{
  "url": "https://openlegislation.uk/criminal-procedure-amendment-rules-2008/rule-10",
  "json_url": "https://openlegislation.uk/criminal-procedure-amendment-rules-2008/rule-10.json",
  "legislation": "uksi/2008/2076",
  "legislation_title": "The Criminal Procedure (Amendment) Rules 2008",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-amendment-rules-2008",
  "path": "rule/10",
  "kind": "rule",
  "number": "10",
  "heading": null,
  "text": "In Part 37 (Summary trial), after rule 37.8, insert—\n“Magistrates' court officer to have copies of documents sent to accused under section 12(1) of the Magistrates' Courts Act 1980\n37.9 Where the prosecutor notifies a magistrates' court officer that the documents mentioned in section 12(1)(a) and 12(1)(b) of the Magistrates' Courts Act 1980 have been served upon the accused, the prosecutor shall send to the court officer a copy of the documents mentioned in section 12(1)(b).\n[Note. Formerly rule 7.9 of these Rules, which derived from rule 73 of The Magistrates' Courts Rules 1981. Section 12 of the Magistrates' Courts Act 1980 applies where a summons has been issued requiring a person to appear before a magistrates' court, other than a youth court, to answer an information for a summary offence punishable with not more than 3 months' imprisonment. The documents mentioned in section 12(1)(b) are: a notice stating the effect of section 12, and either a statement of the facts to be placed before the court if the accused pleads guilty by post, or copies of the statements of the prosecution witnesses.]\nNotice of order under section 25 of the Road Traffic Offenders Act 1988\n37.10 Where a magistrates' court makes an order under section 25 of the Road Traffic Offenders Act 1988 that an offender shall inform the court of his date of birth or sex or both and the offender is not present in court, the court officer shall serve notice in writing of the order on the offender.\n[Note: Formerly rule 7.5 of these Rules, which derived from rule 108 of The Magistrates' Courts Rules 1981.]\nDuty of court officer receiving statutory declaration under section 14(1) of the Magistrates' Courts Act 1980\n37.11 Where a magistrates' court officer receives a statutory declaration which complies with section 14(1) of the Magistrates' Courts Act 1980 (accused did not know of proceedings), he shall—\n(a) note the receipt of the declaration in the register; and\n(b) inform the prosecutor and, if the prosecutor is not a constable, the chief officer of police, of the receipt of the declaration.\n[Note: Formerly rule 7.4 of these Rules, which derived from rule 20 of The Magistrates' Courts Rules 1981. As to the requirement to keep a register, see rule 6.1.]”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 10 in force at 6.10.2008, see rule 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1980 c. 43; section 12(1) was substituted by section 45 of, and paragraph 1 of Schedule 5 to, the Criminal Justice and Public Order Act 1994 (c. 33) and amended by section 109 of, and paragraph 203 of Schedule 8 to, the Courts Act 2003 (c. 39) and sections 308 and 332 of, and Part 12 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1988 c. 53; section 25 was amended by section 90 of, and paragraphs 140 and 142 of Schedule 13 to, the Access to Justice Act 1999 (c. 22), section 7 of, and paragraph 118 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) and section 109 of, and paragraph 311 of Schedule 8 to, the Courts Act 2003 (c. 39)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1980 c. 43; section 14(1) was amended by section 109 of, and paragraph 205 of Schedule 8 to, the Courts Act 2003 (c. 39)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/2076/rule/10",
    "retrieved_at": "2026-10-29T03:26:12.627089+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}