The Magistrates’ Courts (Violent Offender Orders) Rules 2009

Statutory Instruments

2009 No. 2197 (L. 26)

Magistrates’ Courts, England And Wales

Procedure

The Magistrates’ Courts (Violent Offender Orders) Rules 2009

Made

10th August 2009

Laid before Parliament

13th August 2009

Coming into force

7th September 2009

The Lord Chief Justice, with the concurrence of the Lord Chancellor, makes the following Rules in exercise of the powers conferred by section 144 of the Magistrates’ Courts Act 1980(1) and section 99(7) of the Criminal Justice and Immigration Act 2008(2).

In accordance with section 144 of the Magistrates’ Courts Act 1980, the Lord Chief Justice has consulted with the rule committee appointed under that section.

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Magistrates’ Courts (Violent Offender Orders) Rules 2009 and shall come into force on 7th September 2009.

(2) In these Rules, a reference to a section is a reference to a section of the Criminal Justice and Immigration Act 2008.

Violent offender orders and interim violent offender orders

2.—(1) An application for—

(a) a violent offender order made under section 100; or

(b) an interim violent offender order made under section 104,

shall be in the form set out in Schedule 1 to these Rules.

(2) A violent offender order made under section 101 shall be in the form set out in Schedule 2 to these Rules.

(3) An interim violent offender order made under section 104 shall be in the form set out in Schedule 3 to these Rules.

Application for variation, discharge or renewal

3.—(1) This rule applies to an application under section 103 for—

(a) the variation, discharge or renewal of a violent offender order;

(b) the variation or discharge of an interim violent offender order.

(2) An application shall be made in writing and shall specify the reason why the applicant believes the court should vary, discharge or renew the order, as the case may be.

Time limit for service of a notice under section 99(7)

4.  If the defendant wishes to serve on the applicant a notice under section 99(7) (notice denying that an act done outside England and Wales would have constituted a specified offence if it had been done in England and Wales), the defendant must do so no later than three days before the hearing date for the application under section 100.

Judge C.J.

30th July 2009

I concur

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

10th August 2009

Rule 2(1)

SCHEDULE 1

Rule 2(2)

SCHEDULE 2

Rule 2(3)

SCHEDULE 3

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules prescribe the application form which must be used when applying for a violent offender order or an interim violent offender order under the Criminal Justice and Immigration Act 2008 (the “2008 Act”).

The Rules also prescribe the form which must be used when making a violent offender order or an interim violent offender order.

The Rules provide that an application to vary, discharge or renew a violent offender order or to vary or discharge an interim violent offender order must be made in writing, specifying the reason for the application.

The Rules also provide that if the defendant wishes to serve a notice on the applicant under section 99(7) of the 2008 Act (which is a notice denying that an act done outside England and Wales would have constituted a specified offence if it had been done in England and Wales) the defendant must do so no later than three days before the hearing date for the application under section 100 of the 2008 Act.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1980 c.43. Section 144 was amended by paragraph 25 of Schedule 18 to the Courts and Legal Services Act 1990 (c.41), paragraph 29 of Schedule 11 to the Access to Justice Act 1999 (c.22), paragraph 245 of Schedule 8 and Schedule 10 to the Courts Act 2003 (c.39) and paragraph 102 of Schedule 4 to the Constitutional Reform Act 2005 (c.4). Section 144 is also amended by paragraph 4 of Schedule 11 to the Constitutional Reform Act 2005 and paragraph 43 of Schedule 21 to the Legal Services Act 2007 (c.29).

(2)

2008 c.4.