The Magistrates' Courts Rules 1981

Changes over time for: Section 86

Alternative versions:

06/07/1981- Amendment

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Magistrates' Courts Rules 1981. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Rule 86:

Instrument am by S.I. 2005/2930 rule 2(c) Sch 1 para 3
Instrument appl by S.I. 2001/2600 rule 3
Arrangement am by S.I. 2003/1236 rules 9 10(a) (c)
Instrument applied by
Instrument applied in part (with modifications) by S.I. 2011/2866 art. 8(1)(2) Sch. 2
Arrangement rev in pt by S.I. 2003/1236 rules 9 10(b) (d)
defn of (exec rules 4.7,25,33,107) amended by
rule 84-86 inserted by S.I. 2024/254 rule 2(12)
rule 86 coming into force by S.I. 1981/552 rule 1(1)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Rules words substituted by S.I. 2005/617 Sch. para. 85
rules I2(3)-(5) 13A added by S.I. 1993/1183 rule 3(a)(b)
rules 1 l rules 1(2)(r) added by S.I. 1994/1481 rule 3(a)
rule 1 l rule 1(2)(m) amended by S.I. 1992/2072 rule 2(a)
rule 2 defn(s) added by S.I. 2003/1236 rules 9 11(a) (c)
rule 2 am by S.I. 2003/1236 rules 9 11(d) (e)
rule 2 amended by
rule 2 amended by
rule 2 amended by S.I. 1998/3046 rule 2(2)
rule 2 amended by S.I. 2000/3361 rule 2(2)
rule 2 defn(s) rev by S.I. 2003/1236 rules 9 11(b)
rule 2(1) words inserted by S.I. 2014/600 Sch. para. 1(a)
rule 2(1) words inserted by S.I. 2019/1367 rule 3
rule 2(1) words inserted by S.I. 2020/100 Sch. para. 2(2)
rule 2(1) words inserted by S.I. 2021/626 rule 2(2)
rule 2(1) words omitted by S.I. 2014/879 art. 16(a)
rule 2(3) omitted by S.I. 2014/879 art. 16(b)
rule 3 omitted by S.I. 2014/879 art. 17
rule 3 heading substituted by S.I. 2011/1329 rule 81(2)
rule 3 word substituted by S.I. 2011/1045 art. 16(a)
rule 3 heading word substituted by S.I. 2011/1045 art. 16(a)
rule 3 word substituted by S.I. 2011/1329 rule 81(3)(a)
rule 3 words inserted by S.I. 2011/1045 art. 16(b)
rule 3 heading words inserted by S.I. 2011/1045 art. 16(b)
rule 3 words substituted by S.I. 2011/1329 rule 81(3)(b)
rule 3A added (5.4.2010) by S.I. 2009/3362 rules 2 3
rule 3A(1)(h) words inserted by S.I. 2021/626 rule 2(3)
rule 3A(7)(a) words substituted by S.I. 2020/100 Sch. para. 2(3)
rule 3B inserted by S.I. 2021/626 rule 2(4)
rule 3C inserted by S.I. 2022/523 rule 2(2)
rule 3C heading substituted by S.I. 2024/254 rule 2(4)(a)
rule 3C(2)(d) words inserted by S.I. 2024/254 rule 2(4)(b)
rule 3D inserted by S.I. 2024/254 rule 2(5)
rule 4 referred to by S.I. 2005/384 rules 7.1 7.2
rule 4(4) words substituted by S.I. 2005/617 Sch. para. 68
rules 4A 4B added by S.I. 1997/706 rule 3
rules 4A 4B added by S.I. 1997/706 rule 3
rule 4A am by S.I. 2001/610 rule 4
rule 4A amended by S.I. 2000/3361 rule 2(3)
rule 4A referred to by S.I. 2005/384 rule 28.2
rule 4A substituted by S.I. 2021/626 rule 2(5)
rule 4A(1) amended by S.I. 1998/3046 rule 2(3)
rules 4B 9–11 11A 15 17–20 22 25–30 am by S.I. 2001/610 rule 3
rule 4B referred to by S.I. 2005/384 rule 27.2
rule 5 amended by S.I. 1997/706 rule 4
rule 5 amended by S.I. 1997/706 rule 4
rule 5-13A omitted by S.I. 2021/626 rule 2(12)(a)
rules 5–8 referred to by S.I. 2005/384 rules 10.1–10.4
rule 6 amended by
rule 6(1) rule 6(2) rev.in pt. amended by S.I. 1997/706 rule 5(1)(a) (b)
rule 6(1) rule 6(2) rev.in pt. amended by S.I. 1997/706 rule 5(1)(a) (b)
rule 6(3) amended by S.I. 1997/706 rule 5(1)(c)
rule 6(3) amended by S.I. 1997/706 rule 5(1)(c)
rule 6(4) (5) revoked by S.I. 1997/706 rule 5(1)(d)
rule 6(4) (5) revoked by S.I. 1997/706 rule 5(1)(d)
