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The Criminal Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-01-11

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) if practicable, at least one member of the court must be Welsh-speaking.

[Note. See section 3 of the Courts Act 2003[^f00352]and section 22 of the Welsh Language Act 1993[^f00353].

Duty of justices’ legal adviser

37.14

(1) A justices’ legal adviser must attend, unless the court—

(a) includes a District Judge (Magistrates’ Courts); and

(b) otherwise directs.

(2) A justices’ legal adviser must—

(a) give the court legal advice; and

(b) if necessary, attend the members of the court outside the courtroom to give such advice; but

(3) A justices’ legal adviser must—

(a) assist an unrepresented defendant;

(b) assist the court by—

(i) making a note of the substance of any oral evidence or representations, to help the court recall that information,

(ii) if the court rules inadmissible part of a written statement introduced in evidence, marking that statement in such a way as to make that clear,

(iii) ensuring that an adequate record is kept of the court’s decisions and the reasons for them, and

(iv) making any announcement, other than of the verdict or sentence.

(4) Where the defendant has served a notice of guilty plea to which rule 37.8 (written guilty plea: special rules) applies, a justices’ legal adviser must read aloud to the court—

(a) the material on which the prosecutor relies to set out the facts of the offence and to provide information relevant to sentence (or summarise any written statement included in that material, if the court so directs); and

(b) any written representations by the defendant.

[Note. Section 28 of the Courts Act 2003[^f00354]provides for the functions of a justices’ legal adviser. See also section 12 of the Magistrates’ Courts Act 1980[^f00355].]

Duty of court officer

37.15

The court officer must—

(a) serve on each party notice of where and when an adjourned hearing will resume, unless—

(i) the party was present when that was arranged, or

(ii) the defendant has served a notice of guilty plea to which rule 37.8 applies, and the adjournment is for not more than 4 weeks;

(b) if the reason for the adjournment was to postpone sentence, include that reason in any such notice to the defendant;

(d) where the court has ordered a defendant to provide information under section 25 of the Road Traffic Offenders Act 1988[^f00356], serve on the defendant notice of that order unless the defendant was present when it was made;

(e) serve on the prosecutor—

(i) any notice of guilty plea to which rule 37.8 applies, and

(ii) any declaration served under rule 37.11(3)(e) that the defendant did not know about the case;

(f) record in the magistrates’ court register the court’s reasons for not proceeding in the defendant’s absence where rule 37.11(3)(a) applies; and

(g) give the court such other assistance as it requires.

[Note. See sections 10, 11 and 12 of the Magistrates’ Courts Act 1980[^f00357].

PART 38

[Note. There are no rules in this Part.]

PART 39 — TRIAL ON INDICTMENT

Contents of this Part

Time limits for beginning of trials	rule 39.1
Appeal against refusal to excuse from jury service or
to defer attendance	rule 39.2
Application to change a plea of guilty	rule 39.3

Time limits for beginning of trials

39.1

The periods set out for the purposes of section 77(2)(a) and (b) of the Senior Courts Act 1981[^f00358] shall be 14 days and 8 weeks respectively and accordingly, the trial of a person committed by a magistrates’ court—

(a) shall not begin until the expiration of 14 days beginning with the date of his committal, except with his consent and the consent of the prosecution; and

(b) shall, unless the Crown Court has otherwise ordered, begin not later than the expiration of 8 weeks beginning with the date of his committal.

Appeal against refusal to excuse from jury service or to defer attendance

39.2

(1) A person summoned under the Juries Act 1974[^f00359] for jury service may appeal in accordance with the provisions of this rule against any refusal of the appropriate court officer to excuse him under section 9(2), or to defer his attendance under section 9A(1), of that Act.

(2) Subject to paragraph (3), an appeal under this rule shall be heard by the Crown Court.

(3) Where the appellant is summoned under the 1974 Act to attend before the High Court in Greater London the appeal shall be heard by a judge of the High Court and where the appellant is summoned under that Act to attend before the High Court outside Greater London or before a county court and the appeal has not been decided by the Crown Court before the day on which the appellant is required by the summons to attend, the appeal shall be heard by the court before which he is summoned to attend.

(4) An appeal under this rule shall be commenced by the appellant’s giving notice of appeal to the appropriate court officer of the Crown Court or the High Court in Greater London, as the case may be, and such notice shall be in writing and shall specify the matters upon which the appellant relies as providing good reason why he should be excused from attending in pursuance of the summons or why his attendance should be deferred.

(5) The court shall not dismiss an appeal under this rule unless the appellant has been given an opportunity of making representations.

(6) Where an appeal under this rule is decided in the absence of the appellant, the appropriate court officer of the Crown Court or the High Court in Greater London, as the case may be, shall notify him of the decision without delay.

Application to change a plea of guilty

39.3

(1) The defendant must apply as soon as practicable after becoming aware of the grounds for making an application to change a plea of guilty, and may only do so before the final disposal of the case, by sentence or otherwise.

(2) Unless the court otherwise directs, the application must be in writing and it must—

(a) set out the reasons why it would be unjust for the guilty plea to remain unchanged;

(b) indicate what, if any, evidence the defendant wishes to call;

(d) indicate whether legal professional privilege is waived, specifying any material name and date.

(3) The defendant must serve the written application on—

(a) the court officer; and

(b) the prosecutor.

PART 40 — TAINTED ACQUITTALS

Contents of this Part

Time of certification	rule 40.1
Form of certification in the Crown Court	rule 40.2
Service of a copy of the certification	rule 40.3
Entry in register or records in relation to the conviction
which occasioned certification	rule 40.4
Entry in the register or records in relation to the acquittal	rule 40.5
Display of copy certification form	rule 40.6
Entry in the register or records in relation to
decision of High Court	rule 40.7
Display of copy of notice received from High Court	rule 40.8

Time of certification

40.1

Where a person is convicted of an offence as referred to in section 54(1)(b) of the Criminal Procedure and Investigations Act 1996[^f00360] and it appears to the court before which the conviction has taken place that the provisions of section 54(2) are satisfied, the court shall make the certification referred to in section 54(2) at any time following conviction but no later than—

(a) immediately after the court sentences or otherwise deals with that person in respect of the offence; or

(b) where the court, being a magistrates’ court, commits that person to the Crown Court, or remits him to another magistrates’ court, to be dealt with in respect of the offence, immediately after he is so committed or remitted, as the case may be; or

(c) where that person is a child or young person and the court, being the Crown Court, remits him to a youth court to be dealt with in respect of the offence, immediately after he is so remitted.

Form of certification in the Crown Court

40.2

A certification referred to in section 54(2) of the Criminal Procedure and Investigations Act 1996 by the Crown Court shall be drawn up in the form set out in the Practice Direction.

Service of a copy of the certification

40.3

Where a magistrates’ court or the Crown Court makes a certification as referred to in section 54(2) of the Criminal Procedure and Investigations Act 1996, the court officer shall, as soon as practicable after the drawing up of the form, serve a copy on the acquitted person referred to in the certification, on the prosecutor in the proceedings which led to the acquittal, and, where the acquittal has taken place before a court other than, or at a different place to, the court where the certification has been made, on—

(a) the clerk of the magistrates’ court before which the acquittal has taken place; or

(b) the Crown Court officer at the place where the acquittal has taken place.

Entry in register or records in relation to the conviction which occasioned certification

40.4

A clerk of a magistrates’ court or an officer of a Crown Court which has made a certification under section 54(2) of the Criminal Procedure and Investigations Act 1996 shall enter in the register or records, in relation to the conviction which occasioned the certification, a note of the fact that certification has been made, the date of certification, the name of the acquitted person referred to in the certification, a description of the offence of which the acquitted person has been acquitted, the date of the acquittal, and the name of the court before which the acquittal has taken place.

