The Magistrates' Courts Rules 1981

• Citation: S.I. 1981/552
• Sections: 147

Section 1 Citation, operation and revocations

(1) These Rules may be cited as the Magistrates' Courts Rules 1981 and shall come into operation on 6th July 1981.

(2) The Rules mentioned in the Schedule to these Rules are hereby revoked; but where proceedings were commenced before 6th July 1981 and the old enactments within the meaning of paragraphs 1 and 2(2) of Schedule 8 to the Magistrates' Courts Act 1980 continue to apply by virtue of paragraph 2(1) of the said Schedule 8, the provisions of the Rules so mentioned continue to apply and nothing in these Rules affects those provisions.

Section 2 Interpretation

(1) In these Rules—

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“ the Act of 1980 ” means the Magistrates' Courts Act 1980;

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“the Act of 2000 ” means the Powers of Criminal Courts (Sentencing) Act 2000;

“the Act of 1998 ” means the Crime and Disorder Act 1998;

“justices' legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;

“business day” means any day other than—

a Saturday, Sunday, Christmas Day or Good Friday; or

a bank holiday under the Banking and Financial Dealings Act 1971, in England and Wales;

“ child ” means a person who has not attained the age of 18;

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“court computer system” means a computer or computer system which is used to assist to discharge and record the business of the court.

“ domestic abuse protection notice ” has the same meaning as in section 22 of the Domestic Abuse Act 2021 (power to give a domestic abuse protection notice);

“ domestic abuse protection order ” has the same meaning as in section 27 of the Domestic Abuse Act 2021 (meaning of “ domestic abuse protection order ”);

“electronic signature” is as much of anything in electronic form as

is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.

“ judgment summons ” has the meaning assigned to it by rule 58.

“live link” means an arrangement by which—

a person (P) taking part in proceedings can hear, or can see and hear, every other person taking part in those proceedings who is not in the same location as P; and

all those other people can hear, or can see and hear, P;

“the Schedule 12 procedure” means the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods and selling them to recover a sum of money).

(2) In these Rules “representation order” has the meaning assigned to it by section 14 of the Access to Justice Act 1999.

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(4) In these Rules a reference to “the authorised persons for the area in which they are employed” is a reference to the persons employed by an authority which performs its functions within that area who are authorised to execute warrants within that area in pursuance of rule 3 of the Magistrates' Courts (Civilian Fine Enforcement Officers)(No. 2) Rules 1990 .

(5) Any requirement in these Rules that a document shall be in the prescribed form shall be construed as a requirement that the document shall be in the form prescribed in that behalf by rules made under section 144 of the Act of 1980, or a form to like effect.

(6) In these Rules any reference to a rule shall be construed as a reference to a rule contained in these Rules; and any reference in a rule to a paragraph shall be construed as a reference to a paragraph of that rule.

(7) Subject to rules 15 and 99, where these Rules require a document to be given or sent, or a notice to be communicated in writing, it may, with the consent of the addressee, be sent by electronic communication.

(8) Electronic communication means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

(a) by means of a telecommunication system (within the meaning of the Telecommunications Act 1984); or

(b) by other means but while in an electronic form.

Section 3 Duties of justices’ legal advisers

(1) This rule applies in relation to a magistrates’ court, including a youth court, that comprises a lay justice or lay justices.

(2) A justices’ legal adviser―

(a) must provide the court with any legal advice that it needs to carry out its functions, whether the court asks for that advice or not, including advice about―

(i) questions of law,

(ii) questions of mixed law and fact,

(iii) matters of practice and procedure,

(iv) relevant judicial decisions that bind the court,

(v) the process to be followed to reach a decision,

(vi) the process to be followed when determining a matter,

(vii) the range of orders available to the court and the matters to be taken into account, and

(viii) any other matter relevant to the case before the court;

(b) must allow the parties, if present, an opportunity to make representations to the court about that advice;

(c) before a hearing begins must draw the court’s attention to, as appropriate—

(i) the substance of any application about to be made, including the test (if any) which must be applied and the burden and standard of proof,

(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;

(d) must assist the court by making a note of the substance of any oral evidence or representations, to help the court recall that information;

(e) may ask questions of a party or witness on the court’s behalf to clarify representations and evidence and to obtain information sufficient to allow the court to make such decisions as are required;

(f) must assist the court with the formulation and recording of reasons for its orders and, if necessary, other decisions; and

(g) may make announcements on the court’s behalf, other than an announcement of an order or finding of fact.