rule 7 head. substituted by S.I. 1997/706 rule 6
rule 7 head. substituted by S.I. 1997/706 rule 6
rule 7(2)-(13) replaced (by rule 7(2)-(7)) by S.I. 1997/706 rule 7(1)
rule 7(2)-(13) replaced (by rule 7(2)-(7)) by S.I. 1997/706 rule 7(1)
rule 8 substituted by S.I. 1997/706 rule 8
rule 8 substituted by S.I. 1997/706 rule 8
rule 9 amended by S.I. 1998/3046 rule 2(4)
rule 9 amended by S.I. 2000/3361 rule 2(4)
rules 9 10 referred to by S.I. 2005/384 rules 19.19 19.20
rule 10 amended by S.I. 1998/3046 rule 2(5)
rule 10 amended by S.I. 2000/3361 rule 2(5)
rule 10 rev in pt by S.I. 2003/1236 rules 9 12
rule 11 am by S.I. 2003/1236 rules 9 13(a) (c)
rule 11 amended by
rule 11 head. amended by S.I. 1997/706 rule 9
rule 11 head. amended by S.I. 1997/706 rule 9
rule 11 referred to by S.I. 2005/384 rule 10.5
rule 11 rev in pt by S.I. 2003/1236 rules 9 13(b) (d)
rule 11(1) revoked by S.I. 1997/706 rule 10(a)
rule 11(1) revoked by S.I. 1997/706 rule 10(a)
rule 11(2) amended by S.I. 1992/729 rule 2
rule 11(2) amended by S.I. 1997/706 rule 10(b)(i)
rule 11(2) amended by S.I. 1997/706 rule 10(b)(i)
rule 11(2)(b) substituted by S.I. 1997/706 rule 10(b)(ii)
rule 11(2)(b) substituted by S.I. 1997/706 rule 10(b)(ii)
rule 11(2)(c) substituted by S.I. 1997/706 rule 10(b)(iii)
rule 11(2)(c) substituted by S.I. 1997/706 rule 10(b)(iii)
rule 11(2)(d) revoked by S.I. 1997/706 rule 10(b)(iv)
rule 11(2)(d) revoked by S.I. 1997/706 rule 10(b)(iv)
rule 11(2)(g) (h) amended by S.I. 1997/706 rule 10(b)(v)
rule 11(2)(g) (h) amended by S.I. 1997/706 rule 10(b)(v)
rule 11(2)(i) substituted by S.I. 1997/706 rule 10(b)(vi)
rule 11(2)(i) substituted by S.I. 1997/706 rule 10(b)(vi)
rule 11(2)(o) amended by S.I. 1997/706 rule 10(b) (vi i i)
rule 11(2)(o) amended by S.I. 1997/706 rule 10(b) (vi i i)
rule 11(2X1) amended by S.I. 1997/706 rule 10(b)(vii)
rule 11(2X1) amended by S.I. 1997/706 rule 10(b)(vii)
rule 11(3) revoked by S.I. 1997/706 rule 10(c)
rule 11(3) revoked by S.I. 1997/706 rule 10(c)
rule 11A added by S.I. 1998/3046 rule 2(6)
rule 11A added by S.I. 2000/3361 rule 2(6)
rule 11A am by S.I. 2003/1236 rules 9 14(a) (c)
rule 11A referred to by S.I. 2005/384 rule 12.1
rule 11A rev in pt by S.I. 2003/1236 rules 9 14(b) (d)
rule 12 referred to by S.I. 2005/384 rule 7.3
rule 13 amended by
rules 13 13A referred to by S.I. 2005/384 rules 37.1 37.2
rule 14 referred to by S.I. 2005/384 rule 37.7
rule 15 omitted by S.I. 2021/626 rule 2(12)(b)
rule 15 referred to by S.I. 2005/384 rule 37.3
rule 15 rev in pt by S.I. 2003/1236 rules 9 15
rule 16 am by S.I. 2003/1236 rules 9 16(1) (2)
rule 16 referred to by S.I. 2005/384 rule 6.1
rule 16 rev in pt by S.I. 2003/1236 rules 9 16(3)
rule 17 am by S.I. 2003/1236 rules 9 17(1)(a) 17(1)(b) (2)
rule 17 amended by
rule 17-20 omitted by S.I. 2021/626 rule 2(12)(c)
rules 17 18 referred to by S.I. 2005/384 rules 43.1 43.2 (Pt 43) (Pt 43)
rule 17 rev in pt by S.I. 2003/1236 rules 9 17(1)(c)
rule 17(1) rev in pt and amended by S.I. 1992/2072 rule 2(b)
rule 17(1)(i) added by S.I. 1994/1481 rule 3(b)
rule 17(2) rev in pt by S.I. 1992/2072 rule 2(c)
rule 17(3) rev in pt by S.I. 1992/2072 rule 2(d)
rule 18 am by S.I. 2003/1236 rules 9 18
rule 19 am by S.I. 2003/1236 rules 9 19(1)(a)–(c) (d)(i) (2)
rule 19 referred to by S.I. 2005/384 rule 42.1 (Pt 42) (Pt 42)
rule 19 rev in pt by S.I. 2003/1236 rules 9 19(1)(d)(ii) (e)
rule 20 referred to by S.I. 2005/384 rule 7.4
rule 20 rev in pt by S.I. 2003/1236 rules 9 20
rule 21 revoked by S.I. 1997/706 rule 11