[Note. For the requirement for a magistrates’ court to keep a register, see rule 5.4.]

Entry in the register or records in relation to the acquittal

40.5

The court officer of the court before which an acquittal has taken place shall, as soon as practicable after receipt of a copy of a form recording a certification under section 54(2) of the Criminal Procedure and Investigations Act 1996 relating to the acquittal, enter in the register or records a note that the certification has been made, the date of the certification, the name of the court which has made the certification, the name of the person whose conviction occasioned the making of the certification, and a description of the offence of which that person has been convicted. Where the certification has been made by the same court as the court before which the acquittal has occurred, sitting at the same place, the entry shall be made as soon as practicable after the making of the certification. In the case of an acquittal before a magistrates’ court, the entry in the register shall be signed by the clerk of the court.

[Note. For the requirement for a magistrates’ court to keep a register, see rule 5.4.]

Display of copy certification form

40.6

(1) Where a court makes a certification as referred to in section 54(2) of the Criminal Procedure and Investigations Act 1996, the court officer shall, as soon as practicable after the drawing up of the form, display a copy of that form at a prominent place within court premises to which place the public has access.

(2) Where an acquittal has taken place before a court other than, or at a different place to, the court which has made the certification under section 54(2) of the 1996 Act in relation to the acquittal, the court officer at the court where the acquittal has taken place shall, as soon as practicable after receipt of a copy of the form recording the certification, display a copy of it at a prominent place within court premises to which place the public has access.

(3) The copy of the form referred to in paragraph (1), or the copy referred to in paragraph (2), shall continue to be displayed as referred to, respectively, in those paragraphs at least until the expiry of 28 days from, in the case of paragraph (1), the day on which the certification was made, or, in the case of paragraph (2), the day on which the copy form was received at the court.

Entry in the register or records in relation to decision of High Court

40.7

(1) The court officer at the court where an acquittal has taken place shall, on receipt from the Administrative Court Office of notice of an order made under section 54(3) of the Criminal Procedure and Investigations Act 1996 quashing the acquittal, or of a decision not to make such an order, enter in the register or records, in relation to the acquittal, a note of the fact that the acquittal has been quashed by the said order, or that a decision has been made not to make such an order, as the case may be.

(2) The court officer of the court which has made a certification under section 54(2) of the 1996 Act shall, on receipt from the Administrative Court Office of notice of an order made under section 54(3) of that Act quashing the acquittal referred to in the certification, or of a decision not to make such an order, enter in the register or records, in relation to the conviction which occasioned the certification, a note that the acquittal has been quashed by the said order, or that a decision has been made not to make such an order, as the case may be.

(3) The entries in the register of a magistrates’ court referred to, respectively, in paragraphs (1) and (2) above shall be signed by the magistrates’ court officer.

[Note. For the requirement for a magistrates’ court to keep a register, see rule 5.4. As to the procedure to be followed in the High Court, see RSC Order 116 in Schedule 1 to The Civil Procedure Rules 1998[^f00361].]

Display of copy of notice received from High Court

40.8

(1) Where the court officer of a court which has made a certification under section 54(2) of the Criminal Procedure and Investigations Act 1996 or before which an acquittal has occurred to which such a certification refers, receives from the Administrative Court Office notice of an order quashing the acquittal concerned, or notice of a decision not to make such an order, he shall, as soon as practicable after receiving the notice, display a copy of it at a prominent place within court premises to which place the public has access.

(2) The copy notice referred to in paragraph (1) shall continue to be displayed as referred to in that paragraph at least until the expiry of 28 days from the day on which the notice was received at the court.

[Note. As to the procedure to be followed in the High Court, see RSC Order 116 in Schedule 1 to The Civil Procedure Rules 1998.]

PART 41 — RETRIAL FOLLOWING ACQUITTAL FOR SERIOUS OFFENCE

Contents of this Part

Interpretation	rule 41.1
Notice of a section 76 application	rule 41.2
Response of the acquitted person	rule 41.3
Examination of witnesses or evidence by the Court of Appeal	rule 41.4
Bail or custody hearings in the Crown Court	rule 41.5
Further provisions regarding bail and custody in the Crown Court	rule 41.6
Bail or custody orders in the Court of Appeal	rule 41.7
Application for restrictions on publication	rule 41.8
Variation or revocation of restrictions on publication	rule 41.9
Powers exercisable by a single judge of the Court of Appeal	rule 41.10
Powers exercisable by the Registrar	rule 41.11
Determination by full court	rule 41.12
Notice of the determination of the application	rule 41.13
Notice of application to set aside order for retrial	rule 41.14
Leave to arraign	rule 41.15
Abandonment of the application	rule 41.16

Interpretation

41.1

In this Part, ‘section 76 application’ means an application made by a prosecutor under section 76(1) or (2) of the Criminal Justice Act 2003[^f00362].

Notice of a section 76 application

41.2

(1) A prosecutor who wants to make a section 76 application must serve notice of that application in the form set out in the Practice Direction on the Registrar and the acquitted person.

(2) That notice shall, where practicable, be accompanied by―

(a) relevant witness statements which are relied upon as forming new and compelling evidence of guilt of the acquitted person as well as any relevant witness statements from the original trial;

(b) any unused statements which might reasonably be considered capable of undermining the section 76 application or of assisting an acquitted person’s application to oppose that application under rule 41.3;

(d) copies of the transcript of the summing up and any other relevant transcripts from the original trial; and

(e) any other documents relied upon to support the section 76 application.

(3) The prosecutor must, as soon as practicable after service of that notice on the acquitted person, file with the Registrar a witness statement or certificate of service which exhibits a copy of that notice.

Response of the acquitted person

41.3

(1) An acquitted person who wants to oppose a section 76 application must serve a response in the form set out in the Practice Direction on the Registrar and the prosecutor which―

(a) indicates if he is also seeking an order under section 80(6) of the Criminal Justice Act 2003[^f00363] for―

(i) the production of any document, exhibit or other thing, or

(ii) a witness to attend for examination and to be examined before the Court of Appeal; and

(b) exhibits any relevant documents.

(2) The acquitted person must serve that response not more than 28 days after receiving notice under rule 41.2.

(3) The Court of Appeal may extend the period for service under paragraph (2), either before or after that period expires.

Examination of witnesses or evidence by the Court of Appeal

41.4

(1) Prior to the hearing of a section 76 application, a party may apply to the Court of Appeal for an order under section 80(6) of the Criminal Justice Act 2003 for―

(a) the production of any document, exhibit or other thing; or

(b) a witness to attend for examination and to be examined before the Court of Appeal.

(2) An application under paragraph (1) must be in the form set out in the Practice Direction and must be sent to the Registrar and a copy sent to each party to the section 76 application.

(3) An application must set out the reasons why the order was not sought from the Court when―

(a) the notice was served on the Registrar under rule 41.2, if the application is made by the prosecutor; or

(b) the response was served on the Registrar under rule 41.3, if the application is made by the acquitted person.

(4) An application must be made at least 14 days before the day of the hearing of the section 76 application.

(5) If the Court of Appeal makes an order under section 80(6) of the 2003 Act on its own motion or on application from the prosecutor, it must serve notice and reasons for that order on all parties to the section 76 application.

Bail or custody hearings in the Crown Court

41.5

(1) Rules 19.18, 19.22 and 19.23 shall apply where a person is to appear or be brought before the Crown Court pursuant to sections 88 or 89 of the Criminal Justice Act 2003[^f00364] (with the modification as set out in paragraph (2)), as if they were applications under rule 19.18(1).

