The Magistrates' Courts (Amendment) Rules 1997

Amendment of Magistrates' Courts Rules 1981

10.  In rule 11 (Material to be sent to court of trial)—

(a) paragraph (1) shall be omitted;

(b) in paragraph (2)—

(i) for the words “section 5 of the Prosecution of Offences Act 1979” there shall be substituted “section 7 of the Prosecution of Offences Act 1985”;

(ii) for sub-paragraph (b) there shall be substituted—

“(b) (i) the evidence tendered in accordance with section 5A of the Act of 1980 and, where any of that evidence consists of a copy of a deposition or documentary exhibit which is in the possession of the court, any such deposition or documentary exhibit; and

(ii) a certificate to the effect that that evidence was so tendered.”.

(iii) for sub-paragraph (c) there shall be substituted—

“(c) any notification by the prosecutor under section 5D(2) regarding the admissibility of a statement under section 23 or 24 of the Criminal Justice Act 1988(1);”;

(iv) sub-paragraph (d) shall be omitted;

(v) in sub-paragraphs (g) and (h) for the words “documents and articles” there shall be substituted “exhibits”; and

(vi) for sub-paragraph (i) there shall be substituted—

“(i) The names and addresses of any interpreters engaged for the defendant for the purposes of the committal proceedings, together with any telephone numbers at which they can be readily contacted, and details of the languages or dialects in connection with which they have been so engaged”;

(vii) in sub-paragraph (1) for the words “(Form B in the Schedule to the Costs in Criminal Cases Regulations 1908)” there shall be substituted “The Costs in Criminal Cases (General) Regulations 1986(2)”.

(viii) in sub-paragraph (o) for the words “section 7 of the Legal Aid Act 1982” there shall be substituted “section 23 of the Legal Aid Act 1988”; and

(c) Paragraph (3) shall be omitted.

(1)

1988 c. 33.

(2)

S.I. 1986/1335, as amended by the Costs in criminal Cases (General)(Amendment) Regulations 1991 (S.I. 1991/789)