(3) To provide the legal advice required by paragraph (2)(a) a justices’ legal adviser must―

(a) if necessary, attend the members of the court outside the courtroom; and

(b) in that event, inform the parties, if present, of any such advice given there.

(4) A justices’ legal adviser must assist a party who has no legal representative—

(a) to understand what the court requires and why;

(b) to provide information required by the court to prepare for a hearing or to carry out its other functions; and

(c) if necessary, to make representations to the court or to give evidence.

(5) In performing the functions for which these Rules provide a justices’ legal adviser―

(a) must avoid the appearance of advocacy for a party;

(b) must adhere to the same principles that apply to courts of independence, impartiality, integrity, propriety, competence, diligence and ensuring fair treatment; and

(c) may consult with other justices’ legal advisers.

Section 3A —Case management

(1) The court must actively manage the case. That includes—

(a) the early identification of the real issues;

(b) the early identification of the needs of witnesses;

(c) achieving certainty as to what must be done, by whom and when, in particular by the early setting of a timetable for the progress of the case;

(d) monitoring the progress of the case and compliance with directions;

(e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way;

(f) discouraging delay, dealing with as many aspects of the case as possible on the same occasion and avoiding unnecessary hearings;

(g) encouraging the participants to co-operate in the progression of the case; and

(h) making use of technology , including live links .

(2) The court must actively manage the case by giving any direction appropriate to the needs of that case as early as possible.

(3) Each party must—

(a) actively assist the court in managing the case without, or if necessary with, a direction; and

(b) apply for a direction if needed to assist with the management of the case.

(4) At the beginning of the case each party must, unless the court otherwise directs—

(a) nominate an individual responsible for progressing that case; and

(b) tell other parties and the court who he is and how to contact him.

(5) In fulfilling its duty under paragraphs (1) and (2), the court must where appropriate—

(a) nominate a court officer responsible for progressing the case; and

(b) make sure the parties know who he is and how to contact him.

(6) In this rule a person nominated under paragraphs (4) and (5) is called a case progression officer. A case progression officer must—

(a) monitor compliance with directions;

(b) make sure that the court is kept informed of events that may affect the progress of that case;

(c) make sure that he can be contacted promptly about the case during ordinary business hours;

(d) act promptly and reasonably in response to communications about the case; and

(e) if he will be unavailable, appoint a substitute to fulfil his duties and inform the other case progression officers

(7) In fulfilling its duty under paragraph (2) actively to manage the case the court may give any direction and take any step unless that direction or step would be inconsistent with legislation, including these Rules. In particular, the court may—

(a) nominate a magistrate or justices' legal adviser to manage the case;

(b) give a direction on its own initiative or on application by a party;

(c) ask or allow a party to propose a direction;

(d) for the purpose of giving directions, receive applications and representations by letter, by telephone or by any other means of electronic communication, and conduct a hearing by such means;

(e) give a direction without a hearing;

(f) fix, postpone, bring forward, extend or cancel a hearing;

(g) shorten or extend (even after it has expired) a time limit fixed by a direction;

(h) require that issues in the case should be determined separately, and decide in what order they will be determined; and

(i) specify the consequences of failing to comply with a direction.

(8) Any power to give a direction under this rule includes a power to vary or revoke that direction.

(9) A party may apply to vary a direction if—

(a) the court gave it without a hearing;

(b) the court gave it at a hearing in that party’s absence; or

(c) circumstances have changed.

(10) A party who applies to vary a direction must—

(a) apply as soon as practicable after becoming aware of the grounds for doing so; and

(b) give as much notice to the other parties as the nature and urgency of the application permits.

(11) The parties may agree to vary a time limit fixed by a direction, but only if—

(a) the variation will not—

(i) affect the date of any hearing that has been fixed, or

(ii) significantly affect the progress of the case in any other way; and

(b) the court has not prohibited variation by agreement.

(12) The court’s case progression officer must refer any agreement by the parties to vary a time limit under paragraph (11) to the court if he doubts the condition in paragraph (11) is satisfied.

(13) At every hearing, if a case cannot be concluded there and then the court must give directions so that it can be concluded at the next hearing or as soon as possible after that.

(14) At every hearing the court must, where relevant—

(a) if a party is absent, decide whether to proceed nonetheless;

(b) set, follow or revise a timetable for the progress of the case, which may include a timetable for any hearing;

(c) in giving directions, ensure continuity in relation to the court and to the parties’ representatives where that is appropriate and practicable; and

(d) where a direction has not been complied with, find out why, identify who was responsible, and take appropriate action.

