The Criminal Procedure Rules 2020

Duty of justices’ legal adviser

24.14.—(1) A justices’ legal adviser must attend the court and carry out the duties listed in this rule, as applicable, unless the court—

(a) includes a District Judge (Magistrates’ Courts); and

(b) otherwise directs.

(2) A justices’ legal adviser must—

(a) before the hearing begins, by reference to what is provided for the court under rule 24.13 (Provision of documents for the court) draw the court’s attention to—

(i) what the prosecutor alleges,

(ii) what the parties say is agreed,

(iii) what the parties say is in dispute, and

(iv) what the parties say about how each expects to present the case, especially where that may affect its duration and timetabling;

(b) whenever necessary, give the court legal advice and—

(i) if necessary, attend the members of the court outside the courtroom to give such advice, but

(ii) inform the parties (if present) of any such advice given outside the courtroom; and

(c) assist the court, where appropriate, in the formulation of its reasons and the recording of those reasons.

(3) A justices’ legal adviser must—

(a) assist an unrepresented defendant; and

(b) assist the court by—

(i) making a note of the substance of any oral evidence or representations, to help the court recall that information,

(ii) if the court rules inadmissible part of a written statement introduced in evidence, marking that statement in such a way as to make that clear,

(iii) ensuring that an adequate record is kept of the court’s decisions and the reasons for them, and

(iv) making any announcement, other than of the verdict or sentence.

(4) Where the defendant has served a notice of guilty plea to which rule 24.8 (Written guilty plea: special rules) applies, a justices’ legal adviser must—

(a) unless the court otherwise directs, if any member of the public, including any reporter, is present, read aloud to the court—

(i) the material on which the prosecutor relies to set out the facts of the offence and to provide information relevant to sentence (or summarise any written statement included in that material, if the court so directs), and

(ii) any written representations by the defendant; and

(b) otherwise, draw the court’s attention to—

(i) what the prosecutor alleges, and any significant features of the material listed in paragraph (4)(a)(i), and

(ii) any written representations by the defendant.

(5) Where the court tries a case under rule 24.9 (Single justice procedure: special rules), a justices’ legal adviser must draw the court’s attention to—

(a) what the prosecutor alleges, and any significant features of the material on which the prosecutor relies to prove the alleged offence and to provide information relevant to sentence; and

(b) any representations served by the defendant.

[Note. Section 28 of the Courts Act 2003(1) provides for the functions of a justices’ legal adviser. See also sections 12 and 16A of the Magistrates’ Courts Act 1980(2).

Under section 12(7ZA) of the 1980 Act(3), Criminal Procedure Rules may specify which of the documents listed in section 12(7) of that Act(4), if any, must be read aloud, and may require them to be read aloud only in circumstances specified in the rules.]

(1)

2003 c. 39; section 28 was amended by section 15 of, and paragraphs 308 and 327 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4).

(2)

1980 c. 43; section 12 was amended by section 45 of, and paragraph 1 of Schedule 5 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 1 of the Magistrates’ Courts (Procedure) Act 1998 (c. 15), section 109 of, and paragraph 203 of Schedule 8 to, the Courts Act 2003 (c. 39), section 308 of, and Part 12 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) and section 81 of the Deregulation Act 2015 (c. 20). Section 16A was inserted by section 48 of the Criminal Justice and Courts Act 2015 (c. 2).

(3)

1980 c. 43; section 12(7ZA) was inserted by section 81 of the Deregulation Act 2015 (c. 20).

(4)

1980 c. 43; section 12(7) was amended by section 81 of the Deregulation Act 2015 (c. 20).