(2) Substitute the following for Rule 19.18:

Where a person is to appear or be brought before the Crown Court pursuant to sections 88 or 89 of the Criminal Justice Act 2003, the prosecutor must serve notice of the need for such a hearing on the court officer.

(3) Where a person is to appear or be brought before the Crown Court pursuant to sections 88 or 89 of the 2003 Act the Crown Court may order that the person shall be released from custody on entering into a recognizance, with or without sureties, or giving other security before―

(a) the Crown Court officer; or

(b) any other person authorised by virtue of section 119(1) of the Magistrates’ Courts Act 1980[^f00365] to take a recognizance where a magistrates’ court having power to take the recognizance has, instead of taking it, fixed the amount in which the principal and his sureties, if any, are to be bound.

(4) The court officer shall forward to the Registrar a copy of any record made in pursuance of section 5(1) of the Bail Act 1976[^f00366].

Further provisions regarding bail and custody in the Crown Court

41.6

(1) The prosecutor may only apply to extend or further extend the relevant period before it expires and that application must be served on the Crown Court officer and the acquitted person.

(2) A prosecutor’s application for a summons or a warrant under section 89(3)(a) or (b) of the Criminal Justice Act 2003 must be served on the court officer and the acquitted person.

Bail or custody orders in the Court of Appeal

41.7

Rules 68.8 and 68.9 shall apply to bail or custody orders made in the Court of Appeal under section 90 of the Criminal Justice Act 2003[^f00367] as if they were orders made pursuant to an application under rule 68.7.

Application for restrictions on publication

41.8

(1) An application by the Director of Public Prosecutions, under section 82 of the Criminal Justice Act 2003[^f00368], for restrictions on publication must be in the form set out in the Practice Direction and be served on the Registrar and the acquitted person.

(2) If notice of a section 76 application has not been given and the Director of Public Prosecution has indicated that there are reasons why the acquitted person should not be notified of the application for restrictions on publication, the Court of Appeal may order that service on the acquitted person is not to be effected until notice of a section 76 application is served on that person.

(3) If the Court of Appeal makes an order for restrictions on publication of its own motion or on application of the Director of Public Prosecutions, the Registrar must serve notice and reasons for that order on all parties, unless paragraph (2) applies.

Variation or revocation of restrictions on publication

41.9

(1) A party who wants to vary or revoke an order for restrictions on publication, under section 82(7) of the Criminal Justice Act 2003[^f00369], may apply to the Court of Appeal in writing at any time after that order was made.

(2) A copy of the application to vary or revoke shall be sent to all parties to the section 76 application unless paragraph (3) applies.

(3) If the application to vary or revoke is made by the Director of Public Prosecutions and―

(a) the notice of a section 76 application has not been given under rule 41.2; and

(b) the Director of Public Prosecutions has indicted that there are reasons why the acquitted person should not be notified of an application for restrictions on publication,

the Court of Appeal may order that service on the acquitted person is not to be effected until notice of a section 76 application is served on that person.

(4) If the Court of Appeal varies or revokes an order for restrictions on publication of its own motion or on application, it must serve notice and reasons for that order on all parties, unless paragraph (3) applies.

Powers exercisable by a single judge of the Court of Appeal

41.10

(1) The following powers under the Criminal Justice Act 2003 and under this Part may be exercised by a single judge in the same manner as they may be exercised by the Court of Appeal and subject to the same provisions, namely to―

(a) order the production of any document, exhibit or thing under section 80(6)(a) of the 2003 Act;

(b) order any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the Court of Appeal under section 80(6)(b) of the 2003 Act;

(d) delay the requirement of service on the acquitted person of an application for restrictions on publication under rules 41.8(2) and 41.9(3).

(2) A single judge may, for the purposes of exercising any of the powers specified in paragraph (1), sit in such place as he appoints and may sit otherwise than in open court.

(3) Where a single judge exercises one of the powers set out in paragraph (1), the Registrar must serve notice of the single judge’s decision on all parties to the section 76 application.

Powers exercisable by the Registrar

41.11

(1) The Registrar may require the Crown Court at the place of original trial to provide the Court of Appeal with any assistance or information which it may require for the purposes of exercising its jurisdiction under Part 10 of the Criminal Justice Act 2003[^f00370] or this Part.

(2) The following powers may be exercised by the Registrar in the same manner as the Court of Appeal and subject to the same provisions―

(a) order the production of any document, exhibit or thing under section 80(6)(a) of the 2003 Act;

(b) order any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the Court of Appeal under section 80(6)(b) of the 2003 Act; and

(3) Where the Registrar exercises one of the powers set out in paragraph (2) the Registrar must serve notice of that decision on all parties to the section 76 application.

(4) Where the Registrar has refused an application to exercise any of the powers referred to in paragraph (2), the party making the application may have it determined by a single judge by serving a renewal in the form set out in the Practice Direction within 14 days of the day on which notice of the Registrar’s decision is served on the party making the application, unless that period is extended by the Court of Appeal.

Determination by full court

41.12

(1) Where a single judge has refused an application to exercise any of the powers referred to in rule 41.10, the applicant may have that application determined by the Court of Appeal by serving a notice of renewal in the form set out in the Practice Direction.

(2) A notice under paragraph (1) must be served on the Registrar within 14 days of the day on which notice of the single judge’s decision is served on the party making the application, unless that period is extended by the Court of Appeal.

(3) If a notice under paragraph (1) is not served on the Registrar within the period specified in paragraph (2) or such extended period as the Court of Appeal has allowed, the application shall be treating as having been refused by the Court of Appeal.

Notice of the determination of the application

41.13

(1) The Court of Appeal may give its determination of the section 76 application at the conclusion of the hearing.

(2) If determination is reserved, the Registrar shall as soon as practicable, serve notice of the determination on the parties to the section 76 application.

(3) If the Court of Appeal orders under section 77 of the Criminal Justice Act 2003[^f00371] that a retrial take place, the Registrar must as soon as practicable, serve notice on the Crown Court officer at the appropriate place of retrial.

Notice of application to set aside order for retrial

41.14

(1) If an acquitted person has not been arraigned before the end of 2 months after the date of an order under section 77 of the Criminal Justice Act 2003 he may apply in the form set out in the Practice Direction to the Court of Appeal to set aside the order.

(2) An application under paragraph (1) must be served on the Registrar and the prosecutor.

Leave to arraign

41.15

(1) If the acquitted person has not been arraigned before the end of 2 months after the date of an order under section 77 of the Criminal Justice Act 2003, the prosecutor may apply in the form set out in the Practice Direction to the Court of Appeal for leave to arraign.

(2) An application under paragraph (1) must be served on the Registrar and the acquitted person.

Abandonment of the application

41.16

(1) A section 76 application may be abandoned by the prosecutor before the hearing of that application by serving a notice in the form set out in the Practice Direction on the Registrar and the acquitted person.

(2) The Registrar must, as soon as practicable, after receiving a notice under paragraph (1) send a copy of it endorsed with the date of receipt to the prosecutor and acquitted person.

PART 42 — REMITTAL FROM ONE MAGISTRATES’ COURT TO ANOTHER FOR SENTENCE

Contents of this Part

Remittal for sentence	rule 42.1

Remittal for sentence

42.1

(1) Where a magistrates’ court remits an offender to some other magistrates’ court under section 10 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00372] after convicting him of an offence, the court officer for the convicting court shall send to the court officer for the other court—

(a) a copy signed by the court officer for the convicting court of the minute or memorandum of the conviction and remittal entered in the register;

(b) a copy of any note of the evidence given at the trial of the offender, any written statement tendered in evidence and any deposition;

(d) any report relating to the offender considered by the convicting court;

(e) if the offender is remitted on bail, a copy of the record made by the convicting court in pursuance of section 5 of the Bail Act 1976[^f00373] relating to such bail and also any recognizance entered into by any person as his surety;

(f) if the convicting court makes an order under section 148 of the 2000 Act[^f00374] (restitution orders), a copy signed by the court officer for the convicting court of the minute or memorandum of the order entered in the register;

(g) a copy of any representation order previously made in the same case; and

(h) a copy of any application for a representation order.