rule 21 revoked by S.I. 1997/706 rule 11
rule 22-32 omitted by S.I. 2021/626 rule 2(12)(d)
rule 22 referred to by S.I. 2005/384 rule 37.6
rule 23 referred to by S.I. 2005/384 rule 18.8
rule 24 am by S.I. 2003/1236 rules 9 21
rule 24 referred to by S.I. 2005/384 rule 49.1
rule 25 am by S.I. 2003/1236 rules 9 22(1)(a) 22(1)(b) 22(2)(b) (c)
rule 25 amended by
rule 25 referred to by S.I. 2005/384 rule 19.13
rule 25 rev in pt by S.I. 2003/1236 rules 9 22(1)(c) 22(2)(a) (d)
rule 25(1)(i) added by S.I. 1992/2073 rule 2(e)
rule 26 referred to by S.I. 2005/384 rule 19.14
rule 27 am by S.I. 2003/1236 rules 9 23
rule 27 referred to by S.I. 2005/384 rule 45.1 (Pt 45) (Pt 45)
rule 28 am (cross–heading am) by S.I. 2003/1236 rules 9 24
rule 28 referred to by S.I. 2005/384 rule 54.1 (Pt 54) (Pt 54)
rule 28 subst by S.I. 2003/1236 rules 9 25
rule 28(1) replaced by S.I. 1992/2072 rule 2(f)
rule 28(1A) amended by S.I. 1998/2167 rule 4(2)(a) (i)
rule 28(1A)(b) revoked by S.I. 1998/2167 rule 4 rule 4(2) rule 4(2)(a) (ii)
rule 28(2) amended by S.I. 1992/2072 rule 2(g)
rule 28(2) amended by S.I. 1998/2167 rule 4(2)(b) (i)
rule 28(2) amended by S.I. 1998/2167 rule 4(2)(b) (ii)
rule 28(4) added by S.I. 1992/2072 rule 2(h)
rule 28(4) substituted by S.I. 1998/2167 rule 4(2)(c)
rule 29 am by S.I. 2003/1236 rules 9 26(1) 26(2)(a)
rule 29 amended by
rules 29 30 referred to by S.I. 2005/384 rules 47.1 47.2 (Pt 47) (Pt 47)
rule 29 rev in pt by S.I. 2003/1236 rules 9 26(2)(b)
rule 29(1A) (3) revoked by S.I. 1992/2072 rule 2(1)
rule 29(2) rev in pt by S.I. 1992/2072 rule 2(j)
rule 30 am by S.I. 2003/1236 rules 9 27(1)(a) 27(2)(a) (3)
rule 30 rev in pt by S.I. 2003/1236 rules 9 27(1)(b) 27(2)(b)
rule 31 referred to by S.I. 2005/384 rule 49.2
rule 32 am by S.I. 2001/610 rules 3 7
rule 32 referred to by S.I. 2005/384 rule 55.1
rule 32(1)(a) words substituted by S.I. 2005/617 Sch. para. 69
rule 33 revoked by S.I. 1997/706 rule 12
rule 33 revoked by S.I. 1997/706 rule 12
rule 35A revoked by
rule 36 amended by
rule 36 amended by
rule 38 am by S.I. 2001/610 rule 3
rule 38 omitted by S.I. 2014/879 art. 17
rule 39 am by S.I. 2001/610 rules 3 8
rule 39 am by S.I. 2005/2930 rule 2(c) Sch 1 para 4
rule 39 substituted by S.I. 1992/457 Sch. reg.16
rule 39(1) words substituted by S.I. 2021/626 rule 2(6)
rule 39(6) applied by S.I. 2010/2955 rule 9.2
rule 39(6) omitted by S.I. 2014/879 art. 17
rule 40 am by S.I. 2001/610 rules 3 7
rule 40 rev by S.I. 2003/1236 rules 9 28
rule 41 am by S.I. 2001/610 rules 3 6
rule 41 amended by
rule 41 applied by S.I. 2010/2955 rule 9.2
rule 41 applied (with modifications) by S.I. 2011/1329 rule 46
rule 41 omitted by S.I. 2014/879 art. 17
rule 41(1)(a) words substituted by S.I. 2005/617 Sch. para. 70(a)
rule 41(2) words substituted by S.I. 2005/617 Sch. para. 70(b)(i)
rule 41(2) words substituted by S.I. 2005/617 Sch. para. 70(b)(ii)
rule 41(3) words substituted by S.I. 2005/617 Sch. para. 70(c)
rule 41(4) words substituted by S.I. 2005/617 Sch. para. 70(d)(i)
rule 41(4) words substituted by S.I. 2005/617 Sch. para. 70(d)(ii)
rule 41(4) words substituted by S.I. 2005/617 Sch. para. 70(d)(iii)
rule 41(5) words substituted by S.I. 2005/617 Sch. para. 70(e)(i)
rule 41(5) words substituted by S.I. 2005/617 Sch. para. 70(e)(ii)
rule 41(5) words substituted by S.I. 2005/617 Sch. para. 70(e)(iii)
rule 41(7) words substituted by S.I. 2005/617 Sch. para. 70(f)(i)
rule 41(7) words substituted by S.I. 2005/617 Sch. para. 70(f)(ii)
rule 41(7) words substituted by S.I. 2005/617 Sch. para. 70(f)(iii)
