The Magistrates’ Courts (Forms) (Amendment) Rules 1997

• Citation: S.I. 1997/707
• Sections: 12

Section 1 Citation and commencement

(1) These Rules may be cited as the Magistrates’ Courts (Forms) (Amendment) Rules 1997 and shall, subject to paragraph (2) below, come into force on 1st April 1997.

(2) These Rules, other than rule 3(b), shall have effect in the same way as Schedules 1 and 2 to the Criminal Procedure and Investigations Act 1996 have effect.

Section 2 Interpretation

In these Rules any reference to a form is a reference to a form contained in Schedule 2 to the Magistrates Courts (Forms) Rules 1981 .

Section 3 Amendment of Magistrates’ Courts (Forms) Rules 1981

In form 13 (Statement of witness)—

(a) in the heading, for the words “S.102” there shall be substituted “ss5A(3)(a) and 5B”, and

(b) for the number “21” in both places where it occurs there shall be substituted “18”.

Section 4 Amendment of Magistrates’ Courts (Forms) Rules 1981

In form 14 (Notice to defendant: proof by written statement)—

(a) in the heading, the words “MC Act 1980, s 102” shall be omitted;

(b) for the words “may only be tried before a jury [or may” there shall be substituted “[may”;

(c) before the words “Each” there shall be inserted the words “If the offence is [or the offences are] tried by the Magistrates’ Court”;

(d) for the words “If [* you do not do so within 7 days of receiving this notice and the offence[s] is/are tried by the Magistrates’ Court” there shall be substituted “If you do not do so within 7 days of receiving this notice”;

(e) the words “If the offence[s] is/are not tried” to “then to be called” shall be omitted; and

(f) the words “* Omit if offence cannot be tried by magistrates’ court” shall be omitted.

Section 5 Amendment of Magistrates’ Courts (Forms) Rules 1981

After form 14 there shall be inserted—

Section 6 Amendment of Magistrates’ Courts (Forms) Rules 1981

In form 16 (Certificate to be sent to Crown Court on committal for trial)—

(a) in the heading, for the words in the brackets there shall be substituted “CPI Act 1996, s.68, Schedule 2; MC Act 1980, ss.4, 5A to 5D, 6, 8, 97A, 98; MC Rules 1981, rr.4B, 6, 7, 8, 11”;

(b) for the paragraphs which are side-headed “Depositions” and “Statements” respectively there shall be substituted—

Documentary Evidence

I hereby certify that—

(a) the statements by the persons listed in Part I of Schedule hereto; and

(b) the depositions of the persons listed in Part II of that Schedule;

were tendered in evidence in accordance with section 5A of the Magistrates’ Courts Act 1980.

(c) for the paragraph side-headed “Alibi” there shall be substituted—

Notice of right to object to statement or deposition being read as evidence at trial without oral evidence

I hereby certify that the accused, having been notified by the prosecutor, was reminded by the court on his committal for trial of his right to object, by written notification to the prosecutor and the Crown Court within 14 days of being committed for trial, unless that court permits such an objection to be made outside that period, to any statement or deposition being read as evidence at the trial without oral evidence being given by the person who made the statement or deposition and without the opportunity to cross-examine that person.

(d) the footnotes marked * and † respectively shall be omitted; and

(e) for Schedule 2 there shall be substituted—

STATEMENTS

DEPOSITIONS

Section 7 Amendment of Magistrates’ Courts (Forms) Rules 1981

Forms 22 (Witness order) and 23 (Notice to witness that a witness order is to be treated as a conditional order) shall be omitted.

Section 8 Amendment of Magistrates’ Courts (Forms) Rules 1981

Form 24 (Notice of provisions of section 11 of the Criminal Justice Act 1967) shall be omitted.

Section 9 Amendment of Magistrates’ Courts (Forms) Rules 1981

In form 25 (List of exhibits) in the table the column headed “Produced by prosecution (P) or defence (D)” shall be omitted.

Section 10 Amendment of Magistrates’ Courts (Forms) Rules 1981

In form 136 (Summons to witness)—

(a) in the heading for the words “section 97” there shall be substituted “ss.97, 97A”; and

(b) for the words “at the hearing of” there shall be substituted “[at the hearing of] [for the purposes of the committal proceedings in]”.

Section 11 Amendment of Magistrates’ Courts (Forms) Rules 1981

In forms 137 (Warrant for arrest on witness or failure to appear to summons) and 138 (Warrant for arrest of witness in first instance)—

(a) in the heading, after the number “97” there shall be inserted “97A,”; and

(b) for the words “at the hearing of” there shall be substituted “[at the hearing of] [for the purposes of committal proceedings in]”.

Section 12 Amendment of Magistrates’ Courts (Forms) Rules 1981

In form 139 (Commitment of witness)—

(a) in the heading after the number “97” there shall be inserted “97A” and the number “134” shall be omitted; and

(b) for the words “on the hearing” there shall be substituted “[at the hearing of] [for the purposes of committal proceedings in respect of]”.