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Criminal Procedure and Investigations Act 1996

Status:

This is the original version (as it was originally enacted).

19Rules of court

(1)Without prejudice to the generality of subsection (1) of—

(a)section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 (magistrates' court rules), and

(b)section 84 of the [1981 c. 54.] Supreme Court Act 1981 (rules of court),

the power to make rules under each of those sections includes power to make provision mentioned in subsection (2).

(2)The provision is provision as to the practice and procedure to be followed in relation to—

(a)proceedings to deal with a contempt of court under section 18;

(b)an application under section 3(6), 7(5), 8(2) or (5), 9(8), 14(2) , 15(4), 16(b), 17(4) or (6)(b) or 18(6);

(c)an application under regulations made under section 12;

(d)an order under section 3(6), 7(5), 8(2) or (5), 9(8), 14(3), 17(4) or 18(4) or (7);

(e)an order under section 15(5) (whether or not an application is made under section 15(4));

(f)an order under regulations made under section 12.

(3)Rules made under section 144 of the Magistrates' Courts Act 1980 by virtue of subsection (2)(a) above may contain or include provision equivalent to Schedule 3 to the [1981 c. 49.] Contempt of Court Act 1981 (proceedings for disobeying magistrates' court order) with any modifications which the Lord Chancellor considers appropriate on the advice of or after consultation with the rule committee for magistrates' courts.

(4)Rules made by virtue of subsection (2)(b) in relation to an application under section 17(4) may include provision—

(a)that an application to a magistrates' court must be made to a particular magistrates' court;

(b)that an application to the Crown Court must be made to the Crown Court sitting at a particular place;

(c)requiring persons to be notified of an application.

(5)Rules made by virtue of this section may make different provision for different cases or classes of case.

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