The Magistrates' Courts Rules 1981

Documents and exhibits to be retained and sent to court of trial E+W

11.—(1) A magistrates' court that commits a person for trial shall, unless there are reasons for not doing so, retain any documents and articles produced by a witness who is subject to a conditional witness order or in whose case the court has directed that a witness order be treated as a conditional order.

(2) As soon as practicable after the committal of any person for trial, and in any case within 4 days from the date of his committal (not counting Sundays, Good Friday, Christmas Day or Bank Holidays), the clerk of the magistrates' court that committed him shall, subject to the provisions of section 5 of the Prosecution of Offences Act 1979(1) (which relates to the sending of documents and things to the Director of Public Prosecutions), send to the appropriate officer of the Crown Court—

(a) the information, if it is in writing;

(b) the depositions and written statements tendered in evidence, together with a certificate authenticating the depositions and statements, and any admission of facts made for the purposes of the committal proceedings under section 10 of the Criminal Justice Act 1967 and not withdrawn;

(c) all statements made by the accused before the magistrates' court;

(d) a list of the names, addresses and occupations of the witnesses in respect of whom witness orders have been made;

(e) a copy of the record made in pursuance of section 5 of the Bail Act 1976(2) relating to the grant or withholding of bail in respect of the accused on the occasion of the committal;

(f) any recognizance entered into by any person as surety for the accused together with a statement of any enlargement thereof under section I29(4) of the Act of 1980;

(g) a list of the documents and articles produced in evidence before the justices or treated as so produced;

(h) such of the documents and articles referred to in the last preceding sub-paragraph as have been retained by the justices;

(i) a certificate showing whether the accused was informed at the committal proceedings of the requirements of section 11 of the Criminal Justice Act 1967 (notice of alibi) and a record of any particulars given by him to the magistrates' court under that section;

(j) if the committal was under section 6(2) of the Act of 1980 (committal for trial without consideration of the evidence), a statement to that effect;

(k) if the magistrates' court has made an order under section 8(2) of the Act of 1980 (removal of restrictions on reports of committal proceedings), a statement to that effect;

(l) the certificate of the examining justices as to costs of prosecution (Form B in the Schedule to the Costs in Criminal Cases Regulations 1908(3));

(m) if any person under the age of 17 is concerned in the committal proceedings, a statement whether the magistrates' court has given a direction under section 39 of the Children and Young Persons Act 1933 (prohibition of publication of certain matter in newspapers).

(3) The clerk shall retain a copy of any list sent in pursuance of paragraph (2)(d).

(4) The period of 4 days specified in paragraph (2) may be extended in relation to any committal for so long as the appropriate officer of the Crown Court directs, having regard to the length of any document mentioned in that paragraph or any other relevant circumstances.

Commencement Information

I1 Rule 11 in operation on 6.7.1981, see rule 1(1)

(1)

1979 c. 31.

(2)

1976 c. 63.

(3)

S.R. & O. 1908/1001.