The Magistrates' Courts (Criminal Justice Act 1991) (Miscellaneous Amendments) Rules 1992

The Magistrates' Courts (Forms) Rules 1981

3.  Schedule 2 to the Magistrates' Courts (Forms) Rules 1981(1) shall be amended as follows—

(a) in the form numbered 16, after the words “[on bail]” there shall be inserted the words “[to local authority accommodation]”;

(b) in the form numbered 27 after the words “A form which you can use for writing to the Clerk is enclosed” there shall be inserted the words “Please also complete the enclosed means enquiry form. This is to enable the court to take your income and outgoings into account should it decide to impose a fine for the offence.”;

(c) in the form numbered 41—

(i) in paragraph 1, for the figure “17” there shall be substituted the figure “18”; and

(ii) for paragraph 4, there shall be substituted the following paragraph—

“4.   The court being of the opinion [that the offence or the combination of the offence and other offences associated with it was so serious that greater punishment should be inflicted for the offence than the court has power to impose] [in the case of a violent or sexual offence committed by a person who is not less than 21 years old], that a sentence of imprisonment for a term longer than the court has power to impose is necessary to protect the public from serious harm from him]:”;

(d) for the forms numbered 43, 44, 65 and 92 there shall be substituted the forms numbered 43, 44, 65 and 92 in the Schedule;

(e) after the form numbered 44 there shall be inserted the form numbered 44A;

(f) in the form numbered 46 for the word “Fine”, in the second column there shall be substituted the words “Fine (and where appropriate number of units and unit value)”;

(g) in the form numbered 51, after the “£” sign where it first appears there shall be inserted the words “(and, where appropriate, ... ... ... ... units at £ ... ... ... ... per unit)”;

(h) in the form numbered 52—

(i) after the “£” sign where it first appears there shall be inserted the words “(and, where appropriate, ... ... ... ... units at £ ... ... ... ... per unit)”;

(ii) for the words “This court has considered” there shall be substituted the words “This court is satisfied that the default is due to the accused’s wilful refusal or culpable neglect and has considered”; and

(iii) after paragraph (e), there shall be inserted the following paragraph—

“(f) an application to the Secretary of State to make deductions from income support,”;

(i) in the form numbered 59, after the words “Crown Court at ... ... ... ...” there shall be inserted the words—

• “Amount of fine[s] £ (and, where appropriate, ... ... ... ... units at £ ... ... ... ... per unit).”;

(j) in the form numbered 61 after the word “Fine: £ ” there shall be inserted the words “(and, where appropriate, ... ... ... ... units at £ ... ... ... ... per unit)”;

(k) after the form numbered 63, the words “PROBATION AND” shall be omitted from the cross-heading “PROBATION AND CONDITIONAL DISCHARGE”;

(l) the forms numbered 64, 66 to 68, 70 to 76, 90A to 90I and 93 to 95B shall be omitted;

(m) in the form numbered 69—

(i) for the words “Supervising Court” there shall be substituted the words “Petty sessions area specified in the probation order”; and

(ii) the words “there being no direction reserving the power of discharge to the Crown Court:” shall be omitted;

(n) in the forms 77 to 82 the words “probation period or”, “[probation]”, “[probation order]”, “[probation period]”, “by probationer or”, “[Supervising court]” and “Supervising court (if applicable)” shall be omitted in each place in which they occur;

(o) after the form numbered 91, for the cross-heading “COMMUNITY SERVICE ORDERS” there shall be substituted the cross-heading “PROBATION, COMMUNITY SERVICE AND COMBINATION ORDERS”;

(p) after the cross-heading mentioned in paragraph (o) above there shall be inserted the forms numbered 92 to 92C in the Schedule, and the forms numbered 92A and 92B in Schedule 2 to the Magistrates' Courts (Forms) Rules 1981 shall be renumbered 92D and 92E;

(q) in the form renumbered 92D by virtue of paragraph (p) above—

(i) for the words “[a probation officer’s report] [a report of a social worker of a local authority social services department]” there shall be substituted the words “a pre-sentence report”; and

(ii) the words “is aged 17 and over and” shall be omitted;

(r) in the form renumbered 92E by virtue of paragraph (p) above—

(i) for the words “Supervising Court” there shall be substituted the words “Petty sessions area specified in the community service order”; and

(ii) the words “is aged 17 or over and” shall be omitted;

(s) after the form renumbered 92E by virtue of paragraph (p) above there shall be inserted the forms numbered 92F to 92S in the Schedule; and

(t) after the form numbered 97A there shall be inserted the forms numbered 97B and 97C in the Schedule.

(1)

S.I. 1981/553, as amended by S.I. 1983/524 and 1988/2132.