The Magistrates' Courts (Forms) Rules 1981

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, 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:—

1

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

• (2) The Rules mentioned in Schedule 1 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.

2

• (1) The forms contained in Schedule 2 to these Rules or forms to the like effect may be used, with such variation as the circumstances may require, in connection with proceedings in magistrates' courts.

• (2) Where a requirement is imposed by or under any Act for the use of a form prescribed by rules made under section 144 of the Magistrates' Courts Act 1980, and an appropriate form is contained in Schedule 1 to these Rules, that form or a form to the like effect shall be used.

SCHEDULE 1 — REVOCATIONS

Rules revoked	References
The Magistrates' Courts (Forms) Rules 1968	S.I. 1968/1919.
The Magistrates' Courts (Forms) (Amendment) Rules 1969	S.I. 1969/1710.
The Magistrates' Courts (Forms) (Amendment) Rules 1974	S.I. 1974/444.
The Magistrates' Courts (Forms) (Amendment) Rules 1975	S.I. 1975/127.
The Magistrates' Courts (Forms) (Amendment) (No. 2) Rules 1975	S.I. 1975/301.
The Magistrates' Courts (Forms) (Amendment) Rules 1977	S.I. 1977/1175.
The Magistrates' Courts (Forms) (Amendment) Rules 1978	S.I. 1978/146.
The Magistrates' Courts (Forms) (Amendment) (No. 2) Rules 1978	S.I. 1978/757.
The Magistrates' Courts (Forms) (Amendment) Rules 1979	S.I. 1979/1220.
The Magistrates' Courts (Forms) (Amendment) Rules 1980	S.I. 1980/511.

SCHEDULE 2 — FORMS

CRIMINAL PROCEDURE

FORMS COMMON TO INQUIRY BY EXAMINING JUSTICES AND SUMMARY TRIAL

FORM 1

Information (M.C. Act 1980, s. 1; M.C.Rules 1981, r.4)

FORM 2

Summons (M.C. Act 1980, s. 1; M.C. Rules 1981, r.98)

FORM 3

Summons to accused to attend adjourned hearing (M.C. Act 1980, s. 26(1); M.C. Rules 1981, r. 98)

FORM 4

Warrant of arrest in first instance (Bail Act 1976, s. 3; M.C. Act 1980, ss. 1, 13, 14, 117; M.C. Rules 1981, rr. 95,96)

FORM 5

Warrant of commitment on remand before conviction (Bail Act 1976, ss. 3, 4; M.C. Act 1980, ss. 5, 10, 128; M.C. Rules 1981, rr. 94, 95, 97)

FORM 6

Warrant of commitment on remand to alternate court (M.C. Act 1980, ss. 5, 10, 18(4), 122, 130; M.C. Rules 1981, rr. 25, 94, 95, 97)

FORM 7

Warrant of commitment on remand from alternate court (M.C. Act 1980, ss. 5, 10, 18(4), 128, 130; M.C. Rules 1981, rr. 25, 94, 95, 97)

FORM 8

Warrant of commitment on further remand in custody of person detained under custodial sentence (M.C. Act 1980, s. 131(3); M.C.Rules 1981, rr. 94, 95, 97)

FORM 9

Warrant of commitment: remittal to another magistrates' court for sentence (M.C. Act 1980, ss. 10, 39, 128; M.C. Rules 1981, rr. 19, 94, 95, 97)

FORM 10

Warrant of commitment on further remand in custody of person unable to appear by reason of illness or accident (Bail Act 1976, s. 3; M.C. Act 1980, s. 129;M.C. Rules 1981, rr. 94, 95, 97)

FORM 11

Order for taking finger-prints and palm-prints of accused person (M.C. Act 1980, s. 49)

FORM 12

Warrant of arrest on failure to surrender to bail (Bail Act 1976, s. 7; M.C. Act 1980, s. 117; M.C. Rules 1981, rr. 95, 96)

FORM 13

Statement of witness (C.J. Act 1967, s. 9; M.C. Act 1980, s. 102; M.C. Rules 1981, r. 70)