rule 41(8) words substituted by S.I. 2005/617 Sch. para. 70(g)
rule 42 revoked by
rule 43 amended by
rule 43 applied by S.I. 2010/2955 rule 9.2
rule 43 omitted by S.I. 2014/879 art. 17
rule 44 amended by
rule 44 applied by S.I. 2010/2955 rule 9.2
rule 44 omitted by S.I. 2014/879 art. 17
rule 45 am by S.I. 2001/610 rules 3 7 9
rule 45 am by S.I. 2005/2930 rule 2(c) Sch 1 para 5(b) (c)
rule 45 am (heading am) by S.I. 2005/2930 rule 2(c) Sch 1 para 5(a)
rule 45 applied by S.I. 2010/2955 rule 9.2
rule 45 omitted by S.I. 2014/879 art. 17
rule 46 am by S.I. 2001/610 rule 3
rule 46 am by S.I. 2003/1236 rules 9 29
rule 46 referred to by S.I. 2005/384 rule 52.1
rule 46(1) word substituted by S.I. 2014/600 Sch. para. 1(b)
rule 47 am by S.I. 2001/610 rules 3 5
rule 47(4) words substituted by S.I. 2009/2054 Sch. 1 para. 8
rule 48 am by S.I. 2001/610 rules 3 10
rule 48 applied by S.I. 2010/2955 rule 9.2
rules 48 49 referred to by S.I. 2005/384 rules 52.2 52.3
rule 48(1) omitted by S.I. 2021/626 rule 2(12)(e)
rule 48(1) substituted by S.I. 1992/457 Sch. reg.17
rule 49 am by S.I. 2001/610 rule 3
rule 49 applied by S.I. 2010/2955 rule 9.2
rule 50 revoked by S.I. 1992/457 Sch reg.18
rule 51 am by S.I. 2005/2930 rule 2(c) Sch 1 para 6
rule 51 amended by
rule 51 amended by
rule 51 applied by S.I. 2010/2955 rule 9.2
rule 51-52A omitted by S.I. 2021/626 rule 2(12)(f)
rules 51–57 referred to by S.I. 2005/384 rules 52.4–52.11
rule 51 words omitted by S.I. 2014/879 art. 18
rule 52A inserted by
rule 53(1) word substituted by S.I. 2014/600 Sch. para. 1(c)
rule 54 am by S.I. 2001/167 rule 3(1)–(3)
rule 54 am by S.I. 2001/610 rules 3 7
rule 54 amended by
rule 54 amended by
rule 54 amended by S.I. 1999/2765 rule 2
rule 54 rev in pt by S.I. 2001/167 rule 3(4)
rule 54(1) words substituted by S.I. 2014/600 Sch. para. 1(d)(i)(aa)
rule 54(1)(a) word substituted by S.I. 2014/600 Sch. para. 1(d)(i)(bb)
rule 54(1)(b) words substituted by S.I. 2014/600 Sch. para. 1(d)(i)(cc)
rule 54(2) word substituted by S.I. 2014/600 Sch. para. 1(d)(ii)
rule 54(3) words substituted by S.I. 2014/600 Sch. para. 1(d)(iii)
rule 54(3B) words substituted by S.I. 2014/600 Sch. para. 1(d)(iv)(aa)
rule 54(3B)(a) word substituted by S.I. 2014/600 Sch. para. 1(d)(iv)(bb)
rule 54(3B)(b) words substituted by S.I. 2014/600 Sch. para. 1(d)(iv)(cc)
rule 54(3B)(c) word substituted by S.I. 2014/600 Sch. para. 1(d)(iv)(dd)
rule 54(4)-(11) omitted by S.I. 2014/600 Sch. para. 1(d)(v)
rule 54(4) rev in pt by S.I. 1992/729 rule 3
rule 55 am by S.I. 2001/610 rules 3 6
rule 55 amended by
rule 55 amended by
rule 55 amended by
rule 55 words substituted by S.I. 2005/617 Sch. para. 71
rule 55(1)(a) word substituted by S.I. 2014/600 Sch. para. 1(e)
rule 55(1)(c) word substituted by S.I. 2014/600 Sch. para. 1(e)
rule 56 am by S.I. 2001/610 rule 3
rule 56-57A omitted by S.I. 2021/626 rule 2(12)(g)
rule 57 am by S.I. 2001/610 rule 11
rule 57 rev in pt by S.I. 2003/1236 rules 9 30
rule 57(1) rev in pt by S.I. 1993/1183 rule 3(c)
rule 57A added by S.I. 2003/423 rule 2
rule 57A referred to by S.I. 2005/384 rule 58.12
rule 57A(1) words substituted by S.I. 2005/617 Sch. para. 72(a)
rule 57A(1) words substituted by S.I. 2005/617 Sch. para. 72(b)
rule 57A(4) words substituted by S.I. 2019/1367 rule 4
rule 58(3) words substituted by S.I. 2005/617 Sch. para. 73
rule 59 am by S.I. 2001/610 rules 3 12
rule 59 amended by
rule 59 omitted by S.I. 2014/879 art. 19
rule 59(1)(a)(iii) words substituted by S.I. 2005/617 Sch. para. 74(b)
