Rule 44.1 When this Part appliesI1

England and Wales

This Part applies in a magistrates’ court where—

(a)

under section 14 or section 16E of the Magistrates’ Courts Act 1980^f1, the defendant makes a statutory declaration of not having found out about the case until after the trial began;

(b)

under section 16M of the 1980 Act^f2 the court can set aside a conviction; or

(c)

under section 142 of the 1980 Act^f3, the court can—

(i)

set aside a conviction, or

(ii)

vary or rescind a costs order, or an order to which Part 31 applies (Behaviour orders).

Annotations

Commencement

I1: Rule 44.1 in force at 6.10.2025, see Preamble

Footnotes

f1: 1980 c. 43; section 14 was amended by section 109 of, and paragraph 205 of Schedule 8 to, the Courts Act 2003 (c. 39). Section 16E was inserted by section 48 of the Criminal Justice and Courts Act 2015 (c. 2).
f2: 1980 c. 43; section 16M was inserted by section 3 of the Judicial Review and Courts Act 2022 (c. 35).
f3: 1980 c. 43; section 142 was amended by sections 26 and 29 of, and Schedule 3 to, the Criminal Appeal Act 1995 (c. 35).