FORM 14

Notice to defendant: proof by written statement (C.J. Act 1967, s. 9; M.C. Act 1980, s. 102; M.C. Rules 1981, r. 70)

FORM 15

Warrant of arrest issued before return date of summons (Bail Act 1976, s. 3; M.C. Act 1980, ss. 1, 13, 14, 117; M.C. Rules 1981, rr. 95, 96)

INQUIRY BY EXAMINING JUSTICES

FORM 16

Certificate to be sent to Crown Court on committal for trial (C.J. Act 1925, s. 13; C.J. Act 1967, ss. 7, 11; M.C. Act 1980, ss. 4, 6, 8, 98; M.C. Rules 1981, rr. 7, 11)

FORM 17

Statement of accused (M.C. Rules 1981, r. 7)

FORM 18

Warrant of commitment: committal to Crown Court for trial (Bail Act 1976, ss. 3, 4; M.C. Act 1980, s. 6; M.C. Rules 1981, rr. 94, 95, 97)

FORM 19

Order committing corporation for trial (M.C. Act 1980, ss. 6, 46, Sch. 3)

FORM 20

Notice to governor of prison of persons committed to the Crown Court on bail (M.C. Rules 1981, rr. 9, 17)

FORM 21

Notice on committal for trial of a person subject to transfer direction under section 73 of the Mental Health Act 1959 (M.C. Rules 1981, r. 10)

FORM 22

Witness order (C.P. (A. of W.) Act 1965, s. 1(1); M.C. Rules 1981, r. 8)

FORM 23

Notice to witness that a witness order is to be treated as a conditional order (C.P. (A. of W.) Act 1965, s. 1(2)(b); M.C. Rules 1981, r. 8(2))

FORM 24

Notice of provisions of s. 11 of Criminal Justice Act 1967 (C.J. Act 1967, s. 11; M.C. Rules 1981, rr. 6 (5), 7 (13))

FORM 25

List of exhibits (M.C. Rules 1981, r. 11(2)(g))

FORM 26

Warrant of commitment of person indicted (Courts Act 1971, s. 13(7); M.C. Rules 1981, rr. 94, 95, 97)

SUMMARY TRIAL

FORM 27

Notice to defendant: plea of guilty in absence (M.C. Act 1980, s. 12(1)(a))

FORM 28

Statement of facts (M.C. Act 1980, s. 12(1)(b))

FORM 29

Notice of intention to cite previous convictions (M.C. Act 1980, s. 104)

FORM 30

Notice of intention to cite previous convictions for offences involving obligatory or discretionary disqualification from driving (R.T. Act 1972, s. 182(2A)(c))

FORM 31

Warrant of arrest on failure to appear in answer to summons or at adjourned trial before evidence has been received (Bail Act 1976, s. 3; M.C. Act 1980, ss. 1, 11, 13, 14, 117; M.C. Rules 1981, rr. 95, 96)

FORM 32

Warrant of arrest on failure to appear after evidence has been received where the accused is at large otherwise than on bail (Bail Act 1976, s. 3; M.C. Act 1980, ss. 1, 11, 13, 14, 117; M.C. Rules 1981, rr. 95, 96)

FORM 33

Warrant of commitment on remand after conviction (C.J. Act 1961, ss. 4(4), 12; Immigration Act 1971, s. 6(2); Bail Act 1976, ss. 3, 4; M.C. Act 1980, ss. 10(3), 128; M.C. Rules 1981, rr. 94, 95, 97)

FORM 34

Warrant of commitment on remand for medical examination (Bail Act 1976, ss. 3, 4; M.C. Act 1980, ss. 10, 30, 128; M.C. Rules 1981, rr. 24, 94, 95, 97)

FORM 35

Hospital order (M.H. Act 1959, s. 60; M.C. Rules 1981, r. 31)

FORM 36

Guardianship order (M.H. Act 1959, s. 60; M.C. Rules 1981, r. 31)

FORM 37

Order of dismissal of information (M.C. Act 1980, s. 9)

