The Indictments (Procedure) (Modification) Rules 1998

Made: 6th December 1998

Coming into force: 4th January 1999

The Lord Chancellor, in exercise of the power conferred upon him by section 2(6) of the Administration of Justice (Miscellaneous Provisions) Act 1933¹, hereby makes the following Rules:

1

These Rules may be cited as the Indictments (Procedure) (Modification) Rules 1998 and shall come into force on 4th January 1999.

2

• (1) The Indictments (Procedure) Rules 1971² shall have effect in any area from which a person is sent for trial under section 51 of the Crime and Disorder Act 1998³ as if they were amended as follows.

• (2) In rule 2–

• (a) after the entry in respect of “committal proceedings”, there shall be inserted–

• “sending for trial” means the sending of a person by a magistrates' court to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998;

• (b) after the entry in respect of “committal documents” (but before the proviso), after the words “tendered at any committal proceedings”, there shall be inserted:

• ;
• “given documents” means documents given to the Crown Court under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 where a person is sent for trial under section 51 of that Act

; and

• (c) in the proviso–

• (i) after the words “committal documents”, there shall be inserted the words “or given documents”; and

• (ii) after the words “Magistrates' Courts Act 1980”, there shall be inserted “or paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998”.

• (3) In rule 5(1), after sub-paragraph (c), there shall be inserted the following–

; (d) where a person is sent for trial under section 51 of the Crime and Disorder Act 1998, within a period of 28 days commencing with the date on which copies of the documents containing the evidence on which the charge or charges are based are served under paragraph 1 of Schedule 3 to that Act

• (4) In rule 8–

• (a) at the end of sub-paragraph (a), the word “and” shall be omitted; and

• (b) after sub-paragraph (b), there shall be inserted the following:

; and (c) shall state whether there has been any sending for trial and any application for dismissal under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998, and the result of any such application

• (5) In rule 9–

• (a) in paragraph (1), after the words “committal proceedings”, there shall be inserted the words “and no sending for trial”;

• (b) in paragraph (2)–

• (i) after the words “accused for trial,”, there shall be inserted “or there has been a sending for trial, and the charge or charges have been withdrawn or dismissed,”;

• (ii) after the words “committal documents” (on each occasion where they appear), there shall be inserted the words “or given documents”; and

• (c) in paragraph (3)–

• (i) after the word “committed”, there shall be inserted the words “or sent”; and

• (ii) after the words “committal documents” (on each occasion where they appear), there shall be inserted the words “or given documents”.

Signed

Irvine of Lairg, C. — Dated 6th December 1998

Explanatory note

(This note is not part of the Rules)

These Rules make a number of modifications to the Indictments (Procedure) Rules 1971 (S.I. 1971/2084) which are necessary in relation to the new procedure created by sections 51 and 52 of and Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (no committal proceedings for indictable-only offences).

Rule 2(2) modifies rule 2 of the 1971 Rules to include definitions relevant to the new procedure.

Rule 2(3) modifies rule 5 of the 1971 Rules so that a bill of indictment shall be preferred within 28 days of the service of the prosecution case.

Rule 2(4) and (5) modifies rules 8 and 9 of the 1971 Rules to make appropriate reference to the new procedure in relation to applications to the High Court for voluntary bills of indictment.

Footnotes