The Magistrates' Courts (Foreign Travel Orders) Rules 2004

Statutory Instruments

2004 No. 1051

MAGISTRATES' COURTS, ENGLAND AND WALES

PROCEDURE

The Magistrates' Courts (Foreign Travel Orders) Rules 2004

Made

5th April 2004

Laid before Parliament

6th April 2004

Coming into force

1st May 2004

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 1980(1), after consultation with the rule committee appointed under the said section 144, hereby makes the following Rules:

Citation, commencement and interpretation

1.  These Rules may be cited as the Magistrates' Courts (Foreign Travel Orders) Rules 2004 and shall come into force on 1 May 2004.

2.  In these Rules—

(a) a reference to a numbered section is a reference to the section so numbered in the Sexual Offences Act 2003(2); and

(b) a reference to a Schedule is a reference to a Schedule to these Rules.

Foreign travel orders

3.—(1) An application for a foreign travel order under section 114(1) may be in the form set out in Schedule 1.

(2) A summons directed to the defendant requiring him to appear before a magistrates' court to answer an application referred to in paragraph (1) may be in the form set out in Schedule 2.

(3) A foreign travel order shall be in the form set out in Schedule 3.

(4) As soon as reasonably practicable after a foreign travel order has been made, the Justices' Chief Executive shall serve a copy of that order on the defendant. Any copy of an order required to be sent under these Rules to the defendant shall be either given to him in person or sent by post to his last known address and, if so given or sent, shall be deemed to have been received by him, unless the defendant proves that it was not received by him.

Time limit for service of a notice under section 116(6)

4.  If the defendant wishes to serve on the applicant a notice under section 116(6)(3), he must do so no later than 3 days before the hearing date for the application for the foreign travel order.

Falconer of Thoroton, C.

Date 5th April 2004

Rule 3(1)

SCHEDULE 1

FORMApplication for [Foreign Travel Order](Sexual Offences Act 2003, s[114(1)]

Rule 3(2)

SCHEDULE 2

FORMSummons on Application for [Foreign Travel Order] (Sexual Offences Act 2003) [s114]

Rule 3(3)

SCHEDULE 3

FORMForeign Travel Orders (Sexual Offences Act 2003, s114)

Explanatory Note

(This note is not part of the Rules)

These Rules provide forms which may be used for applications for foreign travel orders under section 114 of the Sexual Offences Act 2003; for the summons to be served on the defendant in relation to such applications; and the form which should be used for the orders themselves. The Rules provide for service of the order and provide that a notice requiring proof that the condition in section 116(4)(b) is met should be served not later than 3 days before the date of the hearing of the application.

(1)

1980 c. 43.

(2)

2003 c. 42.

(3)

Section 116(6) provides for service of a notice disputing that the condition in section 116(4)(b) is met ie that an offence committed outside the United Kingdom would have constituted a relevant offence if committed in the United Kingdom.