FORM 38

Conviction (M.C. Act 1980, s. 9; M.C. Rules 1981, r. 16)

FORM 39

Warrant of commitment: committal to Crown Court for sentence (C.J. Act 1961, s. 1; C.J. Act 1967, s. 62; Bail Act 1976, s. 3; M.C. Act 1980, ss. 37, 38; M.C. Rules 1981, rr. 94, 95, 97)

FORM 40

Warrant of commitment to Crown Court for restriction order (M.H. Act 1959, s. 67(1))

FORM 41

Warrant of commitment to Crown Court for restriction order or sentence (M.H. Act 1959, s. 67(4))

FORM 42

Order of admission to hospital pending restriction order (M.H. Act 1959, s. 68)

FORM 43

Warrant of commitment: sentence of imprisonment (P.C.C. Act 1973, s. 19(3); M.C. Act 1980, s. 132; M.C. Rules 1981, rr. 94, 95, 97)

FORM 44

Warrant of commitment to detention centre (C.J. Act 1961, s. 4; M.C. Rules 1981, rr. 94, 95, 97)

FORM 45

Order of return to borstal (C.J. Act 1961, s. 12; M.C. Act 1980, s. 4(4))

ENFORCEMENT OF FINES

FORM 46

Notice of fine (M.C. Rules 1981, r. 46)

FORM 47

Notice of registration of financial penalty enforcement order (Army Act 1955, s. 133A; Air Force Act 1955, s. 133A; Naval Discipline Act 1957, s. 128F; M.C. Rules, 1981, r. 47)

FORM 48

Distress warrant (P.C.C. Act 1973, ss. 31, 32; M.C. Act 1980, ss. 76, 78; M.C. Rules 1981, rr. 54, 95)

FORM 49

Return of insufficient distress (M.C. Act 1980, s. 76(2)) (Endorsement)

FORM 50

Account of charges incurred on distress warrant (M.C. Rules 1981, r. 54(10))

FORM 51

Warrant of commitment on occasion of conviction (P.C.C. Act 1973, s. 19(2); M.C. Act 1980, ss. 76, 82, 132; M.C. Rules 1981, rr. 94, 95, 97)

FORM 52

Warrant of commitment on occasion subsequent to conviction (P.C.C. Act 1973, ss. 19(2), 31; M.C. Act 1980, ss. 76, 77(2), 79, 82, 88, 132; M.C. Rules 1981, rr. 94, 95, 97)

FORM 53

Summons to fine defaulter (P.C.C. Act 1973, ss. 31, 32; M.C. Act 1980, ss. 82, 83; M.C. Rules 1981, r. 98)

FORM 54

Warrant for arrest of fine defaulter (P.C.C. Act 1973, s. 31; M.C. Act 1980, ss. 82, 83; M.C. Rules 1981, rr. 95, 96)

FORM 55

Warrant of commitment to detention centre: non-payment of fine (C.J. Act 1961, s.5)

FORM 56

Endorsement on warrant of commitment in default: defaulter in detention centre (CJ. Act 1961, s. 5(6))

FORM 57

Warrant for detention in police cells etc. (M.C. Act 1980, s. 134; M.C. Rules 1981, rr. 94, 95, 97)

FORM 58

Warrant for detention in police station (M.C. Act 1980, s. 136; M.C. Rules 1981, rr. 95, 97)

FORM 59

Transfer of fine order (P.C.C. Act 1973, ss. 31, 32; M.C. Act 1980, s. 89; M.C. Rules 1981, r. 57)

FORM 60

Transfer of fine order to Scotland or Northern Ireland (P.C.C. Act 1973, ss. 31, 32; M.C. Act 1980, s. 90; M.C. Rules 1981, r. 57)

FORM 61

Notice of transfer of fine order (M.C. Rules 1981, r. 57)

FORM 62

Notice of fine supervision order (M.C. Rules 1981, r. 56)

FORM 63

Authority for clerk of magistrates' court to enforce payment of fine in High Court or County Court (M.C. Act 1980, s. 87)