rule 59(1)(a)(ii) words substituted by S.I. 2005/617 Sch. para. 74(a)
rule 59(2) words substituted by S.I. 2005/617 Sch. para. 74(c)(i)
rule 59(2) words substituted by S.I. 2005/617 Sch. para. 74(c)(ii)
rule 59(2) words substituted by S.I. 2005/617 Sch. para. 74(c)(iii)
rule 59A 59B inserted by S.I. 2011/1329 rule 81(4)
rule 59A omitted by S.I. 2014/879 art. 19
rule 59B omitted by S.I. 2014/879 art. 19
rule 60 am by S.I. 2001/610 rules 3 6
rule 60 amended by
rule 60(2) omitted by S.I. 2014/879 art. 19
rule 60(2) words substituted by S.I. 2005/617 Sch. para. 75
rule 60(3) omitted by S.I. 2014/879 art. 19
rule 60A inserted by S.I. 2021/459 rule 2(2)
rule 61 am by S.I. 2001/610 rule 3
rule 61-63 amended by
rule 61 omitted by S.I. 2014/879 art. 19
rule 62 applied by S.I. 2010/2955 rule 9.2
rule 62 omitted by S.I. 2014/879 art. 19
rule 63 am by S.I. 2001/610 rules 3 6 13
rule 63 omitted by S.I. 2021/626 rule 2(12)(h)
rule 63(1) omitted by S.I. 2014/879 art. 19
rule 63(1) words substituted by S.I. 2005/617 Sch. para. 75
rules 64 65 referred to by S.I. 2005/384 rules 52.12 52.13
rule 65 am by S.I. 2003/1236 rules 9 31
rule 65 amended by
rule 65 amended by
rule 65 omitted by S.I. 2021/626 rule 2(12)(i)
rule 65(2)(e) words substituted by S.I. 2014/600 Sch. para. 1(f)
rule 65(2)(ff) added by S.I. 1992/2072 rule 2(k)
rule 65(2)(ff) words omitted by S.I. 2013/630 reg. 61
rule 66 am by S.I. 2001/610 rules 3 14
rule 66 am by S.I. 2003/1236 rules 9 32(1)–(3)
rule 66 amended by
rule 66 amended by
rule 66 applied by S.I. 2010/2955 rule 9.2
rules 66–66B referred to by S.I. 2005/384 rules 6.1–6.3
rule 66 rev in pt by S.I. 2003/1236 rules 9 32(4)
rule 66(3A)-(7) omitted by S.I. 2024/254 rule 2(9)(c)(i)
rule 66(9)-(10B) omitted by S.I. 2024/254 rule 2(9)(c)(ii)
rule 66(10B) added by S.I. 1992/2072 rule 2(1)
rule 66(11) amended by S.I. 1993/1183 rule 3(d)(i)
rule 66(11A) added by S.I. 1993/1183 rule 3(d)(ii)
rule 66(12) amended by S.I. 1992/709 art.2 Sch.1
rule 66(12) omitted by S.I. 2021/626 rule 2(7)
rule 66A am by S.I. 2001/610 rule 15
rule 66A inserted by
rule 66A-66E substituted for rule 66A 66B by S.I. 2021/626 rule 2(8)
rules 66B 69 70 am by S.I. 2001/610 rule 3
rule 66B inserted by
rule 67 am by S.I. 2003/1236 rules 9 33
rule 67 applied by S.I. 2010/2955 rule 9.2
rule 67 referred to by S.I. 2005/384 rule 4.2
rule 67(1) words substituted by S.I. 2021/626 rule 2(9)
rule 68 am by S.I. 2001/610 rule 5
rule 68 applied by S.I. 2010/2955 rule 9.2
rule 68 referred to by S.I. 2005/384 rule 6.4
rule 68 rev in pt by S.I. 2003/1236 rules 9 34
rule 69 am by S.I. 2005/2930 rule 2(c) Sch 1 para 7
rule 69 amended by
rule 69 applied by S.I. 2010/2955 rule 9.2
rule 69 omitted by S.I. 2014/879 art. 19
rule 70 amended by
rule 70 amended by
rule 70-73 omitted by S.I. 2021/626 rule 2(12)(j)
rule 70 referred to by S.I. 2005/384 rule 27.1
rule 70 head. substituted by S.I. 1997/706 rule 13
rule 70 head. substituted by S.I. 1997/706 rule 13
rule 70(1) (2) amended by S.I. 1997/706 rule 14(a)(b)
rule 70(1) (2) amended by S.I. 1997/706 rule 14(a)(b)
rule 70(3) revoked by S.I. 1997/706 rule 14(c)
rule 70(3) revoked by S.I. 1997/706 rule 14(c)
rule 70(4) amended by S.I. 1997/706 rule 14(d)(i) Cii)
rule 70(4) amended by S.I. 1997/706 rule 14(d)(i) Cii)
rule 70(4) rev.in pt. by S.I. 1997/706 rule 14(d)(iii)
rule 70(4) rev.in pt. by S.I. 1997/706 rule 14(d)(iii)
rule 70(5) amended by S.I. 1997/706 rule 14(e)
rule 70(5) amended by S.I. 1997/706 rule 14(e)
rule 70(5A) added by S.I. 1997/706 rule 14(f)