(15) In fulfilling his duty under paragraph (3) actively to assist the court in managing the case, each party must—

(a) comply with directions given by the court;

(b) take every reasonable step to make sure that that party’s witnesses will attend when they are needed;

(c) make appropriate arrangements to present any written or other material; and

(d) promptly inform the court and the other parties of anything that may—

(i) affect the date or duration of any hearing, or

(ii) significantly affect the progress of the case in any other way.

(16) The court may require a party to give a certificate of readiness.

(17) In order to manage the case—

(a) the court must establish, with the active assistance of the parties, what disputed issues they intend to explore; and

(b) the court may require a party to identify—

(i) which witnesses will give oral evidence,

(ii) the order in which those witnesses will give their evidence;

(iii) whether that party requires an order compelling the attendance of a witness;

(iv) what arrangements are desirable to facilitate the giving of evidence by a witness;

(v) what arrangements are desirable to facilitate the participation of any other person;

(vi) what written evidence that party intends to introduce;

(vii) what other material, if any, that party intends to make available to the court in the presentation of the case;

(viii) whether that party intends to raise any point of law that could affect the conduct of the case; and

(ix) what timetable that party proposes and expects to follow.

(18) The court must make available to the parties a record of directions given.

Section 3B Live links

(1) The court may exercise its power to allow or require anyone, including any member or members of the court, to take part in proceedings by live link—

(a) on application or on the court’s own initiative; and

(b) as long as the court is satisfied that it is in the interests of justice to exercise that power in that way.

(2) Unless the court otherwise directs—

(a) a person who takes part in proceedings by live link must be treated as present; and

(b) where a member of the court takes part in proceedings by live link those proceedings must be treated as taking place—

(i) at any place at which the court lawfully can sit in England and Wales, and

(ii) at any such place as the designated officer advertises under rule 66E(2)(a).

Section 3C Measures to help a witness to give evidence

(1) The court may exercise its power to facilitate the giving of evidence by a witness—

(a) on application or on the court’s own initiative; and

(b) as long as the court is satisfied that it is in the interests of justice to exercise that power in that way.

(2) An applicant for the exercise of that power must explain which one or more of the following arrangements the applicant suggests—

(a) by means of a screen or other arrangement preventing the witness from seeing, or being seen by, another person except—

(i) any member of the court,

(ii) any legal representative acting in the proceedings, and

(iii) any interpreter or other person appointed to assist the witness;

(b) by means of a device allowing questions and answers to be communicated to or by the witness despite any disability, disorder or other impairment;

(c) allowing the witness to be accompanied, with directions about seating arrangements for the companion; and

(d) any other arrangement that the applicant thinks would be desirable to facilitate the giving of evidence by the witness and which the court has power to direct including any special measure that the court can direct by reason of section 49 of the Domestic Abuse Act 2021 .

Section 3D Forms and electronic arrangements for use in case management and for other purposes

(1) This rule applies where an enactment, a rule or the court requires a person to—

(a) make an application or a complaint, or give a notice;

(b) supply information for the purposes of case management by the court; or

(c) supply information needed for other purposes by the court.

(2) Unless the court otherwise directs, such a person must—

(a) use such electronic arrangements as the designated officer may make for that purpose, in accordance with those arrangements; or

(b) if no such arrangements have been made use the appropriate form issued by the Lord Chief Justice, in accordance with any relevant rule and any instructions in the form itself.

Section 4 Information and complaint

(1) An information may be laid or complaint made by the prosecutor or complainant in person or by his counsel or solicitor or other person authorised in that behalf.

(2) Subject to any provision of the Act of 1980 and any other enactment, an information or complaint need not be in writing or on oath.

(3) It shall not be necessary in an information or complaint to specify or negative an exception, exemption, proviso, excuse or qualification, whether or not it accompanies the description of the offence or matter of complaint contained in the enactment creating the offence or on which the complaint is founded.

Section 4A Documents served on the designated officer

(1) Unless the court otherwise directs, the designated officer may—

(a) keep a document served in connection with an information, complaint or application; or

(b) arrange for the whole or any part to be kept by the informant, complainant, applicant or some other appropriate person, subject to any conditions that the court may impose.

(2) A person who under such arrangements keeps such a document must provide it for the court if and when the designated officer so requires.

