The Magistrates' Courts Rules 1981 No. 552 (L. 1)

INFORMATION AND COMPLAINT E+W

Information and complaint E+W

4.—(1) An information may be laid or complaint made by the prosecutor or complainant in person or by his counsel or solicitor or other person authorised in that behalf.

(2) Subject to any provision of the Act of 1980 and any other enactment, an information or complaint need not be in writing or on oath.

(3) It shall not be necessary in an information or complaint to specify or negative an exception, exemption, proviso, excuse or qualification, whether or not it accompanies the description of the offence or matter of complaint contained in the enactment creating the offence or on which the complaint is founded.

Modifications etc. (not altering text)

C1 Rule 4(1)(2) replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 7.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

C2 Rule 4(3) replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 7.2 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

Commencement Information

I1 Rule 4 in force at 6.7.1981, see rule 1(1)

[F1 Documents served on the designated officer E+W

4A— (1) Unless the court otherwise directs, the designated officer may—

(a) keep a document served in connection with an information, complaint or application; or

(b) arrange for the whole or any part to be kept by the informant, complainant, applicant or some other appropriate person, subject to any conditions that the court may impose.

(2) A person who under such arrangements keeps such a document must provide it for the court if and when the designated officer so requires.]

Textual Amendments

F1 Rule 4A substituted for rules 4A, 4B (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(5)

Prosecutor’s notice to other party: right to object to written evidence being read at trial without further evidence E+W

F1 4B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Rule 4A substituted for rules 4A, 4B (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(5)