The Magistrates' Courts (Miscellaneous Amendments) Rules 2003

• Citation: S.I. 2003/1236
• Sections: 96

Section 1 Citation and commencement

These Rules may be cited as the Magistrates' Courts (Miscellaneous Amendments) Rules 2003 and shall come into force on 20th June 2003.

Section 2 Amendments to the Magistrates' Courts (Attachment of Earnings) Rules 1971

The Magistrates' Courts (Attachment of Earnings) Rules 1971 are amended in accordance with rules 3 to 8 below.

Section 3 Amendments to the Magistrates' Courts (Attachment of Earnings) Rules 1971

Omit rule 2(5).

Section 4 Amendments to the Magistrates' Courts (Attachment of Earnings) Rules 1971

Omit rule 5.

Section 5 Amendments to the Magistrates' Courts (Attachment of Earnings) Rules 1971

Omit rule 14(2).

Section 6 Amendments to the Magistrates' Courts (Attachment of Earnings) Rules 1971

(1) In rule 23(2) omit “5,”.

(2) Omit rule 23(3).

Section 7 Amendments to the Magistrates' Courts (Attachment of Earnings) Rules 1971

Omit rule 24.

Section 8 Amendments to the Magistrates' Courts (Attachment of Earnings) Rules 1971

Omit the Schedule.

Section 9 Amendments to the Magistrates' Courts Rules 1981

The Magistrates' Courts Rules 1981 are amended in accordance with rules 10 to 46 below.

Section 10 Amendments to the Magistrates' Courts Rules 1981

In the Arrangement of Rules—

(a) for the entry for rule 16 “Form of conviction or order” substitute “Record of Adjudication”;

(b) after the entry for rule 27 in the heading “Conditional Discharge and Probation” omit “and Probation”;

(c) for the entry for rule 28 “Notification of discharge, etc , of community order or order for conditional discharge” substitute “Notification in relation to an order for conditional discharge”; and

(d) omit the entries relating to rules 40, 102 and 113.

Section 11 Amendments to the Magistrates' Courts Rules 1981

In rule 2—

(a) after the definition of “the Act of 1989” insert—

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

(b) omit the definition of “contribution order”;

(c) after the definition of “child” insert—

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

“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.

(d) for paragraph (2) substitute—

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

(e) after paragraph (6) insert—

(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 12 Amendments to the Magistrates' Courts Rules 1981

In rule 10 omit “in the prescribed form”.

Section 13 Amendments to the Magistrates' Courts Rules 1981

In rule 11(2)—

(a) in sub-paragraph (n) for “legal aid order” substitute “representation order”;

(b) omit sub-paragraph (o);

(c) in sub-paragraph (p) for “legal aid application” substitute “application for a representation order”; and

(d) omit sub-paragraph (q).

Section 14 Amendments to the Magistrates' Courts Rules 1981

In rule 11A(1)—

(a) in sub-paragraph (g) for “legal aid order” substitute “representation order”;

(b) omit sub-paragraph (h);

(c) in sub-paragraph (i) for “legal aid application” substitute “application for a representation order”; and

(d) omit sub-paragraph (j).

Section 15 Amendments to the Magistrates' Courts Rules 1981

In rule 15(2) omit from “and paragraph (2)” to the end of the sentence.

Section 16 Amendments to the Magistrates' Courts Rules 1981

(1) For the heading to rule 16 substitute “Record of Adjudication”.

(2) For rule 16(1) substitute—

(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.

(3) Omit rule 16(2).

Section 17 Amendments to the Magistrates' Courts Rules 1981

(1) In rule 17(1)—

(a) for “section 37 or 38 of the Act of 1980, section 56(1) of the Criminal Justice Act 1967, section 24(2)(a) of the Powers of Criminal Courts Act 1973, section 6 of the Bail Act 1976 or section 40(3)(b) of the Criminal Justice Act 1991” substitute “sections 3, 6, 116(3)(b) or 120(2)(a) of the Act of 2000 or section 6 of the Bail Act 1976”;

(b) in sub-paragraph (g) for “section 28 of the Theft Act 1968 (orders for restitution)” substitute “section 148 of the Act of 2000 (restitution orders)”; and

(c) omit sub-paragraph (h).

(2) For rule 17(2) substitute—

(2) Where a magistrates' court commits an offender to the Crown Court under the Vagrancy Act 1824 or sections 3, 6 or 120(2) of the Act of 2000 and the magistrates' court on that occasion imposes, under section 26 of the Road Traffic Offenders Act 1988 , an interim disqualification for holding or obtaining a licence under Part III of the Road Traffic Act 1988, the justices' chief executive for the magistrates' court shall give notice of the interim disqualification to the appropriate officer of the Crown Court.