rule 70(5A) added by S.I. 1997/706 rule 14(f)
rule 70(6) substituted by S.I. 1997/706 rule 14(g)
rule 70(6) substituted by S.I. 1997/706 rule 14(g)
rule 70(7) substituted by S.I. 1997/706 rule 14(h)
rule 70(7) substituted by S.I. 1997/706 rule 14(h)
rule 70(8) amended by S.I. 1997/706 rule 14(i)
rule 70(8) amended by S.I. 1997/706 rule 14(i)
rule 70(9) substituted by S.I. 1997/706 rule 14(j)
rule 70(9) substituted by S.I. 1997/706 rule 14(j)
rules 71 72 referred to by S.I. 2005/384 rules 37.4 37.5
rule 71 rev.in pt. by S.I. 1997/706 rule 15
rule 71 rev.in pt. by S.I. 1997/706 rule 15
rule 72 amended by S.I. 1992/729 rule 4
rule 72A added by S.I. 2004/2993 rule 2
rule 72A referred to by S.I. 2005/384 rules 35.2–35.9
rule 72A(1) words substituted by S.I. 2005/617 Sch. para. 76(a)
rule 72A(2)-(5) words substituted by S.I. 2005/617 Sch. para. 76(b)
rule 73 am by S.I. 2001/610 rules 3 16
rule 73 referred to by S.I. 2005/384 rule 7.9
rule 73 replaced by
rule 74 am by S.I. 2001/610 rules 3 6
rule 74 referred to by S.I. 2005/384 rule 63.3
rule 74(2) amended by S.I. 1993/1183 rule 3(e)
rule 74(3)(a) omitted by S.I. 2021/626 rule 2(12)(k)
rule 74(4) words substituted by S.I. 2005/617 Sch. para. 75
rule 74(5)-(7) omitted by S.I. 2021/626 rule 2(12)(k)
rule 74(7) added by S.I. 1992/2072 rule 2(m)
rules 75 76 am by S.I. 2001/610 rule 3
rule 75 referred to by S.I. 2005/384 rule 63.6
rules 76–81 referred to by S.I. 2005/384 rules 64.1–64.6
rule 77 am by S.I. 2001/610 rules 3 5
rule 78 am by S.I. 2001/610 rule 3
rule 78(2) words substituted by S.I. 2021/626 rule 2(10)
rule 79 am by S.I. 2001/610 rules 3 5 7 17
rule 79(2) words substituted by S.I. 2021/626 rule 2(11)
rule 81A inserted by S.I. 2024/254 rule 2(11)
rule 82 am by S.I. 2001/610 rule 3
rule 82 words substituted by S.I. 2005/617 Sch. para. 77(a)
rule 82 words substituted by S.I. 2005/617 Sch. para. 77(b)
rule 82 words substituted by S.I. 2005/617 Sch. para. 77(c)
rule 84-90A omitted by S.I. 2021/626 rule 2(12)(l)
rules 84–88 referred to by S.I. 2005/384 rules 19.4–19.8
rule 84A am by S.I. 2001/610 rules 3 5
rule 84A referred to by S.I. 2005/384 rule 19.1
rule 84A(2)(b) words substituted by S.I. 2005/617 Sch. para. 78
rule 86 am by S.I. 2001/167 rule 4
rule 86 am by S.I. 2001/610 rules 3 18
rule 86 amended by
rules 86 87 rev in pt by S.I. 2003/1236 rules 9 35 36
rule 86(1)(b) words substituted by S.I. 2005/617 Sch. para. 79
rule 86(1)(b) words substituted by S.I. 2020/100 Sch. para. 2(4)
rules 87 89 93 am by S.I. 2001/610 rule 3
rule 87 amended by
rule 90 amended by
rule 90 amended by
rules 90 90A referred to by S.I. 2005/384 rules 19.10 19.11
rule 90 rev in pt by S.I. 2003/1236 rules 9 37
rules 90A 95A added by S.I. 1993/1183 rule 3(f)(g)
rule 90B added by S.I. 2001/167 rule 5
rule 90B referred to by S.I. 2005/384 rule 18.4
rule 91-94 omitted by S.I. 2021/626 rule 2(12)(m)
rule 91 referred to by S.I. 2005/384 rule 19.3
rule 91 replaced by
rule 92 am by S.I. 2001/610 rule 19
rule 92 referred to by S.I. 2005/384 rule 19.12
rule 92 words substituted by S.I. 2005/617 Sch. para. 80
rule 93 amended by S.I. 1998/3046 rule 2(7)
rule 93 amended by S.I. 2000/3361 rule 2(7)
rule 93 referred to by S.I. 2005/384 rule 19.21
rule 93A added by S.I. 1994/1481 rule 3(c)
rule 93A am by S.I. 2001/610 rules 3 20
rule 93A referred to by S.I. 2005/384 rule 19.16
rules 93A 93B rev in pt by S.I. 2003/1236 rules 9 38 39
rule 93A(7)(8) applied by S.I. 1999/2784 Sch. para. 16
rule 93B am by S.I. 2001/610 rules 3 21
