Article 4 Duty to refer if inappropriate to carry out function

When considering carrying out a function specified in the Schedule, a justices’ clerk must consider whether in the particular circumstances it would be inappropriate to carry out the function.

If a justices’ clerk determines that it would be inappropriate to carry out a function specified in the Schedule, the justices’ clerk must refer the matter to the court.

References in this rule to a justices’ clerk include a person authorised in accordance with rule 3.