The Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules 1997

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules 1997 and shall come into force on 15th April 1997.

(2) In these Rules—

“the Act” means the Criminal Procedure and Investigations Act 1996(1);

“acquittal” means an acquittal (of a person of an offence) which is the subject of a certification made under section 54(2) of the Act; and

“the register” means the register kept pursuant to rule 66 of the Magistrates' Courts Rules 1981(2).

Time of certification

2.  Where a person is convicted before a magistrates' court of an offence as referred to in section 54(1)(b) of the Act and it appears to the court that the provisions of section 54(2) of the Act are satisfied, the court shall make the certification referred to in section 54(2) at any time following conviction but no later than—

(a) immediately after the court sentences or otherwise deals with that person in respect of the offence, or

(b) where the court commits that person to the Crown Court, or remits him to another magistrates' court, to be dealt with in respect of the offence, immediately after he is so committed or remitted, as the case may be.

Form of certification

3.  Where a magistrates' court makes the certification referred to in section 54(2) of the Act, the certification shall be drawn up in Form TAM 1 set out in the Schedule to these Rules, or a form to the like effect, and any reference elsewhere in these Rules to Form TAM 1 shall include a reference to such a form.

Service of a copy of Form TAM 1

4.—(1) The clerk of a magistrates' court which makes a certification as referred to in section 54(2) of the Act shall, as soon as practicable after the drawing up of Form TAM 1, serve a copy of that form on the acquitted person referred to in the certification, on the prosecutor in the proceedings which led to the acquittal, and where the acquittal has not taken place before a magistrates' court sitting at the same place as the court which has made the certification, on—

(a) where the acquittal has taken place before a magistrates' court, the clerk of that court, or

(b) where the acquittal has taken place before the Crown Court, the appropriate officer of that Court.

(2) Service as referred to in paragraph (1) above may be made by delivering the copy of Form TAM 1 to the person to be served (where that person is an individual), or by sending it by post in a letter addressed to him at his usual or last known residence or place of business in England or Wales; in the case of a company, such a letter may also be addressed to the company at its registered office in England or Wales (if it has such a registered office).

(3) If the person to be served is acting by a solicitor, the copy of Form TAM 1 may be served by delivering it, or by sending it by post, to the solicitor’s address for service.

(4) In paragraph (3) above, “solicitor” includes a body corporate which is recognised by the Council of the Law Society under section 9 of the Administration of Justice Act 1985(3) (a “recognised body”) and, in the case of a recognised body, the reference to the solicitor’s address for service shall be construed as a reference to the address specified by the recognised body as its address for the purposes of the service of the copy of Form TAM 1 (including, where the person to be served is a party to the proceedings which led to the conviction referred to in Form TAM 1, an address specified for the general purposes of those proceedings), or, in the absence of such a specified address, to its registered office.

Entry in register in relation to the conviction which occasioned certification

5.  The clerk of a magistrates' court which makes a certification under section 54(2) of the Act shall enter in the register of the court, in relation to the conviction which occasioned the certification, a note of the fact that certification has been made, the date of certification, the name of the acquitted person referred to in the certification, a description of the offence of which the acquitted person has been acquitted, the date of the acquittal, and the name of the court before which the acquittal has taken place.

Entry in the register of the magistrates' court of acquittal

6.—(1) The clerk of a magistrates' court before which an acquittal has taken place shall, as soon as practicable after receipt from the court which has made the certification under section 54(2) of the Act relating to the acquittal, of a copy of a form recording the certification (being a copy of Form TAM 1 where the certification has been made by a magistrates' court), or, where the court which has made the certification is a magistrates' court sitting at the same place as the court before which the acquittal has taken place, as soon as practicable after the making of the certification, enter in the register of the court, in relation to the acquittal, a note that the certification has been made, the date of the certification, the name of the court which has made the certification, the name of the person whose conviction occasioned the making of the certification, and a description of the offence of which that person has been convicted.

(2) Notwithstanding rule 66(11) of the Magistrates' Courts Rules 1981, where the court which has made the certification as referred to in paragraph (1) above is not a magistrates' court sitting at the same place as the magistrates' court before which the acquittal has taken place, the entry referred to in paragraph (1) above shall be signed by the clerk of the court before which the acquittal has taken place (without prejudice to the application of rule 66(11) of the Magistrates' Courts Rules 1981 to the case where the said certification has been made by a magistrates' court sitting at the same place as the court before which the acquittal has taken place).

Display of copy certification form

7.—(1) Where a magistrates' court makes a certification as referred to in section 54(2) of the Act, the clerk of the court shall, as soon as practicable after the drawing up of Form TAM 1, display a copy of that form at a prominent place within court premises to which place the public has access.

(2) Where an acquittal has taken place before a magistrates' court and the court which has made the certification under section 54(2) of the Act in relation to the acquittal is not a magistrates' court sitting at the same place as the court before which the acquittal has taken place, the clerk of the last mentioned court shall, as soon as practicable after receipt from the court which has made the certification of a copy of a form recording the certification (being a copy of Form TAM 1 where the certification has been made by a magistrates' court), display a copy of that form at a prominent place within court premises to which place the public has access.

(3) The copy of Form TAM 1 referred to in paragraph (1) above, or the copy form referred to in paragraph (2) above, shall continue to be displayed as referred to, respectively, in those paragraphs at least until the expiry of 28 days from, in the case of paragraph (1) above, the day on which the certification was made, or, in the case of paragraph (2) above, the day on which the copy form was received by the clerk of the court.

Entry in the register—decision of High Court

8.—(1) The clerk of a magistrates' court before which an acquittal has taken place shall, on receipt from the Crown Office of the High Court of notice of an order made under section 54(3) of the Act quashing the acquittal, or of a decision not to make such an order, enter in the register of the court, in relation to the acquittal, a note of the fact that the acquittal has been quashed by the said order, or that a decision has been made not to make such an order, as the case may be.

(2) The clerk of a magistrates' court which has made a certification under section 54(2) of the Act shall, on receipt from the Crown Office of the High Court of notice of an order made under section 54(3) of the Act quashing the acquittal referred to in the certification, or of a decision not to make such an order, enter in the register of the court, in relation to the conviction which occasioned the certification, a note that the acquittal has been quashed by the said order, or that a decision has been made not to make such an order, as the case may be.

(3) The entries in the register referred to, respectively, in paragraphs (1) and (2) above shall be signed by the clerk of the magistrates' court in question.

Display of copy of notice received from High Court

9.—(1) Where the clerk of a magistrates' court which has made a certification under section 54(2) of the Act, or the clerk of a magistrates' court before which an acquittal has taken place, as the case may be, receives from the Crown Office of the High Court notice of an order quashing the acquittal concerned, or notice of a decision not to make such an order, he shall, as soon as practicable after receiving the notice, display a copy of it at a prominent place within court premises to which place the public has access.

(2) The copy notice referred to in paragraph (1) above shall continue to be displayed as referred to in that paragraph at least until the expiry of 28 days from the day on which the notice was received by the clerk of the court.

Mackay of Clashfern, C.

Dated 24th March 1997