Section 18 Amendments to the Magistrates' Courts Rules 1981

In rule 18(b) for “section 38 of the Act of 1980” substitute “section 3 of the Act 2000”.

Section 19 Amendments to the Magistrates' Courts Rules 1981

(1) In rule 19(1)—

(a) for “section 39 of the Act of 1980” substitute “section 10 of the Act of 2000”;

(b) in sub-paragraph (f) for “section 28 of the Theft Act 1968 (orders for restitution)” substitute “section 148 of the Act of 2000 (restitution orders)”;

(c) in sub-paragraph (g)—

(i) for “legal aid order” substitute “representation order”; and

(ii) after the semi-colon at the end of the sub-paragraph insert “and”;

(d) in sub-paragraph (h)—

(i) for “legal aid application” substitute “application for a representation order”; and

(ii) omit “and”; and

(c) omit sub-paragraph (i).

(2) In rule 19(2) and (3) for “section 39” substitute “section 10”.

Section 20 Amendments to the Magistrates' Courts Rules 1981

In rule 20(a) omit “against the entry in respect of the trial of the information to which the declaration relates”.

Section 21 Amendments to the Magistrates' Courts Rules 1981

In rule 24 for “section 30 of the Act of 1980” substitute “section 11 of the Act of 2000”.

Section 22 Amendments to the Magistrates' Courts Rules 1981

(1) In rule 25(1)—

(a) in sub-paragraph (c) “legal aid order” substitute “representation order”;

(b) in sub-paragraph (d) “legal aid application” substitute “application for a representation order”; and

(c) omit sub-paragraphs (e) and (ee).

(2) In rule 25(2)—

(a) omit sub-paragraph (a);

(b) in sub-paragraph (c) for “legal aid order” substitute “representation order”;

(c) in sub-paragraph (d) for “legal aid application” substitute “application for a representation order”; and

(d) omit sub-paragraphs (e) and (ee).

Section 23 Amendments to the Magistrates' Courts Rules 1981

In rule 27 for “section 1 of the Powers of Criminal Courts 1973” substitute “section 1 of the Act of 2000”.

Section 24 Amendments to the Magistrates' Courts Rules 1981

Before rule 28 in the heading “Conditional Discharge and Probation” omit “and Probation”.

Section 25 Amendments to the Magistrates' Courts Rules 1981

For rule 28 substitute—

Notification in relation to an order for conditional discharge

(28)

(1) Where a magistrates' court deals with a person under section 13 of the Powers of Criminal Courts (Sentencing) Act 2000 in relation to an order for conditional discharge which was not made by that court the justices' chief executive for the court shall give notice of the result of the proceedings to the justices' chief executive for the court by which the order was made.

(2) The justices' chief executive for a magistrates' court receiving a notice under this rule shall note the decision of the other court in the register.

Section 26 Amendments to the Magistrates' Courts Rules 1981

(1) In rule 29(1) for “section 23 of the Powers of Criminal Courts Act 1973” substitute “section 119 of the Act of 2000”.

(2) In rule 29(2)—

(a) for “section 23” substitute “section 119”; and

(b) omit “against the original entry in respect of the suspended sentence” in both places where it appears.

Section 27 Amendments to the Magistrates' Courts Rules 1981

(1) In rule 30(1)—

(a) for “section 23(1)(a) or (b) of the Powers of Criminal Courts Act 1973” substitute “section 119(1)(a) or (b) of the Act of 2000”; and

(b) omit “against the original entry in respect of the suspended sentence supervision order”.

(2) In rule 30(2)—

(a) for “section 26(9) of the said Act of 1973” substitute “section 124(1) of the Act of 2000”; and

(b) omit “against the original entry in respect of that order”.

(3) In rule 30(3) for “section 27 of the said Act of 1973” substitute “section 123 of the Act of 2000”.

Section 28 Amendments to the Magistrates' Courts Rules 1981

Omit rule 40.

Section 29 Amendments to the Magistrates' Courts Rules 1981

In rule 46(1) for “section 32(1) of the Powers of Criminal Courts Act 1973” substitute “section 140(1) of the Act of 2000”.

Section 30 Amendments to the Magistrates' Courts Rules 1981

In rule 57(3) omit “in the prescribed form”.

Section 31 Amendments to the Magistrates' Courts Rules 1981

In rule 65(2)(m) for “section 32(1) of the Powers of Criminal Courts Act 1973” substitute “section 140(1) of the Act of 2000”.

