PART 46REPRESENTATIVES

Functions of representatives and supporters46.1

1

Under these Rules, 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

unless other legislation (including a rule) otherwise requires.

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 1980923; or

b

issue a written charge and requisition, or single justice procedure notice, under section 29 of the Criminal Justice Act 2003924.

[Note. See also section 122 of the Magistrates’ Courts Act 1980925. A party’s legal representative must be entitled to act as such under section 13 of the Legal Services Act 2007926.

Section 33(6) of the Criminal Justice Act 1925927, section 46 of the Magistrates’ Courts Act 1980928 and Schedule 3 to that Act929 provide for the representation of a corporation.

Sections 3 and 6 of the Prosecution of Offences Act 1985930 make provision about the institution of prosecutions.

Section 223 of the Local Government Act 1972931 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.]