(2) Where a magistrates’ court remits an offender to some other magistrates’ court as aforesaid and the other court remits him back to the convicting court under section 10(5) of the 2000 Act, the court officer for the other court shall send to the court officer for the convicting court—

(a) a copy signed by the court officer for the other court of the minute or memorandum of the remittal back entered in the register;

(b) if the offender is remitted back on bail, a copy of the record made by the other court in pursuance of section 5 of the Bail Act 1976 relating to such bail and also any recognizance entered into by any person as his surety; and

(3) In this rule ‘the offender’, ‘the convicting court’ and ‘the other court’ have the same meanings as in section 10 of the 2000 Act.

PART 43 — COMMITTAL TO THE CROWN COURT FOR SENTENCE

Contents of this Part

Committals for sentence, etc	rule 43.1
Committal for order restricting discharge, etc	rule 43.2

Committals for sentence, etc

43.1

(1) Where a magistrates’ court commits an offender to the Crown Court under the Vagrancy Act 1824[^f00375], sections 3, 6, 116(3)(b) or 120(2)(a) of the Powers of Criminal Courts (Sentencing) Act 2000[^f00376] or section 6 of the Bail Act 1976[^f00377] after convicting him of an offence, the magistrates’ court officer shall send to the Crown Court officer—

(a) a copy signed by the magistrates’ court officer of the minute or memorandum of the conviction entered in the register;

(b) copy of any note of the evidence given at the trial of the offender, any written statement tendered in evidence and any deposition;

(d) any report relating to the offender considered by the court;

(e) if the offender is committed on bail, a copy of the record made in pursuance of section 5 of the 1976 Act relating to such bail and also any recognizance entered into by any person as his surety;

(f) if the court imposes under section 26 of the Road Traffic Offenders Act 1988[^f00378] an interim disqualification for holding or obtaining a licence under Part III of the Road Traffic Act 1988[^f00379], a statement of the date of birth and sex of the offender;

(g) if the court makes an order under section 148 of the 2000 Act (restitution orders), a copy signed by the clerk of the convicting court of the minute or memorandum of the order entered in the register; and

(h) any documents relating to an appeal by the prosecution against the granting of bail.

(2) Where a magistrates’ court commits an offender to the Crown Court under the Vagrancy Act 1824 or sections 3, 6 or 120(2) of the 2000 Act and the magistrates’ court on that occasion imposes, under section 26 of the Road Traffic Offenders Act 1988, an interim disqualification for holding or obtaining a licence under Part III of the Road Traffic Act 1988, the magistrates’ court officer shall give notice of the interim disqualification to the Crown Court officer.

(3) Where a magistrates’ court commits a person on bail to the Crown Court under any of the enactments mentioned in paragraph (2) of this rule or under section 6 of the Bail Act 1976 the magistrates’ court officer shall give notice thereof in writing to the governor of the prison to which persons of the sex of the person committed are committed by that court if committed in custody for trial and also, if the person committed is under the age of 21, to the governor of the remand centre to which he would have been committed if the court had refused him bail.

[Note. See also direction V.52 in the Practice Direction.]

Committal for order restricting discharge, etc

43.2

Where a magistrates’ court commits an offender to the Crown Court either—

(a) under section 43 of the Mental Health Act 1983[^f00380] with a view to the making of a hospital order with an order restricting his discharge; or

(b) under section 3 of the Powers of Criminal Courts (Sentencing) Act 2000, as modified by section 43(4) of the 1983 Act, with a view to the passing of a more severe sentence than the magistrates’ court has power to inflict if such an order is not made,

the magistrates’ court officer shall send to the Crown Court officer—

(i) the copies, documents and articles specified in rule 43.1,

(ii) any written evidence about the offender given by a medical practitioner under section 37 of the 1983 Act[^f00381] or a copy of a note of any oral evidence so given,

(iii) the name and address of the hospital the managers of which have agreed to admit the offender if a hospital order is made, and

(iv) if the offender has been admitted to a hospital under section 37 of the 1983 Act, the name and address of that hospital.

PART 44 — BREACH, REVOCATION AND AMENDMENT OF COMMUNITY AND OTHER ORDERS IN A MAGISTRATES’ COURT

Contents of this Part

When this Part applies	rule 44.1
Application by responsible officer	rule 44.2
Application by defendant or person affected	rule 44.3
Procedure on application by responsible officer	rule 44.4

When this Part applies

44.1

This Part applies in a magistrates’ court where—

(a) the officer responsible for a defendant’s compliance with an order to which applies—

(i) Schedule 3, 5, 7 or 8 to the Powers of Criminal Courts (Sentencing) Act 2000[^f00382],

(ii) Schedule 8 to the Criminal Justice Act 2003[^f00383], or

(iii) Schedule 2 to the Criminal Justice and Immigration Act 2008[^f00384]

wants the court to deal with that defendant for failure to comply;

(b) one of the following wants the court to exercise any power it has to revoke or amend such an order—

(i) the responsible officer,

(ii) the defendant, or

(iii) a person affected by the order; or

[Note. In the Powers of Criminal Courts (Sentencing) Act 2000—

(a) Schedule 3 deals with the breach, revocation and amendment of curfew orders and exclusion orders;

(b) Schedule 5 deals with the breach, revocation and amendment of attendance centre orders;

(d) Schedule 8 deals with the breach, revocation and amendment of action plan orders and reparation orders; and

(e) Schedule 5 will be repealed when the relevant provisions of the Criminal Justice Act 2003 come into force; Schedules 3 and 7 will be repealed when the relevant provisions of the Criminal Justice and Immigration Act 2008 come into force; and Schedule 8 no longer will refer to action plan orders when the relevant provisions of the 2008 Act come into force.

Application by responsible officer

44.2

(1) This rule applies where—

(a) the responsible officer wants the court to—

(i) deal with a defendant for failure to comply with an order to which this Part applies, or

(ii) revoke or amend such an order; or

(b) the court considers exercising on its own initiative any power it has to—

(i) revoke or amend such an order, and

(ii) summon the defendant to attend for that purpose.

(2) Rules 7.2 to 7.4, which deal, among other things, with starting a prosecution in a magistrates’ court by information and summons, apply—

(a) as if—

(i) a reference in those rules to an allegation of an offence included a reference to an allegation of failure to comply with an order to which this Part applies, and

(ii) a reference to the prosecutor included a reference to the responsible officer; and

(b) with the necessary consequential modifications.

Application by defendant or person affected

44.3

(1) This rule applies where—

(a) the defendant wants the court to exercise any power it has to revoke or amend an order to which this Part applies; or

(b) a person affected by such an order wants the court to exercise any such power.

(2) That defendant, or person affected, must—

(a) apply in writing, explaining why the order should be revoked or amended; and

(b) serve the application on—

(i) the court officer,

(ii) the responsible officer, and

(iii) as appropriate, the defendant or the person affected.

Procedure on application by responsible officer

44.4

(1) Except for rule 37.8, the rules in Part 37, which deal with the procedure at a trial in a magistrates’ court, apply—

(a) as if—

(i) a reference in those rules to an allegation of an offence included a reference to an allegation of failure to comply with an order to which this Part applies,

(ii) a reference to the court’s verdict included a reference to the court’s decision to revoke or amend such an order, or to exercise any other power it has to deal with the defendant, and

(iii) a reference to the court’s sentence included a reference to the exercise of any such power; and

(b) with the necessary consequential modifications.

