PART 2UNDERSTANDING AND APPLYING THE RULES
Representatives2.4
1
Under these Rules, unless the context makes it clear that something different is meant, anything that a party may or must do may be done—
a
by a legal representative on that party’s behalf;
b
by a person with the corporation’s written authority, where that corporation is a defendant;
c
with the help of a parent, guardian or other suitable supporting adult where that party is a defendant—
i
who is under 18, or
ii
whose understanding of what the case involves is limited.
2
A member, officer or employee of a prosecutor may, on the prosecutor’s behalf—
a
serve on the magistrates’ court officer, or present to a magistrates’ court, an information under section 1 of the Magistrates’ Courts Act 198030; or
b
issue a written charge and requisition under section 29 of the Criminal Justice Act 200331.
[Note. See also section 122 of the Magistrates’ Courts Act 198032. A party’s legal representative must be entitled to act as such under section 13 of the Legal Services Act 200733.
Section 33(6) of the Criminal Justice Act 192534, section 46 of the Magistrates’ Courts Act 198035 and Schedule 3 to that Act36 provide for the representation of a corporation.
Sections 3 and 6 of the Prosecution of Offences Act 198537 make provision about the institution of prosecutions.
Section 223 of the Local Government Act 197238 allows a member or officer of a local authority on that authority’s behalf to prosecute or defend a case before a magistrates’ court, and to appear in and to conduct any proceedings before a magistrates’ court.
Part 7 contains rules about starting a prosecution.]