The Criminal Procedure Rules 2020

Exercise of functions of a magistrates’ court E+W

2.8.—(1) This rule provides for the exercise by an authorised court officer of relevant judicial functions of a magistrates’ court in a criminal cause or matter.

(2) Subject to rule 2.4 and to paragraph (12) of this rule, an authorised court officer may—

(a) fix, cancel or vary the date, time or place for a hearing, including a trial, or adjourn a hearing;

(b) adjourn, remit or transfer proceedings from one local justice area to another;

(c) determine an application to extend a time limit set by a rule or by the court, unless the effect would be—

(i) to affect the date of any hearing that has been fixed, including a trial, or

(ii) significantly to affect the progress of the case in any other way;

(d) issue a summons at the request of a public prosecutor, or under section 16B of the Magistrates’ Courts Act 1980(1) (Cases not tried in accordance with section 16A) or section 83 of that Act(2) (Process for securing attendance of offender);

(e) give a prosecutor permission to withdraw a case;

(f) grant bail where the defendant already is on bail and—

(i) the conditions, if any, to which that bail is subject will remain the same, or

(ii) bail conditions will be varied or imposed with both parties’ agreement;

(g) give consent for another magistrates’ court to deal with a defendant for an offence in respect of which the defendant, when an adult, was discharged conditionally;

(h) order a convicted defendant to produce his or her driving licence;

(i) require a statement of the defendant’s assets and other financial circumstances;

(j) amend an attendance centre order to—

(i) vary the day or hour specified in that order for the defendant’s first attendance, or

(ii) substitute an alternative centre;

(k) amend the local justice area or responsible officer named in an order of the court;

(l) amend a sentence or order by requiring it to be completed in Northern Ireland or Scotland;

(m) extend the time for service of a statutory declaration to which applies—

(i) rule 44.2 (Statutory declaration of ignorance of proceedings), or

(ii) rule 29.4 (Statutory declaration to avoid fine after fixed penalty notice);

(n) fix a later time at which a defendant must attend court for the purposes of an enquiry or hearing under section 82 of the Magistrates’ Courts Act 1980(3) (Restriction on power to impose imprisonment for default);

(o) conduct a means enquiry;

(p) make a collection order;

(q) issue a warrant of control;

(r) extend the time for payment of a fine or sum to which Part 30 (Enforcement of fines and other orders for payment) applies;

(s) vary an order for the payment by instalments of such a fine or sum;

(t) make a transfer of fine order;

(u) make a disclosure order under section 125CA Magistrates’ Courts Act 1980(4) (Power to make disclosure order) for the purposes of securing the execution of a warrant;

(v) make an attachment of earnings order;

(w) make or withdraw an application for deductions to be made from a defendant’s benefit payments; and

(x) take any step listed in paragraph 38 of Schedule 5 to the Courts Act 2003(5) (range of further steps available against defaulters).

(3) In addition to the functions listed in paragraph (2), subject to rule 2.4 and to paragraph (12) of this rule an authorised court officer who is legally qualified may exercise the other functions of a magistrates’ court listed in paragraphs (4) to (11).

(4) In connection with the rules about general matters (Parts 1 to 6)—

(a) exercising the powers to which section 50 of the Crime and Disorder Act 1998(6) (Early administrative hearings) refers, where that section applies and subject to the restrictions that it contains;

(b) giving, varying or revoking a live link direction under Part IIIA of the Crime and Disorder Act 1998(7) (Live links for accused’s attendance at certain preliminary, sentencing and other hearings);

(c) determining an application to extend a time limit set by a rule or by the court;

(d) giving, varying or revoking an order for separate or joint trials in respect of two or more defendants or two or more offences, if all parties agree;

(e) giving, varying or revoking directions for the conduct of proceedings, including—

(i) the timetable for the case,

(ii) the attendance of the parties,

(iii) the service of documents (including summaries of any legal arguments relied on by the parties),

(iv) the manner in which evidence is to be given, insofar as this rule makes no other provision and except the making, varying or revocation of a witness anonymity order;

(f) determining an application under rule 5.7(5) (supply to a party of information or documents from records or case materials; information to which paragraph (4) of that rule does not apply) where—

(i) rule 5.7(6) applies (information about the grounds on which an order was made, or a warrant was issued, in the absence of the party or person applying for that information), and

(ii) no notice of objection under that paragraph is given within the time for which that paragraph provides;

(g) imposing a reporting restriction under section 45 of the Youth Justice and Criminal Evidence Act 1999(8) (identity of a person under 18) where there is no objection to the order;

(h) giving permission for proceedings to be recorded; and

(i) asking a court security officer to remove a person from a courtroom.

