The Magistrates' Courts (Amendment) Rules 1997

Amendment of Magistrates' Courts Rules 1981

14.  In rule 70—

(a) in paragraph (1) for the words “under section 102” there shall be substituted “in accordance with section 5B”;

(b) in paragraph (2)—

(i) for the words “when a copy of such statement” there shall be substituted—

• “When a copy of any of the following evidence, namely—

  (a)

  evidence tendered in accordance with section 5A of the Act of 1980, or

  (b)

  a written statement tendered in evidence under section 9 of the Criminal Justice Act 1967,”;

(ii) for the words “statement and of any exhibit which accompanied it” there shall be substituted “evidence in question”; and

(iii) after the words “any such statement” there shall be inserted “as is referred to in sub-paragraph (b)”;

(c) paragraph (3) shall be omitted;

(d) in paragraph (4)—

(i) for the words from the beginning to “or 9” there shall be substituted—

• “Where—

  (a)

  a statement or deposition to be tendered in evidence in accordance with section 5A of the Act of 1980; or

  (b)

  a written statement to be tendered in evidence under section 9 of the Criminal Justice Act 1967,”;

(ii) after the word “statement”, wherever else it occurs, there shall be inserted “or deposition”; and

(iii) the word “written”, in the second place where it occurs, shall be omitted;

(e) in paragraph (5)—

(i) for the words “written statement” where they first appear there shall be substituted “any evidence tendered in accordance with the said section 5A or a written statement tendered in evidence under section 9 of the Criminal Justice Act 1967”; and

(ii) in sub-paragraph (a) for the words from the beginning to “section 102” there shall be substituted “in the case of any evidence tendered in accordance with the said section 5A, but subject to paragraph (5A),” and for the words “the statement” there shall be substituted the words “the evidence”;

(f) after paragraph (5) there shall be inserted—

“(5A) where the nature of the evidence referred to in paragraph (5)(a) is such that it is not possible to write on it, the words set out in that sub-paragraph shall instead be written on a label or other mark of identification which clearly identifies the part of the evidence to which the words relate and contains the signature and name of an examining justice in accordance with that sub-paragraph.”;

(g) for paragraph (6) there shall be substituted—

“(6) Where, before a magistrates' court,—

(a) a statement or deposition is tendered in evidence in accordance with the said section 5A, or

(b) a written statement is tendered in accordance with the said section 9,

the name of the maker of the statement or deposition shall be read aloud unless the court otherwise directs.”.

(h) for paragraph (7) there shall be substituted—

“(7) Where—

(a) under section 5B(4), 5C(4), 5D(5) or 5E(3) of the Act of 1980; or

(b) under sub-section (6) of the said section 9,

in any proceedings before a magistrates' court any part of the evidence has to be read out aloud, or an account has to be given orally of so much of any evidence as is not read out aloud, the evidence shall be read or the account given by or on behalf of the party which has tendered the evidence.”;

(i) in paragraph (8) for the words “written statements tendered in evidence under the said section 102” there shall be substituted “statements and depositions tendered in evidence in accordance with the said section 5A”;

(j) for paragraph (9) there shall be substituted—

“(9) Where, before a magistrates' court—

(a) evidence is tendered as indicated in paragraph (2)(a), retained by the court, and not sent to the Crown Court under rule 11, or

(b) a written statement is tendered in evidence as indicated in paragraph (2)(b) and not sent to the Crown Court under rule 17 or 18,

all such evidence shall, subject to any direction of the court in respect of non-documentary exhibits falling within sub-paragraph (a), be preserved for a period of three years by the clerk of the magistrates' court.”.