# The Criminal Procedure (Amendment) Rules 2009, Schedule 1 Extent: E+W “Part 5 Forms and court records Contents of this Part Section 1: forms Forms rule 5.1 Magistrates' courts forms in Welsh rule 5.2 Signature of magistrates' courts forms by justices' clerk rule 5.3 Section 2: court records Magistrates' court register rule 5.4 Registration of endorsement of licence under section 57 of the Road Traffic Offenders Act 1988 rule 5.5 Registration of certificate issued under section 70 of the Road Traffic Offenders Act 1988 rule 5.6 Proof of proceedings in magistrates' courts rule 5.7 Section 1: forms Forms 5.1 The forms set out in the Practice Direction shall be used as appropriate in connection with the rules to which they apply. Magistrates' courts forms in Welsh 5.2 (1) Subject to the provisions of this rule, the Welsh language forms set out in the Practice Direction or forms to the like effect may be used in connection with proceedings in magistrates' courts in Wales. (2) Both a Welsh form and an English form may be used in the same document. (3) When only a Welsh form set out in the Practice Direction accompanying this rule, or only the corresponding English form, is used in connection with proceedings in magistrates' courts in Wales, there shall be added the following words in Welsh and English: “Darperir y ddogfen hon yn Gymraeg / Saesneg os bydd arnoch ei heisiau. Dylech wneud cais yn ddi-oed i (Glerc Llys yr Ynadon) (rhodder yma'r cyfeiriad)… This document will be provided in Welsh / English if you require it. You should apply immediately to (the Justices' Clerk to the Magistrates' Court) (address)…” (If a person other than a justices' clerk is responsible for sending or giving the document, insert that person’s name instead.) (4) The justices' clerk or other person responsible for the service of a form bearing the additional words set out in paragraph (3) above shall, if any person upon whom the form is served so requests, provide him with the corresponding English or Welsh form. (5) In this rule any reference to serving a document shall include the sending, giving or other delivery of it. (6) In the case of a discrepancy between an English and Welsh text the English text shall prevail. [Formerly rules 2 to 6 of, and Schedule 2 to, The Magistrates' Courts (Welsh Forms) Rules 1986.] Signature of magistrates' courts forms by justices' clerk 5.3 (1) Subject to paragraph (2) below, where any form prescribed by these Rules contains provision for signature by a justice of the peace only, the form shall have effect as if it contained provision in the alternative for signature by the justices' clerk. (2) This rule shall not apply to any form of information, complaint, statutory declaration or warrant, other than a warrant of commitment or of distress. (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. [Formerly rule 109 of The Magistrates' Court Rules 1981.] Section 2: court records Magistrates' court register 5.4 (1) A magistrates' court officer shall keep a register in which there shall be entered— (a) a minute or memorandum of every adjudication of the court; and (b) a minute or memorandum of every other proceeding or thing required by these Rules or any other enactment to be so entered. (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. (3) Particulars of any entry relating to a decision about bail, or the reasons for any such decision, or the particulars of any certificate granted under section 5(6A) of the Bail Act 1976, may be made in a record separate from that in which the entry recording the decision itself is made; but any such separate record shall be regarded as forming part of the register. (4) Where, by virtue of section 128(3A) of the Magistrates' Courts Act 1980, an accused gives his consent to the hearing and determination in his absence of any application for his remand on an adjournment of the case under sections 5, 10(1) or 18(4) of that Act, the court shall cause the consent of the accused, and the date on which it was notified to the court, to be entered in the register. (5) Where any consent mentioned in paragraph (4) is withdrawn, the court shall cause the withdrawal of the consent and the date on which it was notified to the court to be entered in the register. (6) On the summary trial of an information, the accused’s plea shall be entered in the register. (7) Where a court tries any person summarily in any case in which he may be tried summarily only with his consent, the court shall cause his consent to be entered in the register and, if the consent is signified by a person representing him in his absence, the court shall cause that fact also to be entered in the register. (8) Where a person is charged before a magistrates' court with an offence triable either way, the court shall cause the entry in the register to show whether he was present when the proceedings for determining the mode of trial were conducted; and, if they were conducted in his absence, whether they were so conducted by virtue of section 18(3) of the 1980 Act (disorderly conduct on his part) or by virtue of section 23(1) of that Act (consent signified by person representing him). (9) In any case to which section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small) applies, the court shall cause its decision as to the value involved or, as the case may be, the fact that it is unable to reach such a decision to be entered in the register. (10) Where a court has power under section 53(3) of the 1980 Act to make an order with the consent of the defendant without hearing evidence, the court shall cause any consent of the defendant to the making of the order to be entered in the register. (11) 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. (12) An entry of a conviction in the register shall state the date of the offence. (13) Where a court is required under section 130(3) of the Powers of Criminal Courts (Sentencing) Act 2000 to give reasons for not making a compensation order the court shall cause the reasons given to be entered in the register. (14) Where a court passes a custodial sentence, the court shall cause a statement of whether it obtained and considered a pre-sentence report before passing sentence to be entered in the register. (15) Every register shall be open to inspection during reasonable hours by any justice of the peace, or any person authorised in that behalf by a justice of the peace or the Lord Chancellor. (16) 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. (17) Such part of the register as relates to proceedings in a youth court may be recorded separately and stored in electronic form on the court computer system. [Formerly rules 16 and 66 of The Magistrates' Court Rules 1981, and rule 25 of The Magistrates' Courts (Children and Young Persons) Rules 1992.] Registration of endorsement of licence under section 57 of the Road Traffic Offenders Act 1988 5.5 A magistrates' court officer or justices' clerk who, as a fixed penalty clerk within the meaning of section 69(4) of the Road Traffic Offenders Act 1988, endorses a driving licence under section 57(3) or (4) of that Act (endorsement of licences without hearing) shall register the particulars of the endorsement in a record separate from the register kept under rule 6.1; but any such record shall be regarded as forming part of the register. [Formerly rule 66A of The Magistrates' Courts Rules 1981.] Registration of certificate issued under section 70 of the Road Traffic Offenders Act 1988 5.6 A magistrates' court officer shall register receipt of a registration certificate issued under section 70 of the Road Traffic Offenders Act 1988 (sum payable in default of fixed penalty to be enforced as a fine) in a record separate from the register kept under rule 5.4; but any such record shall be regarded as forming part of the register. [Formerly rule 66B of The Magistrates' Courts Rules 1981.] Proof of proceedings in magistrates' courts 5.7 The register of a magistrates' court, or an extract from the register certified by the magistrates' court officer as a true extract, shall be admissible in any legal proceedings as evidence of the proceedings of the court entered in the register. [Formerly rule 68 of The Magistrates' Courts Rules 1981. As to the requirement to keep a register, see rule 5.4.]” --- Source: https://www.legislation.gov.uk/uksi/2009/2087/schedule/1 (the official version) Page: https://openlegislation.uk/criminal-procedure-amendment-rules-2009/schedule-1 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.