(5) In connection with the rules about preliminary proceedings (Parts 7 to 12)—

(a) issuing a summons and giving directions for service;

(b) under section 4 of the Summary Jurisdiction (Process) Act 1881(9), endorsing a summons or warrant issued by a court in Scotland;

(c) giving a prosecutor permission to withdraw a charge;

(d) dismissing a prosecution where the prosecutor offers no evidence;

(e) amending a charge; and

(f) sending a defendant to the Crown Court for trial where the only condition for sending is—

(i) that prescribed by section 51(2)(a), of the Crime and Disorder Act 1998(10) (offence triable only on indictment other than one in respect of which notice is given under section 51B or 51C of that Act(11)), or

(ii) the service of a notice under section 51B or 51C of that Act (prosecutor’s notice requiring sending for trial in a case of serious or complex fraud or a case in which a child is to be called as a witness).

(6) In connection with the rules about custody and bail (Parts 13 and 14)—

(a) issuing or withdrawing a warrant for a person’s arrest to secure that the person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of that person to the issue of the warrant; and

(b) granting bail where—

(i) the defendant is present,

(ii) the prosecutor agrees to the grant of bail, and

(iii) the conditions, if any, to which that bail will be subject will remain the same as before, or will be varied or imposed with the parties’ agreement.

(7) In connection with the rules about evidence (Parts 16 to 23)—

(a) requiring a person who has made a written statement to attend before the court to give evidence;

(b) issuing a witness summons and giving directions for its service; and

(c) exercising the court’s functions listed in rule 23.2 (Appointment of advocate to cross-examine witness) and appointing such an advocate as that rule describes (but a court officer may not decline to appoint such an advocate where that rule applies).

(8) In connection with the rules about trial (Parts 24 to 27)—

(a) convicting a defendant who has pleaded guilty;

(b) requesting a pre-sentence report where a defendant pleads guilty; and

(c) directing the commissioning of a medical report.

(9) In connection with the rules about appeal (Parts 34 to 44)—

(a) stating a case for the opinion of the High Court where the decision under appeal was made by an authorised court officer; and

(b) requiring the appellant to enter into a recognizance under section 114 of the Magistrates’ Courts Act 1980(12) on an application to state a case for the opinion of the High Court.

(10) In connection with the rules about costs (Part 45)—

(a) making or varying an order for a party to pay costs, if both parties agree;

(b) making or varying an order for another person to pay costs, if that person agrees; and

(c) making a costs order to which rule 45.4 (Costs out of central funds) applies.

(11) In connection with the rules about other proceedings (Parts 46 to 50)—

(a) making a legal aid representation order on an appeal against a refusal of legal aid (but a court officer may not decline to make such an order); and

(b) determining an application for a change of legal representative.

(12) An authorised court officer who is not a justices’ legal adviser may not exercise a function of the court in a case in which a District Judge (Magistrates’ Courts), a lay justice or a justices’ legal adviser so directs.

[Note. See also—

(a) rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers; and

(b) rule 3.6 (Application to vary a direction).

Under section 148 of the Magistrates’ Courts Act 1980(13), the expression ‘magistrates’ court’ means any justice or justices of the peace acting under any enactment or by virtue of their commission or under the common law. For a court’s power to try an allegation of an offence, see the note to rule 24.1 (Trial and sentence in a magistrates’ court; When this Part applies).

Under section 50 of the Crime and Disorder Act 1998(14), where a defendant has been charged with an offence at a police station the magistrates’ court before whom he or she appears or is brought for the first time in relation to the charge may consist of a single justice; and where on such an occasion the powers of a single justice are exercised by an authorised court officer that court officer may not remand the defendant in custody or, without the consent of the prosecutor and the defendant, remand the defendant on bail on conditions other than those (if any) previously imposed.

Under section 8B(3) of the Magistrates’ Courts Act 1980(15), a magistrates’ court may discharge or vary (or further vary) a pre-trial ruling within the meaning of section 8A of that Act(16) if the court has given the parties an opportunity to be heard and if, among other things, there has been a material change of circumstances since the ruling was made or, if a previous application has been made, since the application (or last application) was made.

Under section 53(4) of the Courts Act 2003(17), a court security officer acting in the execution of that officer’s duty may remove any person from a courtroom at the request of a judge or a justice of the peace.]