rule 93B referred to by S.I. 2005/384 rule 19.2
rule 93B(1)(b) words substituted by S.I. 2005/617 Sch. para. 81(a)
rule 93B(3)(b) words substituted by S.I. 2005/617 Sch. para. 81(b)
rule 94 referred to by S.I. 2005/384 rule 18.5
rule 94 replaced by
rules 95 95A 96 referred to by S.I. 2005/384 rules 18.1–18.3
rule 95 substituted by S.I. 2019/1367 rule 5
rule 95A am by S.I. 2001/610 rule 22
rule 95A words substituted by S.I. 2005/617 Sch. para. 82
rule 96 am by S.I. 2001/167 rule 6
rule 96 amended by
rules 96 97 rev in pt by S.I. 2003/1236 rules 9 40 41
rule 96(2) omitted by S.I. 2019/1367 rule 6
rule 97 am by S.I. 2001/167 rule 7
rule 97 amended by
rule 97 amended by
rule 97 referred to by S.I. 2005/384 rule 18.6
rule 98 am by S.I. 2003/1236 rules 9 42
rule 98 referred to by S.I. 2005/384 rule 7.7
rule 98 substituted by S.I. 2019/1367 rule 7
rule 99 am by S.I. 2005/2930 rule 2(c) Sch 1 para 8
rule 99 amended by
rule 99 referred to by S.I. 2005/384 rule 4.1
rule 99 substituted by S.I. 2019/1367 rule 8
rule 99(2) revoked by S.I. 1993/1183 rule 3(h)
rule 99(2)(b) rev in pt by S.I. 1992/729 rule 5
rule 100-101B omitted by S.I. 2021/626 rule 2(12)(n)
rule 100 referred to by S.I. 2005/384 rule 7.2
rules 101 101A referred to by S.I. 2005/384 rules 55.2 55.3
rule 101(2) words substituted by S.I. 2005/617 Sch. para. 83
rule 101A added by S.I. 1993/1183 rule 3(i)
rule 101A am by S.I. 2001/610 rules 3 23
rule 101B inserted by S.I. 2014/879 art. 20
rule 102 rev by S.I. 2003/1236 rules 9 43
rule 103 revoked by S.I. 1998/2167 rule 4(3)
rules 104 104A 104B 108 110 am by S.I. 2001/610 rule 3
rule 104 am by S.I. 2003/1236 rules 9 44
rule 104-104C omitted by S.I. 2021/626 rule 2(12)(o)
rule 104 referred to by S.I. 2005/384 rule 53.1 (Pt 53) (Pt 53)
rule 104(2) substituted by S.I. 1993/1183 rule 3(j)
rule 104A inserted by
rules 104A–104C referred to by S.I. 2005/384 rules 56.1–56.3
rule 104A substituted by S.I. 1995/2619 rule 2
rule 104B added by S.I. 1994/3154 rule 2
rule 104C added by S.I. 1995/2619 rule 3
rule 105 am by S.I. 2005/2930 rule 2(c) Sch 1 para 9(b)
rule 105 am (heading am) by S.I. 2005/2930 rule 2(c) Sch 1 para 9(a)
rule 105 amended by
rule 105 omitted by S.I. 2014/879 art. 21
rule 105(2) word substituted by S.I. 2014/600 Sch. para. 1(g)
rule 106 amended by
rule 106 omitted by S.I. 2014/879 art. 21
rule 106(2)(b) words substituted by S.I. 2005/617 Sch. para. 84
rule 107 am by S.I. 2001/610 rule 24
rule 107 amended by
rule 107 amended by S.I. 1997/706 rule 16
rule 107 amended by S.I. 1997/706 rule 16
rule 107 amended by S.I. 1998/3046 rule 2(8)
rule 107 amended by S.I. 2000/3361 rule 2(8)
rule 107 referred to by S.I. 2005/384 rule 28.1
rule 108 omitted by S.I. 2021/626 rule 2(12)(p)
rule 108 referred to by S.I. 2005/384 rule 7.5
rule 109 am by S.I. 2003/1236 rules 9 45
rule 109 omitted by S.I. 2019/1367 rule 9
rule 109 referred to by S.I. 2005/384 rule 5.3
rule 110 inserted by
rule 110-112 omitted by S.I. 2021/626 rule 2(12)(q)
rule 110 referred to by S.I. 2005/384 rule 19.15
rule 111 am by S.I. 2001/610 rules 3 7
rule 111 inserted by
rule 111 referred to by S.I. 2005/384 rule 55.4
rule 112 am by S.I. 2001/610 rule 3
rule 112 inserted by
rule 112 referred to by S.I. 2005/384 rule 7.6
rule 113 rev by S.I. 2003/1236 rules 9 46
rule 114 omitted by S.I. 2014/879 art. 21
rule 114 referred to by S.I. 2005/384 rule 50.3
rule 114 revoked by S.I. 1998/2167 rule 4(4)
rule 115 inserted by S.I. 2019/1367 rule 10
rule 115(6) substituted by S.I. 2024/254 rule 2(14)