(2) The court officer must serve on each party any order revoking or amending an order to which this Part applies.

PART 45 — DEFERRED SENTENCE

Contents of this Part

Further conviction in magistrates’ court after sentence deferred	rule 45.1

Further conviction in magistrates’ court after sentence deferred

45.1

Where under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00385] a court has deferred passing sentence on an offender and before the expiration of the period of deferment he is convicted of any offence by a magistrates’ court, the court officer for the convicting court shall, if the court which deferred passing sentence on the earlier occasion was another magistrates’ court or the Crown Court, give notice of the conviction to the court officer for that court.

PART 46

[Note. There are no rules in this Part.]

PART 47 — SUSPENDED SENTENCES OF IMPRISONMENT

Contents of this Part

Entries in magistrates’ court register in respect of
suspended sentences	rule 47.1
Suspended sentence supervision orders	rule 47.2

Entries in magistrates’ court register in respect of suspended sentences

47.1

(1) Where under section 119 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00386] a magistrates’ court deals with a person in respect of a suspended sentence otherwise than by making an order under section 119(1)(a), the court shall cause to be entered in the register its reasons for its opinion that it would be unjust to make such an order.

(2) Where an offender is dealt with under section 119 of the 2000 Act in respect of a suspended sentence passed by a magistrates’ court, the court officer shall note this in the register, or where the suspended sentence was not passed by that court, shall notify the court officer for the court by which it was passed who shall note it in the register.

[Note. For the requirement to keep a register, see rule 5.4.]

Suspended sentence supervision orders

47.2

(1) Where a magistrates’ court makes an order under section 119(1)(a) or (b) of the Powers of Criminal Courts (Sentencing) Act 2000 in respect of a person who is subject to a suspended sentence supervision order, the court officer shall note this in the register, or where that order was not made by that court, shall—

(a) if the order was made by another magistrates’ court, notify the court officer for that court who shall note the court register accordingly; or

(b) if the order was made by the Crown Court, notify the Crown Court officer.

(2) Where a magistrates’ court discharges a suspended sentence supervision order under section 124(1) of the 2000 Act[^f00387], the court officer shall note this in the register, or where that order was not made by that court, shall—

(a) if the order was made by another magistrates’ court, notify the court officer for that court who shall note the court register accordingly; or

(b) if the order was made by the Crown Court, notify the Crown Court officer.

(3) Where a magistrates’ court fines a person under section 123 of the 2000 Act[^f00388] for breach of the requirements of a suspended sentence supervision order which was not made by that court, the court officer shall—

(a) if the order was made by another magistrates’ court, notify the court officer for that court; or

(b) if the order was made by the Crown Court, notify the Crown Court officer.

[Note. For the requirement to keep a register, see rule 5.4.]

PART 48 — COMMUNITY PENALTIES

Contents of this Part

Curfew order or requirement with electronic monitoring requirement	rule 48.1

Curfew order or requirement with electronic monitoring requirement

48.1

(1) This rule applies where the Crown Court makes—

(a) a curfew order with an electronic monitoring requirement under section 35 of the Crime (Sentences) Act 1997[^f00389] or under sections 37 and 36B of the Powers of Criminal Courts (Sentencing) Act 2000[^f00390]; or

(b) a community rehabilitation order with curfew and electronic monitoring requirements under section 41 of and paragraph 7 of Schedule 2 to the 2000 Act.

(2) The court officer shall serve notice of the order on the person in respect of whom it is made by way of pages 1 and 2 of the form set out in the Practice Direction.

(3) The court officer shall serve notice of the order on the person responsible for electronically monitoring compliance with it by way of the form set out in the Practice Direction.

(4) Where any community order additional to the curfew order has been made in respect of the offender, the court officer shall serve a copy of the notice required by paragraph (3) on the local probation board or Youth Offending Team responsible for the offender.

PART 49 — HOSPITAL AND GUARDIANSHIP ORDERS

Contents of this Part

Remand by magistrates’ court for medical enquiries	rule 49.1
Hospital or guardianship orders imposed by magistrates’ court	rule 49.2

Remand by magistrates’ court for medical inquiries

49.1

On exercising the powers conferred by section 11 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00391] a magistrates’ court shall—

(a) where the accused is remanded in custody, send to the institution or place to which he is committed; or

(b) where the accused is remanded on bail, send to the institution or place at which, or the person by whom, he is to be examined,

a statement of the reasons why the court is of opinion that an inquiry ought to be made into his physical or mental condition and of any information before the court about his physical or mental condition.

Hospital or guardianship order imposed by a magistrates’ court

49.2

(1) The magistrates’ court by which a hospital order is made under section 37 of the Mental Health Act 1983[^f00392] shall send to the hospital named in the order such information in the possession of the court as it considers likely to be of assistance in dealing with the patient to whom the order relates, and in particular such information about the mental condition, character and antecedents of the patient and the nature of the offence.

(2) The magistrates’ court by which a guardianship order is made under section 37 of the 1983 Act shall send to the local health authority named therein as guardian or, as the case may be, the local health authority for the area in which the person so named resides, such information in the possession of the court as it considers likely to be of assistance in dealing with the patient to whom the order relates and in particular such information about the mental condition, character and antecedents of the patient and the nature of the offence.

(3) The magistrates’ court by which an offender is ordered to be admitted to hospital under section 44 of the 1983 Act shall send to the hospital such information in the possession of the court as it considers likely to assist in the treatment of the offender until his case is dealt with by the Crown Court.

PART 50 — CIVIL BEHAVIOUR ORDERS AFTER VERDICT OR FINDING

Contents of this Part

When this Part applies	rule 50.1
Behaviour orders: general rules	rule 50.2
Application for behaviour order: special rules	rule 50.3
Evidence to assist the court: special rules	rule 50.4
Application to vary or revoke behaviour order	rule 50.5
Notice of hearsay evidence	rule 50.6
Cross-examination of maker of hearsay statement	rule 50.7
Credibility and consistency of maker of hearsay statement	rule 50.8
Court’s power to vary requirements under this Part	rule 50.9

[Note. See Part 3 for the court’s general powers to consider an application and to give directions.]

When this Part applies

50.1

(1) This Part applies in magistrates’ courts and in the Crown Court where the court could decide to make, vary or revoke a civil order—

(a) under a power that the court can exercise after reaching a verdict or making a finding, and

(b) that requires someone to do, or not do, something.

(2) A reference to a ‘behaviour order’ in this Part is a reference to any such order.

(3) A reference to ‘hearsay evidence’ in this Part is a reference to evidence consisting of hearsay within the meaning of section 1(2) of the Civil Evidence Act 1995[^f00393].

[Note. In the circumstances set out in the Acts listed, the court can make a behaviour order:

(a) on conviction, under—

(i) section 14A of the Football Spectators Act 1989[^f00394](football banning orders),

(ii) section 5 of the Protection from Harassment Act 1997[^f00395](restraining orders),

(iii) sections 1C and 1D of the Crime and Disorder Act 1998[^f00396](anti-social behaviour orders and interim anti-social behaviour orders),

(iv) sections 8 and 9 of the Crime and Disorder Act 1998[^f00397](parenting orders),

(v) section 104 of the Sexual Offences Act 2003[^f00398](sexual offences prevention orders),

(vi) section 19 of the Serious Crime Act 2007[^f00399](serious crime prevention orders),

(vii) section 6 of the Violent Crime Reduction Act 2006[^f00400](drinking banning orders);

(b) on acquittal, under —

section 5A of the Protection from Harassment Act 1997[^f00401](restraining orders on acquittal); and

section 104 of the Sexual Offences Act 2003 (sexual offences prevention orders).