PROBATION AND CONDITIONAL DISCHARGE

FORM 64

Probation order (P.C.C. Act 1973, s. 2)

FORM 65

Order for conditional discharge (P.C.C. Act 1973, s. 7)

FORM 66

Summons to probationer on application to amend probation order (P.C.C. Act 1973, Sch. 1)

FORM 67

Order amending probation order (P.C.C. Act 1973, Sch. 1)

FORM 68

Order discharging probation order (P.C.C. Act 1973, Sch. 1)

FORM 69

Order substituting conditional discharge for probation (P.C.C. Act 1973, s. 11)

FORM 70

Information for breach of requirement of probation order (P.C.C. Act 1973, s. 6; M.C. Rules 1981, r. 4)

FORM 71

Summons for breach of requirement of probation order (P.C.C. Act 1973, s. 6; M.C. Rules 1981, r. 98)

FORM 72

Warrant of arrest for breach of requirement of probation order (P.C.C. Act 1973, s. 6; Bail Act 1976, s. 3; M.C. Act 1980, s. 117; M.C. Rules 1981, rr. 95, 96)

FORM 73

Warrant of commitment: committal to Crown Court on breach of requirement of probation order (P.C.C. Act 1973, s. 6; Bail Act 1976, ss. 3, 4; M.C. Rules 1981, rr. 94, 95, 97)

FORM 74

Certificate that probationer has failed to comply with requirement of probation order (P.C.C. Act 1973, s. 6(5)

FORM 75

Order on failure to comply with requirements of probation order (P.C.C. Act 1973, s. 6)

FORM 76

Commitment on failure to comply with requirement of probation order (P.C.C. Act 1973, s. 6; M.C. Rules 1981, rr. 94, 95, 97)

FORM 77

Information on commission of further offence during probation period or period of conditional discharge (P.C.C. Act 1973, s. 8; M.C. Rules 1981, r. 4)

FORM 78

Summons on commission of further offence during probation period or period of conditional discharge (P.C.C. Act 1973, s. 8; M.C. Rules 1981, r. 98)

FORM 79

Warrant of arrest on commission of further offence during probation period or period of conditional discharge (P.C.C. Act 1973, s. 8; Bail Act 1976, s. 3; M.C. Act 1980, s. 117; M.C. Rules 1981, rr. 94, 95, 97)

FORM 80

Warrant of commitment: committal to Crown Court on commission of further offence by probationer or person conditionally discharged (P.C.C. Act 1973, s. 8; Bail Act 1976, s. 3; M.C. Rules 1981, rr. 94, 95, 97)

FORM 81

Order in respect of original offence on commission of further offence during probation period or period of conditional discharge (P.C.C. Act 1973, s. 8)

FORM 82

Commitment on commission of further offence during probation period or period of conditional discharge (P.C.C. Act 1973, s. 8; M.C. Rules 1981, rr. 94, 95, 97)

SUSPENDED SENTENCES

FORM 83

Conviction: suspended sentence (P.C.C. Act 1973, s. 22; M.C. Act 1980, s. 9; M.C. Rules 1981, r. 16)

FORM 84

Information on commission of further offence during operational period of suspended sentence (P.C.C. Act 1973, s. 25; M.C. Rules 1981, r. 4)

FORM 85

Summons on commission of further offence during operational period of suspended sentence (P.C.C. Act 1973, s. 25; M.C. Rules 1981, r. 98)

FORM 86

Warrant of arrest on conviction of further offence committed during operational period of suspended sentence (P.C.C. Act 1973, s. 25; Bail Act 1976, s. 3; M.C. Act 1980, s. 117; M.C. Rules 1981, rr. 94, 95, 97)

FORM 87

Warrant of commitment: committal to Crown Court on commission of further offence committed during operational period of suspended sentence (P.C.C. Act 1973, s. 24(2); Bail Act 1976, s. 3; M.C. Rules 1981, rr. 94, 95, 97)