Commencement Information

I1 Rule 2.8 in force at 5.10.2020, see Preamble

(1)

1980 c. 43; section 16B was inserted by section 48 of the Criminal Justice and Courts Act 2015 (c. 2).

(2)

1980 c. 43; section 83 was amended by articles 46 and 47 of S.I. 2006/1737 and sections 97(2) and 106 of, and Part V (table 8) of Schedule 15 to, the Access to Justice Act 1999 (c. 22).

(3)

1980 c. 43; section 82 was amended by section 77 of, and paragraph 52 of Schedule 14 to, the Criminal Justice Act 1982 (c. 48), sections 61 and 123 of, and paragraphs 1 and 2 of Schedule 8 to, the Criminal Justice Act 1988 (c. 33), section 55 of and paragraph 10 of Schedule 4 to the Crime (Sentences) Act 1997 (c. 43), paragraph 220 of Schedule 8 to the Courts Act 2003 (c. 39), section 62 of, and paragraphs 45 and 51 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15) and section 179 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) and section 54 of, and paragraphs 2 and 3 of Schedule 12 to, the Criminal Justice and Courts Act 2015 (c. 2). It is further amended by paragraphs 58 and 63 of Part II of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c. 43) and Part 7 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), with effect from dates to be appointed.

(4)

1980 c. 43; section 125CA was inserted by section 28 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) and amended by section 62 of, and paragraphs 45 and 60 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(5)

2003 c. 39; paragraph 38 of Schedule 5 was amended by articles 2, 4 and 26 of S.I. 2006/1737, section 62 of, and paragraphs 148 and 149 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15), section 80 of the Criminal Justice and Immigration Act 2008 (c. 4) and section 88 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(6)

1998 c. 37; section 50 was amended by section 106 of, and Schedule 15 to, the Access to Justice Act 1999 (c. 22), sections 41 and 332 of, and paragraphs 15 and 16 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), regulation 8 of S.I. 2006/2493 and section 39 of, and paragraphs 46 and 47 of Schedule 5 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). It is further amended by section 3 of, and paragraphs 20 and 22 of the Schedule to, the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).

(7)

1998 c. 37; Part IIIA was substituted by section 45 of the Police and Justice Act 2006 (c. 48).

(8)

1999 c. 23.

(9)

1881 c. 24.

(10)

1998 c. 37; section 51 was substituted by paragraphs 15 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and amended by section 52 of the Criminal Justice and Courts Act 2015 (c. 2).

(11)

1998 c. 37; sections 51B and 51C were inserted by paragraphs 15 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44). Section 51B was amended by section 50 of, and paragraph 69 of Schedule 4 to, the Commissioners for Revenue and Customs Act 2005 (c. 11), paragraphs 46 and 48 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and article 3 of, and paragraphs 14 and 15 of Schedule 2 to, S.I. 2014/834. Section 51C was modified by section 63 of, and paragraph 36 of Schedule 6 to, the Serious Crime Act 2007 (c. 27) and amended by regulations 8 and 9 of S.I. 2016/244.

(12)

1980 c. 43; section 114 was amended by section 90 of, and paragraphs 95 and 113 of Schedule 13 to, the Access to Justice Act 1999 (c. 22) and section 109 of, and paragraph 235 of Schedule 8 to, the Courts Act 2003 (c. 39). It is further amended by section 3 of, and paragraphs 5 and 7 of the Schedule to, the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c 33).

(13)

1980 c. 43; section 148 was amended by section 109 of, and paragraph 248 of Schedule 8 to, the Courts Act 2003 (c. 39).

(14)

1998 c. 37; section 50 was amended by section 106 of, and Schedule 15 to, the Access to Justice Act 1999 (c. 22), sections 41 and 332 of, and paragraphs 15 and 16 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), regulation 8 of S.I. 2006/2493 and section 39 of, and paragraphs 46 and 47 of Schedule 5 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). It is further amended by section 3 of, and paragraphs 20 and 22 of the Schedule to, the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).

(15)

1980 c. 43; section 8B was inserted by section 45 of, and Schedule 3 to, the Courts Act 2003 (c. 39) and amended by paragraph 51 of Schedule 3, and Part 4 of Schedule 37, to the Criminal Justice Act 2003 (c. 44).

(16)

1980 c. 43; section 8A was inserted by section 45 of, and Schedule 3 to, the Courts Act 2003 (c. 39) and amended by SI 2006/2493 and paragraphs 12 and 14 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(17)

2003 c. 39.