The Magistrates' Courts Rules 1981

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1. Introductory Text

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   GENERAL

   1. 1. Citation, operation and revocations

   2. 2. Interpretation

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

   4. 3A. —Case management

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   INFORMATION AND COMPLAINT

   1. 4. Information and complaint

   2. 4A. Deposition etc. of reluctant witness

   3. 4B. Prosecutor’s notice to other party: right to object to written evidence being read at trial without further evidence

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   PROCEEDINGS PRELIMINARY TO TRIAL ON INDICTMENT

   1. 5. Restrictions on reports of committal proceedings

   2. 6. Committal for trial without consideration of evidence

   3. 7. Consideration of evidence at committal proceedings

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

   5. 9. Notice to governor of prison of committal on bail

   6. 10. Notices on committal of person subject to transfer direction

   7. 11. Material to be sent to court of trial

   8. 11A. (1) As soon as practicable after any person is sent...

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   SUMMARY TRIAL OF INFORMATION AND HEARING OF COMPLAINT

   1. 12. Information to be for one offence only

   2. 13. Order of evidence and speeches: information

   3. 13A. Procedure on information where accused is not legally represented

   4. 14. Order of evidence and speeches: complaint

   5. 15. Adjournment of trial of information

   6. 16. Record of Adjudication

   7. 17. Committals for sentence, etc.

   8. 18. Committal to Crown Court for order restricting discharge, etc.

   9. 19. Remittals to another magistrates' court for sentence, etc.

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

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   SUMMARY TRIAL OF OFFENCE TRIABLE EITHER WAY

   1. 21. Duty to recall witnesses who have given evidence before examining justices

   2. 22. Preservation of depositions where offence friable either way is dealt with summarily

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   REMAND

   1. 23. Remand on bail for more than 8 days where sureties have not entered into recognizances

   2. 24. Documents to be sent on remand for medical inquiry

   3. 25. Transfer of remand hearings

   4. 26. Notice of further remand in certain cases

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   DEFERMENT OF SENTENCE

   1. 27. Notification of conviction before expiration of period of deferment

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   CONDITIONAL DISCHARGE ...

   1. 28. Notification in relation to an order for conditional discharge

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    SUSPENDED SENTENCES

    1. 29. Entries in register in respect of suspended sentences

    2. 30. Suspended sentence supervision orders

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    HOSPITAL ORDER

    1. 31. Documents to be sent under Mental Health Act 1959

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    ENDORSEMENT

    1. 32. Endorsement of driving licence

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    DEPOSITION OF PERSON DANGEROUSLY ILL

    1. 33. Deposition of person dangerously ill

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    APPEAL TO MAGISTRATES' COURT

    1. 34. Appeal to be by complaint

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    AFFILIATION ORDERS

    1. 35. Time for hearing affiliation summons

    2. 35A. Application for sums under affiliation order to be paid to person having custody of child

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    DOMESTIC PROCEEDINGS

    1. 36. Reasons for decisions in certain domestic proceedings to be recorded

    2. 37. Copies of records to be supplied in connection with appeals

    3. 38. Certification of records

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    ORDERS FOR PERIODICAL PAYMENTS

    1. 39. Method of making periodical payments

    2. 40. Duty of clerk to notify arrears of periodical payments

    3. 41. Revocation, variation, etc., of orders for periodical payments

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

    5. 43. Service of copy of order

    6. 44. Remission of sums due under order

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

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    SATISFACTION, ENFORCEMENT AND APPLICATION OF PAYMENTS

    1. 46. Notice to defendant of fine or forfeited recognizance

    2. 47. Registration and notification of financial penalty enforcement order

    3. 48. To whom payments are to be made

    4. 49. Duty of clerk to give receipt

    5. 50. Relief of collecting officer

    6. 51. Application for further time

    7. 52. Notice of date of hearing of means inquiry etc.

