (i) specify the consequences of failing to comply with a direction.

• (8) Any power to give a direction under this rule includes a power to vary or revoke that direction.

• (9) A party may apply to vary a direction if—

• (a) the court gave it without a hearing;

• (b) the court gave it at a hearing in that party’s absence; or

• (c) circumstances have changed.

• (10) A party who applies to vary a direction must—

• (a) apply as soon as practicable after becoming aware of the grounds for doing so; and

• (b) give as much notice to the other parties as the nature and urgency of the application permits.

• (11) The parties may agree to vary a time limit fixed by a direction, but only if—

• (a) the variation will not—

• (i) affect the date of any hearing that has been fixed, or

• (ii) significantly affect the progress of the case in any other way; and

• (b) the court has not prohibited variation by agreement.

• (12) The court’s case progression officer must refer any agreement by the parties to vary a time limit under paragraph (11) to the court if he doubts the condition in paragraph (11) is satisfied.

• (13) At every hearing, if a case cannot be concluded there and then the court must give directions so that it can be concluded at the next hearing or as soon as possible after that.

• (14) At every hearing the court must, where relevant—

• (a) if a party is absent, decide whether to proceed nonetheless;

• (b) set, follow or revise a timetable for the progress of the case, which may include a timetable for any hearing;

• (c) in giving directions, ensure continuity in relation to the court and to the parties’ representatives where that is appropriate and practicable; and

• (d) where a direction has not been complied with, find out why, identify who was responsible, and take appropriate action.

• (15) In fulfilling his duty under paragraph (3) actively to assist the court in managing the case, each party must—

• (a) comply with directions given by the court;

• (b) take every reasonable step to make sure that that party’s witnesses will attend when they are needed;

• (c) make appropriate arrangements to present any written or other material; and

• (d) promptly inform the court and the other parties of anything that may—

• (i) affect the date or duration of any hearing, or

• (ii) significantly affect the progress of the case in any other way.

• (16) The court may require a party to give a certificate of readiness.

• (17) In order to manage the case—

• (a) the court must establish, with the active assistance of the parties, what disputed issues they intend to explore; and

• (b) the court may require a party to identify—

• (i) which witnesses will give oral evidence,

• (ii) the order in which those witnesses will give their evidence;

• (iii) whether that party requires an order compelling the attendance of a witness;

• (iv) what arrangements are desirable to facilitate the giving of evidence by a witness;

• (v) what arrangements are desirable to facilitate the participation of any other person;

• (vi) what written evidence that party intends to introduce;

• (vii) what other material, if any, that party intends to make available to the court in the presentation of the case;

• (viii) whether that party intends to raise any point of law that could affect the conduct of the case; and

• (ix) what timetable that party proposes and expects to follow.

• (18) The court must make available to the parties a record of directions given.

Provisions to which these Rules are subject

Court to which complaint for the enforcement of a maintenance decision to which Section 1 of Chapter IV of the Maintenance Regulation applies must be made

59A

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Complaint by debtor under Article 21 of the Maintenance Regulation for refusal or suspension of enforcement

59B

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Enforcement where periodical payments made under more than one order

Notice of adjudication on complaint for enforcement of magistrates' court maintenance order, etc.

Particulars relating to payment of lump sum under magistrates' court maintenance order, etc. to be entered in register

Notice of date of reception in custody and discharge

Direction that money found on defaulter shall not be applied in satisfaction of debt

Particulars of fine enforcement to be entered in register

Direction to a local authority under section 447(2) and (3) of the Education Act 1996

101B

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Application for revocation of order under s.14 of Food and Drugs Act 1955

Application for substitution of conditional discharge for probation

Application for review of compensation order

Statements etc, relevant to making confiscation orders under the Criminal Justice Act 1988

Postponed determinations under the Criminal Justice Act 1988

Confiscation orders— revised assessments