FORM 88

Notice to Crown Court of conviction of further offence committed during operational period of suspended sentence (P.C.C. Act 1973, s. 24(2))

FORM 89

Order that suspended sentence shall take effect (P.C.C. Act 1973, s. 23)

FORM 90

Warrant of commitment putting into effect suspended sentence (C.J. Act 1961, s. 4; P.C.C. Act 1973, s. 23; M.C. Rules 1981, rr. 94, 95, 97)

FORM 91

Order varying suspended sentence (P.C.C. Act 1973, s. 23)

COMMUNITY SERVICE ORDERS

FORM 92

Community service order (P.C.C. Act 1973, s. 14)

FORM 93

Certificate of failure to comply with community service order (P.C.C. Act 1973, s. 16(4))

FORM 94

Warrant of commitment: revocation of community service order, sentence of imprisonment (P.C.C. Act 1973, ss. 16(3), 17(2), 19, 20, 21; M.C. Rules 1981, rr. 94, 95, 97)

FORM 95

Warrant of commitment: committal to Crown Court to be dealt with in respect of community service order (P.C.C Act 1973, ss. 16(3)(b), 17(2)(b); Bail Act 1976, ss. 3, 4; M.C. Rules 1981, rr. 94, 95, 97)

MISCELLANEOUS

FORM 96

Warrant of commitment: committal to Crown Court: summary offence (C.J. Act 1967, s. 56; Bail Act 1976, s. 3; M.C. Rules 1981, rr. 94, 95, 97)

FORM 97

Notice of order to give information of date of birth and sex (R.T. Act 1972, s. 104; M.C. Rules 1981, r. 108)

CIVIL PROCEDURE

ORDERS OTHER THAN CIVIL DEBT

FORM 98

Complaint (M.C. Act 1980, ss. 51, 52; M.C. Rules 1981, r. 4)

FORM 99

Summons on complaint (M.C. Act 1980, ss. 51, 52; M.C. Rules 1981, r. 98)

FORM 100

Order of dismissal of complaint (M.C. Act 1980, s. 53)

FORM 101

Order on complaint (M.C. Act 1980, s. 53)

FORM 102

Summons to rate defaulter (G.R. Act 1967, s. 104; M.C. Rules 1981, r. 98)

FORM 103

Warrant for arrest of rate defaulter (G.R. Act 1967, s. 104; M.C. Act 1980, s. 117; M.C. Rules 1981, rr. 95, 96)

CIVIL DEBT

FORM 104

Complaint: civil debt (M.C. Act 1980, s. 58; M.C. Rules 1981, r. 4)

FORM 105

Summons to defendant: civil debt (M.C. Act 1980, s. 51; M.C. Rules 1981, r. 98)

FORM 106

Order: civil debt (M.C. Act 1980, s. 58)

FORM 107

Complaint to enforce civil debt order (M.C. Act 1980, s. 96; M.C. Rules 1981, r. 4)

FORM 108

Judgment summons (M.C. Act 1980, s. 96; M.C. Rules 1981, rr. 58, 98)

FORM 109

Distress warrant: civil debt (M.C. Act 1980, s. 76; M.C. Rules 1981, rr. 53, 54)

FORM 110

Commitment: civil debt enforceable by imprisonment (M.C. Act 1980, ss. 76, 88, 96, 132; M.C. Rules 1981, rr. 94, 95, 97)

PERIODICAL PAYMENTS: VARIATION, ETC

FORM 111

Complaint to vary etc. order for periodical payments (M.C. Act 1980, s. 60; M.C. Rules 1981, rr. 4, 41)

FORM 112

Summons to vary etc. order for periodical payments (M.C. Act 1980, ss. 51, 60; M.C. Rules 1981, rr. 41, 98)

FORM 113

Order varying etc. order for periodical payments (M.C. Act 1980, s. 60)

FORM 114

Notice to person outside the United Kingdom of complaint for variation etc. of maintenance or custody order (M.O. (R.E.) Act 1972, s. 41(2A); D.P.M.C. Act 1978, s. 24(2); M.C. Rules 1981, r. 106)

