Power of a justices’ clerk where the FPR are applied
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Memorandwm Esboniadol
18.—(1) Subject to the Justices’ Clerks Rules 2005(1), a justices’ clerk may perform all the functions which a single justice may perform in accordance with rule 2.5(1)(c)(ii) of the FPR.
(2) Where a justices’ clerk—
(a)is performing the function of a single justice in accordance with paragraph (1); and
(b)considers, for whatever reason, that it is inappropriate to perform the function,
the justices’ clerk must refer the matter to the magistrates’ court which may perform the function.
(3) Paragraph (1) applies irrespective of whether proceedings are treated by the court as family proceedings by virtue of section 65 of the 1980 Act.
(1)
S.I. 2005/545; amended by S.I. 2011/633; there are other amending instruments but none is relevant.