Requirements to be complied with before releaseE+W

86.—(1) Where a magistrates' court has fixed the amount in which a person (including any surety) is to be bound by a recognizance, the recognizance may be entered into—

(a)in the case of a surety in connection with bail in criminal proceedings where the accused is in a prison or other place of detention, before the governor or keeper of the prison or place as well as before the persons mentioned in section 8(4)(a) of the Bail Act 1976;

(b)in any other case, before a justice of the peace, a justices' clerk, a police officer who either is of the rank of inspector or above or is in charge of a police station or, if the person to be bound is in a prison or other place of detention, before the governor or keeper of the prison or place.

(2) The clerk of a magistrates' court which has fixed the amount in which a person (including any surety) is to be bound by a recognizance or, under section 3(5) or (6) of the Bail Act 1976, has imposed any requirement to be complied with before a person's release on bail shall issue a certificate in the prescribed form showing the amount and conditions, if any, of the recognizance or, as the case may be, containing a statement of the requirement; and a person authorised to take the recognizance or do anything in relation to the compliance with such requirement shall not be required to take or do it without production of such a certificate as aforesaid.

(3) If any person proposed as a surety for a person committed to custody by a magistrates' court produces to the governor or keeper of the prison or other place of detention in which the person so committed is detained a certificate in the prescribed form to the effect that he is acceptable as a surety, signed by any of the justices composing the court or the clerk of the court and signed in the margin by the person proposed as surety, the governor or keeper shall take the recognizance of the person so proposed.

(4) Where the recognizance of any person committed to custody by a magistrates' court or of any surety of such a person is taken by any person other than the court which committed the first-mentioned person to custody, the person taking the recognizance shall send it to the clerk of that court:

Provided that, in the case of a surety, if the person committed has been committed to the Crown Court for trial or under any of the enactments mentioned in rule 17(1), the person taking the recognizance shall send it to the appropriate officer of the Crown Court.

Commencement Information

I1Rule 86 in force at 6.7.1981, see rule 1(1)

legislation.gov.uk

Search Legislation

The Magistrates' Courts Rules 1981

What Version

Advanced Features

Opening Options

More Resources

Changes over time for: Section 86

Alternative versions:

Changes to legislation:

Changes to Legislation

Changes and effects yet to be applied to Rule 86:

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Requirements to be complied with before releaseE+W

Options/Help

Print Options

PrintThe Whole Instrument

PrintThe Whole Part

PrintThis Section only

Legislation is available in different versions:

See additional information alongside the content

Opening Options

More Resources

Timeline of Changes

More Resources

legislation.gov.uk

Search Legislation

The Magistrates' Courts Rules 1981

You are here:

What Version

Advanced Features

Opening Options

More Resources

Changes over time for: Section 86

Alternative versions:

Changes to legislation:

Changes to Legislation

Changes and effects yet to be applied to Rule 86:

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Requirements to be complied with before releaseE+W

Options/Help

Print Options

PrintThe Whole Instrument

PrintThe Whole Part

PrintThis Section only

Legislation is available in different versions:

See additional information alongside the content

Opening Options

More Resources

Timeline of Changes

More Resources