RECOGNIZANCES

FORM 115

Order of recognizance to keep the peace etc. (M.C. Act 1980, s. 115)

FORM 116

Summons to vary sureties (M.C. Act 1980, s. 118; M.C. Rules 1981, rr. 83, 98)

FORM 117

Order varying order for sureties (M.C. Act 1980, s. 118; M.C. Rules 1981, r. 83)

FORM 118

Recognizance (civil cases) (M.C. Act 1980, ss. 114, 115; M.C. Rules 1981, rr. 82, 86)

FORM 119

Recognizance of surety (criminal cases) (Bail Act 1976, ss. 3, 8; M.C. Act 1980, s. 120)

FORM 120

Recognizance: Bail; Appeal to Crown Court (M.C. Act 1980, s. 113)

FORM 121

Recognizance to prosecute an appeal before the High Court on case stated and for bail pending the appeal (M.C. Act 1980, s. 114)

FORM 122

Notice of recognizance to principal and sureties (civil cases)

FORM 123

Notice of recognizance to sureties (criminal cases)

FORM 124

Recognizance of witness and surety (Courts Act 1971, s. 13; M.C. Rules 1981, r. 89)

FORM 125

Notice of recognizance to witness and sureties (Courts Act 1971, s. 13; M.C. Rules 1981, r. 89)

FORM 126

Certificate of amount and conditions of recognizance (civil cases) (M.C. Rules 1981, rr. 86, 87)

FORM 127

Certificate of amount and conditions of surety's recognizance and other bail conditions (criminal cases) (Bail Act 1976, ss. 3, 8; M.C. Rules 1981, r. 86)

FORM 128

Certificate as to suitability of surety (criminal cases) (Bail Act 1976, s. 8; M.C. Rules 1981, rr. 86, 87)

FORM 129

Notice of recognizance having been entered into (civil or criminal cases) (M.C. Rules 1981, r. 87)

FORM 130

Notice of compliance with pre-release bail conditions (criminal cases) (Bail Act 1976, s. 3; M.C. Rules 1981, r. 87)

FORM 131

Notice of enlargement of recognizance (civil cases) (M.C. Act 1980, s. 129; M.C. Rules 1981, r. 84)

FORM 132

Notice of enlargement of surety's recognizance (criminal cases) (M.C. Act 1980, ss. 43, 129; M.C. Rules 1981, r. 84)

FORM 133

Notice of forfeiture of recognizance (M.C. Act 1980, s. 120; M.C. Rules 1981, r. 46)

FORM 134

Distress warrant: forfeited recognizance (M.C. Act 1980, ss. 76, 120; M.C. Rules 1981, rr. 46, 95)

FORM 135

Commitment: forfeited recognizance (M.C. Act 1980, s. 120; M.C. Rules 1981, rr. 46, 94, 95, 97)

GENERAL

FORM 136

Summons to witness (M.C. Act 1980, s. 97; M.C. Rules 1981, r. 98)

FORM 137

Warrant for arrest of witness on failure to appear to summons (M.C. Act 1980, ss. 97, 117; M.C. Rules 1981, rr. 95, 96)

FORM 138

Warrant for arrest of witness in first instance (M.C. Act 1980, ss. 97, 117; M.C. Rules 1981, rr. 95, 96)

FORM 139

Commitment of witness (M.C. Act 1980, ss. 97, 134; M.C. Rules 1981, rr. 94, 95, 97)

FORM 140

Warrant of commitment of witness after failure to attend trial or after Crown Court warrant (Courts Act 1971, s. 13(7); M.C. Rules 1981, 94, 95, 97)

FORM 141

Order to bring up prisoner before expiration of period of remand or in connection with recognizance (M.C. Act 1980, ss. 115, 118, 128)

FORM 142

Declaration of service (M.C. Rules 1981, r. 67)

FORM 143

Declaration as to handwriting and seal (M.C. Rules 1981, r. 67)

FORM 144

Certificate of service (M.C. Rules 1981, r. 67)