Section 4B Prosecutor’s notice to other party: right to object to written evidence being read at trial without further evidence

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Section 5 Restrictions on reports of committal proceedings

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Section 6 Committal for trial without consideration of evidence

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Section 7 Consideration of evidence at committal proceedings

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Section 8 Court’s reminder to a defendant: right to object to written evidence being read at trial without further proof

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Section 9 Notice to governor of prison of committal on bail

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Section 10 Notices on committal of person subject to transfer direction

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Section 11 Material to be sent to court of trial

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Section 11A Material to be sent to court of trial

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Section 12 Information to be for one offence only

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Section 13 Order of evidence and speeches: information

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Section 13A Procedure on information where accused is not legally represented

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Section 14 Order of evidence and speeches: complaint

(1) On the hearing of a complaint, except where the court determines under section 53(3) of the Act of 1980 to make the order with the consent of the defendant without hearing evidence, the complainant shall call his evidence, and before doing so may address the court.

(2) At the conclusion of the evidence for the complainant the defendant may address the court, whether or not he afterwards calls evidence.

(3) At the conclusion of the evidence, if any, for the defence, the complainant may call evidence to rebut that evidence.

(4) At the conclusion of the evidence for the defence and the evidence, if any, in rebuttal, the defendant may address the court if he has not already done so.

(5) Either party may, with the leave of the court, address the court a second time, but where the court grants leave to one party it shall not refuse leave to the other.

(6) Where the defendant obtains leave to address the court for a second time his second address shall be made before the second address, if any, of the complainant.

Section 15 Adjournment of trial of information

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Section 16 Record of Adjudication

(1) A record of summary conviction or order made on complaint required for an appeal or other legal purpose may be in the form of certified extract from the court register.

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Section 17 Application for order after giving domestic abuse protection notice

(1) On an application for a domestic abuse protection order made as a result of a person being given a domestic abuse protection notice—

(a) the court must treat the application as a complaint and the applicant as a complainant;

(b) the person given the notice must be treated as a defendant; and

(c) the domestic abuse protection notice must be treated as a summons.

(2) The application must include a statement of the time and date when the domestic abuse protection notice was given to the defendant.

Section 18 Notice of proposed terms of order

On an application for a domestic abuse protection order the applicant must—

(a) serve a notice that specifies the requirements (including any prohibitions or restrictions) which the applicant proposes as necessary to protect the person for whose protection the order is made from domestic abuse or the risk of domestic abuse, including different kinds of abusive behaviour; and

(b) serve that notice on the defendant and on the designated officer—

(i) as soon as reasonably practicable, and

(ii) in any event, no later than the beginning of the hearing.

Section 19 Service of order

Unless the court otherwise directs—

(a) a domestic abuse protection order must be served on the defendant; and

(b) service must be effected—

(i) by a constable or by an employee of a police authority, and

(ii) by handing a copy of the order to the defendant in person.

Section 20 Representations after application without notice

(1) This rule applies where the court makes a domestic abuse protection order—

(a) otherwise than as a result of a person being given a domestic abuse protection notice; and

(b) without notice to the defendant.

(2) The court must arrange a hearing at which the defendant may make representations to the court.

(3) Notice of the hearing—

(a) must be given to the applicant for the order; and

(b) must be served on the defendant with the order.

(4) If the defendant makes representations at the hearing—

(a) the court must treat such representations as a complaint;

(b) the court may exercise its powers to vary or discharge the domestic abuse protection order; and

(c) rule 21 (application to vary or discharge order) does not apply.

Section 21 Application to vary or discharge order

(1) This rule applies on an application under section 44 of the Domestic Abuse Act 2021 (variation and discharge of orders) to vary or discharge a domestic abuse protection order.

(2) A person who applies under this rule must—

(a) apply as soon as practicable after becoming aware of the grounds for doing so, explaining—

(i) why the order should be varied or discharged, and

(ii) what, if any, material circumstances have changed since the court made the order or last determined an application to vary or discharge it;

(b) where the application is a second or subsequent application by the applicant in respect of the same order—

(i) give details of each previous application, and

(ii) if the applicant wants the court to decide the application at a hearing, explain why; and

(c) serve the application on—

(i) the designated officer, and

(ii) at least one relevant chief officer of police within the meaning of section 44 of the Domestic Abuse Act 2021, unless the person applying under this rule is such a chief officer.

(3) Unless the court otherwise directs—

(a) a relevant chief officer of police who applies under this rule must in addition to serving the application under paragraph (2)(c)(i) serve it on—

(i) the person against whom the domestic abuse protection order was made,

(ii) the person for whose protection the domestic abuse protection order was made, and

(iii) if the person for whose protection the domestic abuse protection order was made is under 18, a parent or guardian of that person who is not the person against whom that order was made; and

(b) a relevant chief officer of police on whom an application under this rule is served must serve the application on each person listed in paragraph (3)(a) who is not the applicant.