Behaviour orders: general rules

50.2

(1) The court must not make a behaviour order unless the person to whom it is directed has had an opportunity—

(a) to consider what order is proposed and why; and

(b) to make representations at a hearing (whether or not that person in fact attends).

(2) That restriction does not apply to making an interim behaviour order.

(3) But an interim behaviour order has no effect unless the person to whom it is directed—

(a) is present when it is made; or

(b) is handed a document recording the order not more than 7 days after it is made.

[Note. The Acts listed in the note to rule 50.1 impose requirements specific to each different type of behaviour order. Not all allow the court to make an interim behaviour order.]

Application for behaviour order: special rules

50.3

(1) This rule applies where a prosecutor wants the court to make—

(a) an anti-social behaviour order; or

(b) a serious crime prevention order,

if the defendant is convicted.

(2) The prosecutor must serve a notice of intention to apply for such an order on—

(a) the court officer;

(b) the defendant against whom the prosecutor wants the court to make the order; and

as soon as practicable (without waiting for the verdict).

(3) The notice must be in the form set out in the Practice Direction and must—

(a) summarise the relevant facts;

(b) identify the evidence on which the prosecutor relies in support;

(d) specify the order that the prosecutor wants the court to make.

(4) The defendant must then—

(a) serve written notice of any evidence on which the defendant relies on—

(i) the court officer, and

(ii) the prosecutor,

as soon as practicable (without waiting for the verdict); and

(b) in the notice, identify that evidence and attach any written statement that has not already been served.

(5) This rule does not apply to an application for an interim anti-social behaviour order.

[Note. Under section 8 of the Serious Crime Act 2007 a serious crime prevention order may be made only on an application by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, or the Director of the Serious Fraud Office. See also paragraphs 2, 7 and 13 of Schedule 2 to the 2007 Act.

Evidence to assist the court: special rules

50.4

(1) This rule applies where the court indicates that it may make on its own initiative—

(a) a football banning order;

(b) a restraining order;

(d) a drinking banning order.

(2) A party who wants the court to take account of any particular evidence before making that decision must—

(a) serve notice in writing on—

(i) the court officer, and

(ii) every other party,

as soon as practicable (without waiting for the verdict); and

(b) in that notice identify that evidence and attach any written statement that has not already been served.

[Note. If a party relies on hearsay evidence, see also rules 50.6, 50.7, and 50.8.]

Application to vary or revoke behaviour order

50.5

(1) The court may vary or revoke a behaviour order if—

(a) the legislation under which it is made allows the court to do so; and

(b) one of the following applies—

(i) the prosecutor,

(ii) the person to whom the order is directed,

(iii) any other person mentioned in the order,

(iv) the relevant authority or responsible officer,

(v) the relevant Chief Officer of Police, or

(vi) the Director of Public Prosecutions.

(2) A person applying under this rule must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so, explaining why the order should be varied or revoked; and

(b) serve the application, and any notice under paragraph (3), on the court officer and, as appropriate, anyone listed in paragraph (1)(b).

(3) A party who wants the court to take account of any particular evidence before making its decision must, as soon as practicable—

(a) serve notice in writing on—

(i) the court officer, and

(ii) as appropriate, anyone listed in paragraph (1)(b); and

(b) in that notice identify the evidence and attach any written statement that has not already been served.

(4) The court may decide an application under this rule with or without a hearing.

(5) But the court must not—

(a) dismiss an application under this rule unless the applicant has had an opportunity to make representations at a hearing (whether or not the applicant in fact attends); or

(b) allow an application under this rule unless everyone served with the application has had at least 14 days in which to make representations, including representations about whether there should be a hearing.

(6) Where a person applies under this rule to a magistrates’ court—

(a) the application must be by complaint; and

(b) the court officer must give notice by summons of any hearing.

[Note. The legislation that gives the court power to make a behaviour order may limit the circumstances in which it may be varied or revoked and may require a hearing.

Notice of hearsay evidence

50.6

(1) A party who wants to introduce hearsay evidence must—

(a) serve a notice in writing on—

(i) the court officer, and

(ii) every other party directly affected; and

(b) in that notice—

(i) explain that it is a notice of hearsay evidence,

(ii) identify that evidence,

(iii) identify the person who made the statement which is hearsay, or explain why if that person is not identified, and

(iv) explain why that person will not be called to give oral evidence.

(2) A party may serve one notice under this rule in respect of more than one notice and more than one witness.

[Note. For the time within which to serve a notice of hearsay evidence, see rule 50.3(2) to (4), rule 50.4(2) and rule 50.5(3). See also the requirement in section 2 of the Civil Evidence Act 1995 for reasonable and practicable notice of a proposal to introduce hearsay evidence.

Cross-examination of maker of hearsay statement

50.7

(1) This rule applies where a party wants the court’s permission to cross-examine a person who made a statement which another party wants to introduce as hearsay.

(2) The party who wants to cross-examine that person must—

(a) apply in writing, with reasons, not more than 7 days after service of the notice of hearsay evidence; and

(b) serve the application on—

(i) the court officer,

(ii) the party who served the hearsay evidence notice, and

(iii) every party on whom the hearsay evidence notice was served.

(3) The court may decide an application under this rule with or without a hearing.

(4) But the court must not—

(a) dismiss an application under this rule unless the applicant has had an opportunity to make representations at a hearing (whether or not the applicant in fact attends); or

(b) allow an application under this rule unless everyone served with the application has had at least 7 days in which to make representations, including representations about whether there should be a hearing.

[Note. See also section 3 of the Civil Evidence Act 1995.]

Credibility and consistency of maker of hearsay statement

50.8

(1) This rule applies where a party wants to challenge the credibility or consistency of a person who made a statement which another party wants to introduce as hearsay.

(2) The party who wants to challenge the credibility or consistency of that person must—

(a) serve a written notice of intention to do so on—

(i) the court officer, and

(ii) the party who served the notice of hearsay evidence

not more than 7 days after service of that hearsay evidence notice; and

(b) in the notice, identify any statement or other material on which that party relies.

(3) The party who served the hearsay notice—

(a) may call that person to give oral evidence instead; and

(b) if so, must serve a notice of intention to do so on—

(i) the court officer, and

(ii) every party on whom he served the hearsay notice

not more than 7 days after service of the notice under paragraph (2).

[Note. Section 5(2) of the Civil Evidence Act 1995 describes the procedure for challenging the credibility of the maker of a statement of which hearsay evidence is introduced. See also section 6 of that Act. The 1995 Act does not allow the introduction of evidence of a previous inconsistent statement otherwise than in accordance with sections 5, 6 and 7 of the Criminal Procedure Act 1865[^f00403].]

Court’s power to vary requirements under this Part

50.9

The court may—

(a) shorten a time limit or extend it (even after it has expired);

(b) allow a notice or application to be given in a different form, or presented orally.

PART 51

[Note. There are no rules in this Part.]