FORM 145

Certificate of service by post (M.C. Rules 1981, rr, 67, 99(6))

FORM 146

Certificate of clerk of magistrates' court of non-payment of sums adjudged (M.C. Act 1980, s. 99)

FORM 147

Declaration as to non-payment of sums adjudged (M.C. Act 1981, s. 99)

FORM 148

Register (M.C. Rules 1981, r. 66)

FORM 149

Record of decision to grant unconditional bail (criminal cases) (Bail Act 1976, s. 5; M.C. Rules 1981, rr. 66, 90)

FORM 150

Record of decision to grant conditional bail (criminal cases) (Bail Act 1976, s. 5; M.C. Rules 1981, rr. 66, 90)

FORM 151

Record of decision to withhold bail (criminal cases) (Bail Act 1976, s. 5; M.C. Rules 1981, rr. 66, 90)

FORM 152

Record of decision to vary conditions of bail or impose conditions on bail granted unconditionally (criminal cases) (Bail Act 1976, s. 5; M.C. Rules 1981, rr. 66, 90)

FORM 153

Record of decision to appoint a different time or place for a person granted bail to surrender to custody (criminal cases) (Bail Act 1976, s. 5; M.C. Act 1980, s. 43; M.C. Rules 1981, r. 66)

FORM 154

Extract from register proving proceeding of a magistrates' court (M.C. Rules 1981, r. 68)

FORM 155

Case stated (M.C. Act 1980, s. 111; M.C. Rules 1981, rr. 78, 81)

Signed

Hailsham of St. Marylebone, C — Dated 20th March 1981

Explanatory note

EXPLANATORY NOTE

These Rules consolidate, with amendments, the Rules specified in Schedule 1 to these Rules and prescribe the forms to be used in connection with proceedings in magistrates' courts. These forms are set out in Schedule 2 to these Rules.

Some obsolete forms which were prescribed in the Magistrates' Courts (Forms) Rules 1968 (“the 1968 Rules”) have been omitted from Schedule 2.

These forms are—

Number of Form in Schedule to the 1968 Rules	Subject matter of form
26.	Warrant to arrest person indicted.
28.	Warrant of commitment of person indicted who is already in custody.
97.	Order of removal from approved school to borstal.
98.	Interim order on application for removal from approved school to borstal.
101.	Domestic proceedings: report by probation officer of attempted conciliation.
124.	Certificate of ability of surety to pay.
137.	Warrant for temporary removal from approved school.
138.	Warrant for further removal after temporary removal from approved school.

Three other forms which were prescribed in the 1968 Rules have also been omitted in these Rules, namely, forms numbered 64 (Further transfer of fine order), 127 (Complaint for forfeiture of recognizance to keep the peace) and 128 (Summons for forfeiture of recognizance). Instead, certain forms prescribed in Schedule 2 to these Rules, namely, forms numbered 59 (Transfer of fine order), 60 (Transfer of fine order to Scotland or Northern Ireland), 98 (Complaint) and 2 (Summons), respectively, may be used with appropriate amendments.

Four forms, which were prescribed in the Schedule to the 1968 Rules, have been omitted from Schedule 2 to these Rules, namely forms numbered 115A (Notice of courts' powers under sections 16 and 18(1) of the Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)), 115B (Family protection order), 115C (Power of arrest attached to order made under section 16 of the Domestic Proceedings and Magistrates' Courts Act 1978) and 115D (Endorsement of expedited order). These forms are now set out in the Schedule to the Magistrates' Courts (Matrimonial Proceedings) Rules 1980 (S.I. 1980/1582).

Four new forms have been added in Schedule 2 to these Rules, namely, forms numbered 88 (Notice to Crown Court of conviction of further offence committed during operational period of suspended sentence), 114 (Notice to person outside the United Kingdom of complaint for variation etc. of maintenance or custody order), 120 (Recognizance: Bail: Appeal to Crown Court) and 121 (Recognizance to prosecute an appeal before the High Court on case stated and for bail pending the appeal).