Rule 50.29 Duties of court officersI1

England and Wales

(1)

The magistrates’ court officer must—

(a)

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—

(i)

6 weeks after the conclusion of those proceedings, or

(ii)

the conclusion of any proceedings in the High Court that begin within that 6 weeks;

(b)

provide the High Court with any document, object or information for which the High Court officer asks, within such period as the High Court officer may require; and

(c)

arrange for the magistrates’ court to hear as soon as practicable any application to that court for bail pending appeal.

(2)

A person who, under arrangements made by the magistrates’ court officer, keeps a document or object exhibited in the proceedings in the magistrates’ court must—

(a)

keep that exhibit until—

(i)

6 weeks after the conclusion of those proceedings, or

(ii)

the conclusion of any proceedings in the High Court that begin within that 6 weeks,

unless the magistrates’ court or the High Court otherwise directs; and

(b)

provide the High Court with any such document or object for which the High Court officer asks, within such period as the High Court officer may require.

(3)

The High Court officer must—

(a)

give as much notice as reasonably practicable of each hearing to—

(i)

the parties,

(ii)

the defendant’s custodian, if any, and

(iii)

any other person whom the High Court requires to be notified;

(b)

serve a record of each order or direction of the High Court on—

(i)

the parties,

(ii)

any other person whom the High Court requires to be notified;

(c)

if the High Court’s decision determines an appeal or application for permission to appeal, serve a record of that decision on—

(i)

the defendant’s custodian, if any,

(ii)

the magistrates’ court officer, and

(iii)

the designated authority which certified the arrest warrant, where Part 1 of the Extradition Act 2003 applies;

(d)

where rule 50.24 applies (Early termination of appeal: order by consent, etc.), arrange for the High Court to consider the document or documents served under that rule; and

(e)

treat the appeal as if it had been dismissed by the High Court where—

(i)

the hearing of the appeal does not begin within the period required by rule 50.23 (Appeal hearing) or ordered by the High Court, or

(ii)

on an appeal by a requesting territory under section 105 of the Extradition Act 2003^f1, the High Court directs the magistrates’ court to decide a question again and the magistrates’ court comes to the same conclusion as it had done before.

[Note. See section 106 of the Extradition Act 2003^f2.]

Annotations

Commencement

I1: Rule 50.29 in force at 6.10.2025, see Preamble

Footnotes

f1: 2003 c. 41; section 105 was amended by section 160 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).
f2: 2003 c. 41; section 106 was amended by section 42 of, and paragraph 8 of Schedule 13 to, the Police and Justice Act 2006 (c. 48).

Notes on

Footnotes

f1: 2003 c. 41; sections 26 and 28 were amended by section 160 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).
f2: 2003 c. 41; section 108 was amended by paragraphs 10 and 12 of Schedule 20 to the Crime and Courts Act 2013 (c. 22). Section 108 was further amended, and sections 103, 105 and 110 were amended, by section 160 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).