PART 52 — ENFORCEMENT OF FINES

Contents of this Part

Notice to defendant of fine or forfeited recognizance	rule 52.1
Payment of fine to be made to magistrates’ court officer	rule 52.2
Duty of magistrates’ court officer to give receipt	rule 52.3
Application to magistrates’ court for further time	rule 52.4
Review of terms of postponement of warrant of commitment
by magistrates’ court	rule 52.5
Notice to defendant before enforcing magistrates’ court order	rule 52.6
Execution of magistrates’ court distress warrant	rule 52.7
Payment after imprisonment imposed by magistrates’ court	rule 52.8
Order for supervision made by magistrates’ court	rule 52.9
Transfer of magistrates’ court fine order	rule 52.10
Directions by magistrates’ court that money found on defaulter
shall not be applied in satisfaction of debt	rule 52.11
Particulars of fine enforcement to be entered in
magistrates’ court register	rule 52.12
Payment after Attendance Centre order	rule 52.13

Notice to defendant of fine or forfeited recognizance

52.1

Where under section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000[^f00404] or section 67(2) of the Criminal Justice Act 1988[^f00405] a magistrates’ court is required to enforce payment of a fine imposed or recognizance forfeited by the Crown Court or where a magistrates’ court allows time for payment of a sum adjudged to be paid by a summary conviction, or directs that the sum be paid by instalments, or where the offender is absent when a sum is adjudged to be paid by a summary conviction, the magistrates’ court officer shall serve on the offender notice in writing stating the amount of the sum and, if it is to be paid by instalments, the amount of the instalments, the date on which the sum, or each of the instalments, is to be paid and the places and times at which payment may be made; and a warrant of distress or commitment shall not be issued until the preceding provisions of this rule have been complied with.

Payment of fine to be made to magistrates’ court officer

52.2

(1) A person adjudged by the conviction of a magistrates’ court to pay any sum shall, unless the court otherwise directs, pay that sum, or any instalment of that sum, to the court officer.

(2) Where payment of any sum or instalment of any sum adjudged to be paid by the conviction or order of a magistrates’ court is made to any person other than the court officer, that person, unless he is the person to whom the court has directed payment to be made or, in the case of a child, is the person with whom the child has his home, shall, as soon as may be, account for and, if the court officer so requires, pay over the sum or instalment to the court officer.

(3) Where payment of any sum adjudged to be paid by the conviction or order of a magistrates’ court, or any instalment of such a sum, is directed to be made to the court officer for another court, the court officer for the court that adjudged the sum to be paid shall pay over any sums received by him on account of the said sum or instalment to the court officer for that other court.

Duty of magistrates’ court officer to give receipt

52.3

The court officer for a magistrates’ court shall give or send a receipt to any person who makes a payment to him in pursuance of a conviction or order of a magistrates’ court and who asks for a receipt.

Application to magistrates’ court for further time

52.4

An application under section 75(2) of the Magistrates’ Courts Act 1980[^f00406] (further time to pay) may, unless the court requires the applicant to attend, be made in writing.

Review of terms of postponement of warrant of commitment by magistrates’ court

52.5

An application under section 77(5) of the Magistrates’ Courts Act 1980[^f00407] may be made in writing or in person.

Notice to defendant before enforcing magistrates’ court order

52.6

A warrant of commitment shall not be issued for disobedience to an order of a magistrates’ court unless the defendant has been previously served with a copy of the minute of the order, or the order was made in his presence and the warrant is issued on that occasion:

Execution of magistrates’ court distress warrant

52.7

(1) A warrant of distress issued for the purpose of levying a sum adjudged to be paid by a summary conviction or order—

(a) shall name or otherwise describe the person against whom the distress is to be levied;

(b) shall be directed to the constables of the police area in which the warrant is issued or to the civilian enforcement officers for the area in which they are employed, or to a person named in the warrant and shall, subject to, and in accordance with, the provisions of this rule, require them to levy the said sum by distress and sale of the goods belonging to the said person; and

(c) may where it is directed to the constables of a police area, instead of being executed by any of those constables, be executed by any person under the direction of a constable.

(2) The warrant shall authorise the person charged with the execution of it to take as well any money as any goods of the person against whom the distress is levied; and any money so taken shall be treated as if it were the proceeds of the sale of goods taken under the warrant.

(3) The warrant shall require the person charged with the execution to pay the sum to be levied to the court officer for the court that issued the warrant.

(4) A warrant to which this rule applies may be executed by the persons to whom it was directed or by any of the following persons, whether or not the warrant was directed to them—

(a) A constable for any police area in England and Wales, acting in his own police area;

(b) where the warrant is one to which section 125A of the Magistrates’ Courts Act 1980[^f00408] applies, a civilian enforcement officer within the meaning of section 125A of the 1980 Act; and

(c) where the warrant is one to which section 125A of the 1980 Act applies, any of the individuals described in section 125B(1) of the 1980 Act[^f00409];

and in this rule any reference to the person charged with the execution of a warrant includes any of the above persons who is for the time being authorised to execute the warrant, whether or not they have the warrant in their possession at the time.

(5) A person executing a warrant of distress shall—

(a) either—

(i) if he has the warrant with him, show it to the person against whom the distress is levied, or

(ii) otherwise, state where the warrant is and what arrangements may be made to allow the person against whom distress is levied to inspect it;

(b) explain, in ordinary language, the sum for which distress is levied and the reason for the distress;

(c) where the person executing the warrant is one of the persons referred to in paragraph (4)(b) or (c) above, show the person against whom distress is levied a written statement under section 125A(4) of 125B(4) as appropriate; and

(d) in any case, show documentary proof of his identity.

(6) There shall not be taken under the warrant the clothing or bedding of any person or his family or the tools, books, vehicles or other equipment which he personally needs to use in his employment, business or vocation, provided that in this paragraph the word ‘person’ shall not include a corporation.

(7) The distress levied under any such warrant as aforesaid shall be sold within such period beginning not earlier than the 6th day after the making of the distress as may be specified in the warrant, or if no period is specified in the warrant, within a period beginning on the 6th day and ending on the 14th day after the making of the distress:

Provided that with the consent in writing of the person against whom the distress is levied the distress may be sold before the beginning of the said period.

(8) The clerk of the court which issued the warrant may, on the application of the person charged with the execution of it, extend the period within which the distress must be sold by any number of days not exceeding 60; but following the grant of such an application there shall be no further variation or extension of that period.

(9) The said distress shall be sold by public auction or in such other manner as the person against whom the distress is levied may in writing allow.

(10) Notwithstanding anything in the preceding provisions of this rule, the said distress shall not be sold if the sum for which the warrant was issued and the charges of taking and keeping the distress have been paid.

(11) Subject to any direction to the contrary in the warrant, where the distress is levied on household goods, the goods shall not, without the consent in writing of the person against whom the distress is levied, be removed from the house until the day of sale; and so much of the goods shall be impounded as is in the opinion of the person executing the warrant sufficient to satisfy the distress, by affixing to the articles impounded a conspicuous mark.

(12) The person charged with the execution of any such warrant as aforesaid shall cause the distress to be sold, and may deduct out of the amount realised by the sale all costs and charges incurred in effecting the sale; and he shall return to the owner the balance, if any, after retaining the amount of the sum for which the warrant was issued and the proper costs and charges of the execution of the warrant.

(13) The person charged with the execution of any such warrant as aforesaid shall as soon as practicable send to the court officer for the court that issued it a written account of the costs and charges incurred in executing it; and the court officer shall allow the person against whom the distress was levied to inspect the account within one month after the levy of the distress at any reasonable time to be appointed by the court.

(14) If any person pays or tenders to the person charged with the execution of any such warrant as aforesaid the sum mentioned in the warrant, or produces a receipt for that sum given by the court officer for the court that issued the warrant, and also pays the amount of the costs and charges of the distress up to the time of the payment or tender or the production of the receipt, the person as aforesaid shall not execute the warrant, or shall cease to execute it, as the case may be.

