The Magistrates' Courts (Miscellaneous Amendments) Rules 1993

The Magistrates' Courts Rules 1981

3.  The Magistrates' Courts Rules 1981((1)) shall be amended as follows–

(a) in rule 12, at the end there shall be added the following paragraphs–

“(3) If, notwithstanding paragraph (1) above, it appears to the court at any stage in the trial of an information that the information charges more than one offence, the court shall call upon the prosecutor to elect on which offence he desires the court to proceed, whereupon the offence or offences on which the prosecutor does not wish to proceed shall be struck out of the information; and the court shall then proceed to try that information afresh.

(4) If a prosecutor who is called upon to make an election under para graph (3) above fails to do so, the court shall dismiss the information.

(5) Where, after an offence has or offences have been struck out of the information under paragraph (3) above, the accused requests an adjournment and it appears to the court that he has been unfairly prejudiced, it shall adjourn the trial.”;

(b) after rule 13, there shall be inserted the following rule–

“Procedure on information where accused is not legally represented

13A.— (1) The court shall explain to an accused who is not legally represented the substance of the charge in simple language.

(2) If an accused who is not legally represented, instead of asking a witness in support of the charge questions by way of cross-examination, makes assertions, the court shall then put to the witness such questions as it thinks necessary on behalf of the accused and may for this purpose question the accused in order to bring out or clear up any point arising out of such assertions.”;

(c) in rule 57(1), the words after the words “a copy of the order” to the end shall be omitted;

(d) in rule 66–

(i) in paragraph (11), after the words “the entries shall be signed” there shall be inserted the words “or their accuracy certified”; and

(ii) after paragraph (11), there shall be inserted the following paragraph–

“(11A) Any certificates made by virtue of paragraph (11) shall be kept with and as part of the register.”;

(e) in rule 74(2), for the words “statement of the decision from which the appeal is brought” there shall be substituted the following words–

“copy of the extract of the magistrates' court register relating to that decision”;

(f) after rule 90, there shall be inserted the following rule–

“Notes of argument in bail hearings

90A.   Where the court hears full argument as to bail, the clerk of the court shall take a note of that argument.”;

(g) after rule 95, there shall be inserted the following rule–

“Warrant issued out of hours

95A.   Where a warrant is issued by a justice of the peace for any petty sessions area at a time when the office of the clerk to the justices for that area is closed, the applicant for the warrant shall within 72 hours serve upon the clerk any information on which the warrant was issued.”;

(h) paragraph (2) of rule 99 shall be omitted;

(i) after rule 101, there shall be inserted the following rule–

“Applications under section 34B(6) or (7) of the Road Traffic Offenders Act 1988

101A.— (1) An application to the supervising court under section 34B (6) or (7) of the Road Traffic Offenders Act 1988 shall be served on the clerk of that court within 28 days after the date specified in an order under section 34A(2) of that Act, where that date falls on or after 24th May 1993.

(2) An application under section 34B(6) of that Act shall be accompanied by the notice under section 34B(5) of that Act.

(3) On being served with such an application, the clerk of the court shall–

(a) fix a date and time for the hearing of the application;

(b) serve a copy of the application on the course organiser; and

(c) serve notice of the hearing on the applicant and course organiser.

(4) If the course organiser fails to appear or be represented at the hearing of the application without reasonable excuse, the court may proceed to decide the application in his absence.

(5) In this rule, “course organiser” and “supervising court” have the meanings assigned to them in England and Wales by section 34C of the Road Traffic Offenders Act 1988.”; and

(j) for paragraph (2) of rule 104, there shall be substituted the following paragraph–

“(2) The clerk of the court to which the complaint is made shall send a letter by post to the person for whose benefit the compensation order was made, inviting him to make observations and to attend any hearing of the complaint and advising him of his right to be heard.”.

(1)

S.I. 1981/552; relevant amending amendments are S.I. 1990/1190, 1992/729.