The Magistrates' Courts (Miscellaneous Amendments) Rules 1994

The Magistrates' Courts Rules 1981

2.  The Magistrates' Courts Rules 1981(1) shall be amended by the insertion of the following rule after rule 104A—

“Postponed determinations under the Criminal Justice Act 1988

104B.— (1) Where an application to the magistrates' court is made by the defendant or the prosecutor under section 72A(5)(a) of the Criminal Justice Act 1988(2) asking the court to exercise its powers under section 72A(4) of that Act, such an application must be made in writing and a copy thereof must be served on the prosecutor or the defendant, as the case may be.

(2) A person who is served with a copy of an application under paragraph (1) shall, within 28 days of the date of service, notify the applicant and the clerk of the magistrates' court, in writing, whether or not he proposes to oppose the application, giving his reasons for any such opposition.

(3) After the expiry of the period referred to in paragraph (2), the court shall determine whether an application under paragraph (1) is to be dealt with—

(a) without a hearing, or

(b) at a hearing at which the parties may be represented.”.

(1)

S.I. 1981/552, relevant amending instruments are S.I. 1989/300, 1993/1183.

(2)

1988 c. 33; section 72A was inserted by section 28 of the Criminal Justice Act 1993 (c. 36).