    8. 52A. Review of terms of postponement of warrant of commitment

    9. 53. Notice to defendant before enforcing order

    10. 54. Execution of distress warrant

    11. 55. Payment after imprisonment imposed

    12. 56. Order for supervision

    13. 57. Transfer of fine order

    14. 57A. Payment of money in bank or building society account in satisfaction of confiscation order

    15. 58. Civil debt: judgment summons

    16. 59. Enforcement of affiliation orders, etc.

    17. 60. Enforcement where periodical payments made under more than one order

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

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

    20. 63. Notice of date of reception in custody and discharge

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

    22. 65. Particulars of fine enforcement to be entered in register

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    REGISTER

    1. 66. Register of convictions, etc.

    2. 66A. Registration of endorsement of licence under section 34 of the Transport Act 1982

    3. 66B. Registration of certificate issued under section 36 of the Transport Act 1982

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    EVIDENCE—GENERAL

    1. 67. Proof of service, handwriting, etc.

    2. 68. Proof of proceedings

    3. 69. Proof that affiliation, maintenance orders, etc., have not been revoked, etc.

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    EVIDENCE—CRIMINAL PROCEEDINGS

    1. 70. Evidence in committal proceedings and written statements in summary trial

    2. 71. Proof by formal admission

    3. 72. Proof of previous convictions

    4. 72A. Procedure for the admission of evidence of bad character

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

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    APPEAL TO CROWN COURT

    1. 74. Documents to be sent to Crown Court

    2. 75. Abandonment of appeal

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    CASE STATED

    1. 76. Application to state case

    2. 77. Consideration of draft case

    3. 78. Preparation and submission of final case

    4. 79. Extension of time limits

    5. 80. Service of documents

    6. 81. Content of case

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    RECOGNIZANCES AND BAIL

    1. 82. Recognizance to keep the peace, etc., taken by one court and discharged by another

    2. 83. Application to vary order for sureties or dispense with them

    3. 84. Notice of enlargement of recognizances

    4. 84A. Procedure on application for bail following grant of conditional police bail

    5. 85. Directions as to security, etc.

    6. 86. Requirements to be complied with before release

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

    8. 88. Release when recognizances have been taken or requirements complied with

    9. 89. Procedure under s. 13 of the Courts Act 1971

    10. 90. Bail records to be entered in register

    11. 90A. Notes of argument in bail hearings

    12. 90B. Records to be kept where warrant is endorsed for bail

    13. 91. Notice of change of time for appearance

    14. 92. Notification of bail decision after arrest while on bail

    15. 93. Variation of arrangements for bail on committal to Crown Court

    16. 93A. Procedure where prosecution appeals against a decision to grant bail

    17. 93B. Procedure on reconsideration of a decision to grant bail

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    WARRANT

    1. 94. Committal to custody to be by warrant

    2. 95. Warrant to be signed

    3. 95A. Warrant issued out of hours

    4. 96. Warrant of arrest

    5. 97. Warrant of commitment

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    SUMMONS

    1. 98. Form of summons

    2. 99. Service of summons, etc.

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    FORM IN WHICH OFFENCE MAY BE STATED IN DOCUMENTS

    1. 100. Statement of offence

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    MISCELLANEOUS

    1. 101. Application for, and notice to be given of, order under s. 95 of, or paragraph 7 of Schedule 10 to, Road Traffic Act 1972

    2. 101A. Applications under section 34B(6) or (7) of the Road Traffic Offenders Act 1988

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

    4. 103. Application for substitution of conditional discharge for probation

    5. 104. Application for review of compensation order

    6. 104A. Statements etc, relevant to making confiscation orders under the Criminal Justice Act 1988

    7. 104B. Postponed determinations under the Criminal Justice Act 1988

    8. 104C. Confiscation orders— revised assessments

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

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

    11. 107. Application for summons to witness or warrant for his arrest

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

    13. 109. Signature of forms prescribed by rules made under the Act of 1980

    14. 110. Cessation of Transfer Direction

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

    16. 112. Statutory declaration under section 37 of the Transport Act 1982

    17. 113. Composition of committee of magistrates for inner London area

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

29. Signature

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       SCHEDULE

       REVOCATIONS

31. Explanatory Note