(4) An application under this rule must be served as if it were a summons.

(5) The designated officer must give notice of any hearing to—

(a) the applicant; and

(b) each relevant chief officer of police on whom the application is served.

(6) Unless the court otherwise directs, a relevant chief officer of police must serve notice of any hearing on each person on whom that officer serves the application.

Section 22 Notice to responsible person of requirement for supervision or monitoring

(1) This rule applies where a domestic abuse protection order imposes on the defendant—

(a) a requirement to do something that specifies a person to be responsible for supervising compliance with that requirement, under section 36 of the Domestic Abuse Act 2021 (further provision about requirements that may be imposed by orders); or

(b) an electronic monitoring requirement, under section 37 of that Act (further provision about electronic monitoring requirements).

(2) The designated officer must—

(a) notify the person to be responsible for the supervision or monitoring that the order has been made and provide that person with—

(i) the defendant’s name, address and, if available, telephone number,

(ii) details of the requirement to be supervised or monitored,

(iii) the duration of the order, and

(iv) if applicable, details of the place at which the defendant’s presence must be monitored and the period or periods during which the defendant’s presence at that place must be monitored;

(b) inform the defendant of the responsible person’s identity and the means by which that person may be contacted; and

(c) notify the responsible person of any subsequent variation or discharge of the requirement.

Section 23 Exclusion of requirement for notice of hearsay evidence

Section 2(1) of the Civil Evidence Act 1995 (notice of proposal to adduce hearsay evidence) does not apply on an application for a domestic abuse protection order under section 28 of the Domestic Abuse Act 2021 (domestic abuse protection orders on application).

Section 24 Documents to be sent on remand for medical inquiry

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Section 25 Transfer of remand hearings

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Section 26 Notice of further remand in certain cases

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Section 27 Notification of conviction before expiration of period of deferment

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Section 28 Notification in relation to an order for conditional discharge

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Section 29 Entries in register in respect of suspended sentences

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Section 30 Suspended sentence supervision orders

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Section 31 Documents to be sent under Mental Health Act 1959

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Section 32 Endorsement of driving licence

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Section 33 Deposition of person dangerously ill

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Section 34 Appeal or application to be by complaint

Where under any enactment an appeal or application lies to a magistrates’ court against or in respect of the decision, order, act or omission of a local authority or other authority, or other body or person, the appeal or application shall be by way of complaint for an order.

Section 35 Time for hearing affiliation summons

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Section 35A Application for sums under affiliation order to be paid to person having custody of child

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Section 36 Reasons for decisions in certain domestic proceedings to be recorded

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Section 37 Copies of records to be supplied in connection with appeals

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Section 38 Certification of records

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Section 39 Method of making periodical payments

(1) Where a magistrates' court makes a means of payment order, the designated officer for the court shall record on the order for periodical payments to which the means of payment order relates, the means of payment which the court has ordered and the designated officer shall notify in writing, as soon as practicable, the person liable to make payments under the order of how payments are to be made.

(2) Where the court orders that payments by the debtor to the creditor are to be made to the designated officer for the court or to the designated officer for any other magistrates' court under section 59(3)(b) of the Act of 1980, the designated officer to whom the payments are ordered to be made shall notify the person liable to make the payments of the hours during which, and the place at which, payments are to be made.

(3) The designated officer for the court to whom any periodical payments are made shall send them by post to–

(a) the person entitled to them; or

(b) if the person entitled to them is a child, to the child or to the person with whom the child has his home:

Provided that the designated officer may –

(a) at the request of the person entitled to the payments; or

(b) if the person entitled to them is a child, at the request of the child or the person with whom the child has his home,

make other arrangements for making the payments.

(4) If a person makes any periodical payments to the designated officer for a magistrates' court otherwise than in person at the office of the designated officer , he shall do so at his own risk and expense.

(5) Where the court orders that payments by the debtor to the creditor be made by a method of payment falling within section 59(6) of the Act of 1980 (standing order, etc.), the designated officer for the court shall notify the person liable to make payments under the order of the number and location of the account into which the payments should made.

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(7) In this rule “means of payment order” means an order of a magistrates' court under paragraphs (a) to (d) of section 59(3) of the Act of 1980.

Section 40 Duty of clerk to notify arrears of periodical payments

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Section 41 Revocation, variation, etc., of orders for periodical payments

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