Payment after imprisonment imposed by magistrates’ court

52.8

(1) The persons authorised for the purposes of section 79(2) of the Magistrates’ Courts Act 1980[^f00410] to receive a part payment are—

(a) unless there has been issued a warrant of distress or commitment, the court officer for the court enforcing payment of the sum, or any person appointed under section 88 of that Act to supervise the offender;

(b) where the issue of a warrant of commitment has been suspended on conditions which provide for payment to be made to the court officer for another magistrates’ court, that court officer;

(c) any constable holding a warrant of distress or commitment or, where the warrant is directed to some other person, that person; and

(d) the governor or keeper of the prison or place in which the defaulter is detained, or other person having lawful custody of the defaulter:

Provided that—

(i) the said governor or keeper shall not be required to accept any sum tendered in part payment under the said section 79(2) of the 1980 Act except on a week-day between 9 o’clock in the morning and 5 o’clock in the afternoon, and

(ii) no person shall be required to receive in part payment under the said subsection (2) an amount which, or so much of an amount as, will not procure a reduction of the period for which the defaulter is committed or ordered to be detained.

(2) Where a person having custody of a defaulter receives payment of any sum he shall note receipt of the sum on the warrant of commitment.

(3) Where the magistrates’ court officer for a court other than the court enforcing payment of the sums receives payment of any sum he shall inform the magistrates’ court officer for the other court.

(4) Where a person appointed under section 88 of the 1980 Act[^f00411] to supervise an offender receives payment of any sum, he shall send it forthwith to the magistrates’ court officer for the court which appointed him.

Order for supervision made by magistrates’ court

52.9

(1) Unless an order under section 88(1) of the Magistrates’ Courts Act 1980 is made in the offender’s presence, the court officer for the court making the order shall deliver to the offender, or serve on him by post, notice in writing of the order.

(2) It shall be the duty of any person for the time being appointed under the said section to advise and befriend the offender with a view to inducing him to pay the sum adjudged to be paid and thereby avoid committal to custody and to give any information required by a magistrates’ court about the offender’s conduct and means.

Transfer of magistrates’ court fine order

52.10

(1) The court officer for a magistrates’ court which has made a transfer of fine order under section 89 or 90 or section 90 as applied by section 91 of the Magistrates’ Courts Act 1980[^f00412] shall send to the clerk of the court having jurisdiction under the order a copy of the order.

(2) Where a magistrates’ court has made a transfer of fine order in respect of a sum adjudged to be paid by a court in Scotland or in Northern Ireland the court officer shall send a copy of the order to the clerk of the Scottish court or to the clerk of the Northern Irish court, as the case may be.

(3) Where a court officer receives a copy of a transfer of fine order (whether made in England and Wales, or in Scotland or in Northern Ireland) specifying his court as the court by which payment of the sum in question is to be enforceable, he shall thereupon, if possible, deliver or send by post to the offender notice in writing.

(4) Where under a transfer of fine order a sum adjudged to be paid by a Scottish court or by a Northern Irish court is enforceable by a magistrates’ court—

(a) if the sum is paid, the court officer shall send it to the clerk of the Scottish court or to the clerk of the Northern Irish court, as the case may be; or

(b) if the sum is not paid, the court officer shall inform the clerk of the Scottish court or the clerk of the Northern Irish court, as the case may be, of the manner in which the adjudication has been satisfied or that the sum, or any balance thereof, appears to be irrecoverable.

Directions by magistrates’ court that money found on defaulter shall not be applied in satisfaction of debt

52.11

Where the defaulter is committed to, or ordered to be detained in, a prison or other place of detention, any direction given under section 80(2) of the Magistrates’ Courts Act 1980 shall be endorsed on the warrant of commitment.

Particulars of fine enforcement to be entered in magistrates’ court register

52.12

(1) Where the court on the occasion of convicting an offender of an offence issues a warrant of commitment for a default in paying a sum adjudged to be paid by the conviction or, having power to issue such a warrant, fixes a term of imprisonment under section 77(2) of the Magistrates’ Courts Act 1980[^f00413], the reasons for the court’s action shall be entered in the register, or any separate record kept for the purpose of recording particulars of fine enforcement.

(2) There shall be entered in the register, or any such record, particulars of any—

(a) means inquiry under section 82 of the 1980 Act[^f00414];

(b) hearing under subsection (5) of the said section 82;

(d) direction that such a sum shall be paid by instalments including any direction varying the number of instalments payable, the amount of any instalments payable and the date on which any instalment becomes payable;

(e) distress for the enforcement of such a sum;

(f) attachment of earnings order for the enforcement of such a sum;

(g) decision of the Secretary of State to make deductions from income support under section 24 of the Criminal Justice Act 1991[^f00415];

(h) order under the 1980 Act placing a person under supervision pending payment of such a sum;

(i) order under section 85(1) of the 1980 Act[^f00416] remitting the whole or any part of a fine;

(j) order under section 120(4) of the 1980 Act[^f00417] remitting the whole or any part of any sum enforceable under that section (forfeiture of recognizance);

(k) authority granted under section 87(3) of the 1980 Act[^f00418] authorising the taking of proceedings in the High Court or county court for the recovery of any sum adjudged to be paid by a conviction;

(l) transfer of fine order made by the court;

(m) order transferring a fine to the court;

(n) order under section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000[^f00419] specifying the court for the purpose of enforcing a fine imposed or a recognizance forfeited by the Crown Court; and

(o) any fine imposed or recognizance forfeited by a coroner which has to be treated as imposed or forfeited by the court;

(p) reference by a justice of the peace of an application under section 77(5) of the 1980 Act[^f00420] for a review of the terms on which a warrant of commitment is postponed; or

(q) order under section 77(3) of the 1980 Act[^f00421] varying the time for which or the conditions subject to which a warrant of commitment is postponed.

[Note. For the requirement to keep a register, see rule 5.4.]

Payment after Attendance Centre order

52.13

(1) Where any person is ordered, under section 60 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00422], to attend at an attendance centre in default of payment of a sum of money, payment may thereafter be made—

(a) of the whole of the said sum, to the court officer for the magistrates’ court which made the order, or

(b) of the whole or, subject to paragraph (2), any part of the said sum, to the officer in charge of the attendance centre specified in the order (‘the officer in charge’).

(2) The officer in charge may not accept a part payment that would not secure the reduction by one or more complete hours of the period of attendance specified in the order.

(3) On receiving a payment under paragraph (1) the court officer shall forthwith notify the officer in charge.

(4) The officer in charge shall pay any money received by him under paragraph (1) above to the court officer and shall note the receipt of the money in the register maintained at the attendance centre.

PART 53 — COMPENSATION ORDERS

Contents of this Part

Review of compensation order made by a magistrates’ court	rule 53.1

Review of compensation order made by a magistrates’ court

53.1

(1) An application under section 133 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00423] for the review of a compensation order shall be by complaint.

(2) The court officer for the magistrates’ court to which the complaint is made shall send a letter to the person for whose benefit the compensation order was made, inviting him to make observations and to attend any hearing of the complaint and advising him of his right to be heard.

PART 54 — CONDITIONAL DISCHARGE

Contents of this Part

Further offence committed after offender conditionally
discharged by a magistrates’ court	rule 54.1

Further offence committed after offender conditionally discharged by a magistrates’ court

54.1

(1) Where a magistrates’ court deals with a person under section 13 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00424] in relation to an order for conditional discharge which was not made by that court the court officer shall give notice of the result of the proceedings to the court officer for the court by which the order was made.

(2) The court officer for a magistrates’ court receiving a notice under this rule shall note the decision of the other court in the register.

[Note. For the requirement to keep a register, see rule 5.4.]

PART 55 — ROAD TRAFFIC PENALTIES

Contents of this Part

Endorsement of driving licence by a magistrates’ court	rule 55.1
Application to magistrates’ court for removal of a disqualification	rule 55.2
Application to court for review of course provider’s refusal to issue a
certificate of satisfactory completion of driving course	rule 55.3
Statutory declaration under section 72 or 73 of the
Road Traffic Offenders Act 1988	rule 55.4
Appeal against recognition of a foreign driving disqualification	rule 55.5

Endorsement of driving licence by a magistrates’ court

55.1

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