Section 32 Amendments to the Magistrates' Courts Rules 1981

(1) For rule 66(2) substitute—

(2) The register may be stored in electronic form on the court computer system and entries in the register shall include, where relevant, the following particulars—

(a) the name of the informant, complainant or applicant;

(b) the name and date of birth (if known) of the defendant or respondent;

(c) the nature of offence, matter of complaint or details of the application;

(d) the date of offence or matter of complaint;

(e) the plea or consent to order; and

(f) the minute of adjudication.

(2) for rule 66(9) substitute—

(9) In the case of conviction or dismissal, the register shall clearly show the nature of the offence of which the accused is convicted or, as the case may be, the nature of the offence charged in the information that is dismissed.

(3) In rule 66(10A) for “section 35(1) of the Powers of Criminal Courts Act 1973” substitute “section 130(3) of the Act of 2000”.

(4) Omit rules 66(11) and (11A).

Section 33 Amendments to the Magistrates' Courts Rules 1981

(1) For rule 67(2) substitute—

(2) The service of any process or other document required or authorised to be served may be proved in any proceedings before a magistrates' court by a document purporting to be a certificate signed by the person by whom the service was effected.

(2) After rule 67(3) insert—

(4) Any process or other document produced by the court computer system on a given day shall be sufficient evidence that the process or other document was sent to the person to whom it is addressed within 2 days of it being produced, unless the contrary is proved.

Section 34 Amendments to the Magistrates' Courts Rules 1981

In rule 68—

(a) omit “any document purporting to be”; and

(b) omit “and to be”.

Section 35 Amendments to the Magistrates' Courts Rules 1981

In rule 86(2) and (3) omit “in the prescribed form”.

Section 36 Amendments to the Magistrates' Courts Rules 1981

In rule 87(b) omit “in the prescribed form”.

Section 37 Amendments to the Magistrates' Courts Rules 1981

In rule 90 omit “and shall contain the particulars set out in the appropriate form prescribed for the purpose”.

Section 38 Amendments to the Magistrates' Courts Rules 1981

In rule 93A(4), (5) and (9) omit “in the appropriate form prescribed for the purpose”.

Section 39 Amendments to the Magistrates' Courts Rules 1981

(1) In rules 93B(3) and (7)(a) omit “in the prescribed form”.

(2) In rule 93B(7)(b) omit “and shall be in the prescribed form”.

Section 40 Amendments to the Magistrates' Courts Rules 1981

Omit rule 96(6)(b).

Section 41 Amendments to the Magistrates' Courts Rules 1981

Omit rule 97(7)(c).

Section 42 Amendments to the Magistrates' Courts Rules 1981

After rule 98(3) insert—

(4) In this rule where a signature is required, an electronic signature incorporated into the document shall satisfy this requirement.

Section 43 Amendments to the Magistrates' Courts Rules 1981

Omit rule 102.

Section 44 Amendments to the Magistrates' Courts Rules 1981

In rule 104(1) for “section 37 of the Powers of Criminal Courts Act 1973” substitute “section 133 of the Act of 2000”.

Section 45 Amendments to the Magistrates' Courts Rules 1981

After rule 109(2) insert—

(3) In this rule where a signature is required on a form or warrant other than an arrest, remand or commitment warrant, an electronic signature incorporated into the document will satisfy this requirement.

Section 46 Amendments to the Magistrates' Courts Rules 1981

Omit rule 113.

Section 47 Amendments to the Magistrates' Courts (Forms) Rules 1981

The Magistrates' Courts (Forms) Rules 1981 are amended in accordance with rule 48 below.

Section 48 Amendments to the Magistrates' Courts (Forms) Rules 1981

In Schedule 2—

(a) in the Table of Contents omit all entries except those relating to forms 1, 13, 14, 25, 29, 30, 77, 84, 92I, 98, 104, 107, 111, 121, 155, 156, 160 and 161; and

(b) omit all forms except forms 1, 13, 14, 25, 29, 30, 77, 84, 92I, 98, 104, 107, 111, 121, 155, 156, 160 and 161.

Section 49 Amendments to the Magistrates' Courts (Notices of Transfer) Rules 1988

The Magistrates' Courts (Notices of Transfer) Rules 1988 are amended in accordance with rules 50 to 53 below.

Section 50 Amendments to the Magistrates' Courts (Notices of Transfer) Rules 1988

In the Arrangement of Rules omit the entries relating to rule 8 and the Schedule.