Rule 34.4 Duty of magistrates’ court officerI1

England and Wales

(1)

The magistrates’ court officer must—

(a)

arrange for the magistrates’ court to hear as soon as practicable any application to that court under rule 34.2(3)(c) (suspension of disqualification or order pending appeal); and

(b)

as soon as practicable notify the Crown Court officer of the service of the appeal notice and make available to that officer—

(i)

the appeal notice and any accompanying application served by the appellant,

(ii)

details of the parties including their addresses, and

(iii)

a copy of each magistrates’ court register entry relating to the decision under appeal and to any application for bail or for the suspension of a disqualification or order pending appeal.

(2)

Where the appeal is against conviction or against a finding of guilt, the magistrates’ court officer must make available to the Crown Court officer as soon as practicable—

(a)

all material served on the magistrate’s court officer to which applies—

(i)

Part 8 (Initial details of the prosecution case),

(ii)

Part 16 (Written witness statements),

(iii)

Part 17 (Witness summonses, warrants and orders),

(iv)

Part 18 (Measures to assist a witness or defendant to give evidence),

(v)

Part 19 (Expert evidence),

(vi)

Part 20 (Hearsay evidence),

(vii)

Part 21 (Evidence of bad character),

(viii)

Part 22 (Evidence of a complainant’s previous sexual behaviour), or

(ix)

Part 23 (Restriction on cross-examination by a defendant);

(b)

any case management questionnaire prepared for the purposes of the trial;

(c)

all case management directions given by the magistrates’ court for the purposes of the trial; and

(d)

any other document, object or information for which the Crown Court officer asks.

(3)

Where the appeal is against sentence, the magistrates’ court officer must make available to the Crown Court officer as soon as practicable any report received for the purposes of sentencing.

(4)

Unless the magistrates’ court otherwise directs, the magistrates’ court officer—

(a)

must keep any document or object exhibited in the proceedings in the magistrates’ court, or arrange for it to be kept by some other appropriate person, until at least—

(i)

6 weeks after the conclusion of those proceedings, or

(ii)

the conclusion of any proceedings in the Crown Court that begin within that 6 week period; but

(b)

need not keep such a document if—

(i)

the document that was exhibited is a copy of a document retained by the party who produced it, and

(ii)

what was in evidence in the magistrates’ court was the content of that document.

[Note. See also section 133 of the Criminal Justice Act 2003^f1 (Proof of statements in documents).]

Rule 34.4 Duty of magistrates’ court officerI1

Annotations

Commencement

Footnotes