Rule 50.3 Exercise of magistrates’ court’s powersI1
England and Wales
The general rule is that the magistrates’ court must exercise its powers at a hearing in public, but—
that is subject to any power the court has to—
impose reporting restrictions,
withhold information from the public, or
order a hearing in private; and
despite the general rule the court may, without a hearing—
give any directions to which rule 50.4 applies (Case management in the magistrates’ court and duty of court officer), or
determine an application which these Rules allow to be determined by a magistrates’ court without a hearing in a case to which this Part does not apply.
If the court so directs, a person must attend a hearing by live link.
Where the defendant is absent from a hearing—
the general rule is that the court must proceed as if the defendant—
were present, and
opposed extradition on any ground of which the court has been made aware;
the general rule does not apply if the defendant is under 18;
the general rule is subject to the court being satisfied that—
the defendant had reasonable notice of where and when the hearing would take place,
the defendant has been made aware that the hearing might proceed in his or her absence, and
there is no good reason for the defendant’s absence; and
the general rule does not apply but the court may exercise its powers in the defendant’s absence where—
the court discharges the defendant,
the defendant is represented and the defendant’s presence is impracticable by reason of his or her ill health or disorderly conduct, or
on an application under rule 50.32 (Application for consent to deal with another offence or for consent to further extradition), the defendant is represented or the defendant’s presence is impracticable by reason of his or her detention in the territory to which he or she has been extradited.
The court may exercise its power to adjourn—
if either party asks, or on its own initiative; and
in particular—
to allow there to be obtained information that the court requires,
following a provisional arrest under Part 1 of the Extradition Act 2003, pending receipt of the warrant,
following a provisional arrest with a warrant under Part 2 of the Act, pending receipt of the extradition request,
following a provisional arrest without a warrant under Part 2 of the Act, pending receipt of evidence or information required by the court,
if the court is informed that the defendant is serving a custodial sentence in the United Kingdom,
if it appears to the court that the defendant is not fit to be extradited, unless the court discharges the defendant for that reason,
where a court dealing with a warrant to which Part 1 of the Act applies is informed that another such warrant has been received in the United Kingdom,
where a court dealing with a warrant to which Part 1 of the Act applies is informed of a request for the temporary transfer of the defendant to the territory to which the defendant’s extradition is sought, or a request for the defendant to speak to the authorities of that territory, or
during a hearing to which rule 50.32 applies (Application for consent to deal with another offence or for consent to further extradition).
The court must exercise its power to adjourn if informed that the defendant has been charged with an offence in the United Kingdom.
The general rule is that, before exercising a power to which this Part applies, the court must give each party an opportunity to make representations, unless that party is absent without good reason.
The court may—
shorten a time limit or extend it (even after it has expired), unless that is inconsistent with other legislation;
direct that a notice or application be served on any person; and
allow a notice or application to be in a different form to one issued under the Practice Direction, or to be presented orally.
A party who wants an extension of time within which to serve a notice or make an application must—
apply for that extension of time when serving that notice or making that application; and
give the reasons for the application for an extension of time.
[Note. See sections 8A, 8B, 9, 21B, 22, 23, 25 and 44 of the Extradition Act 2003f1 (powers in relation to extradition under Part 1 of the Act) and sections 76A, 76B, 77, 88, 89 and 91 of the Actf2 (powers in relation to extradition under Part 2 of the Act). Under sections 9 and 77 of the Act, at the extradition hearing the court has the same powers (as nearly as may be) as a magistrates’ court would have if the proceedings were the summary trial of an allegation against the defendant: see also rule 24.12(3) (Trial and sentence in a magistrates’ court; procedure where the defendant is absent).
Under sections 206A to 206C of the 2003 Actf3, the court may require a person to attend a hearing by live link. See also rules 3.35 to 3.39 about live links.
Part 6 contains rules about reporting and access restrictions.
Part 14 contains rules about bail. Rules 14.2(3) and 14.7(7)(c) allow an application to be determined without a hearing in the circumstances to which those rules apply.
The principal time limits are prescribed by the Extradition Act 2003: see rule 50.16.]
Annotations
Commencement
Footnotes
- f1
2003 c. 41; sections 8A and 8B were inserted by section 69 of the Policing and Crime Act 2009 (c. 26). Sections 9 and 44 were amended by paragraph 16 of Schedule 13 to the Police and Justice Act 2006 (c. 48). Section 21B was inserted by section 159 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12). Section 22 was amended by section 71 of the Policing and Crime Act 2009 (c. 26). Section 23 was amended by paragraph 7 of Schedule 13 to the Police and Justice Act 2006 (c. 48) and section 71 of the Policing and Crime Act 2009 (c. 26).
- f2
2003 c. 41; sections 76A and 76B were inserted by section 70 of the Policing and Crime Act 2009 (c. 26). Section 77 was amended by paragraph 16 of Schedule 13 to the Police and Justice Act 2006 (c. 48). Section 88 was amended by section 71 of the Policing and Crime Act 2009 (c. 26). Section 89 was amended by paragraph 7 of Schedule 13 to the Police and Justice Act 2006 (c. 48) and section 71 of the Policing and Crime Act 2009 (c. 26).
- f3
2003 c. 41; sections 206A, 206B and 206C were inserted by section 78 of the Policing and Crime Act 2009 (c. 26). Sections 206A and 206C were amended by section 208 of, and paragraph 2 of Schedule 20 to, the Police, Crime Sentencing and Courts Act 2022 (c. 32).