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9.4.—(1) This rule applies—
(a)only in a magistrates’ court; and
(b)unless the court—
(i)includes a District Judge (Magistrates’ Courts), and
(ii)otherwise directs.
(2) On the court’s behalf, a justices’ legal adviser may—
(a)read the allegation of the offence to the defendant;
(b)give any explanation and ask any question required by the rules in this Part; and
(c)make any announcement required by the rules in this Part, other than an announcement of—
(i)the court’s decisions about allocation and sending,
(ii)any indication by the court of likely sentence, or
(iii)sentence.
(3) A justices’ legal adviser must—
(a)assist an unrepresented defendant;
(b)give the court such advice as is required to enable it to exercise its powers; and
(c)if required, attend the members of the court outside the courtroom to give such advice, but inform the parties of any advice so given.
[Note. For the functions of a justices’ legal adviser, see sections 28 and 29 of the Courts Act 2003(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).
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