Explanatory note
England and Wales
(This note is not part of the Rules)
These Rules replace the Justices' Clerks Rules 1999. These Rules re-enact the 1999 rules with minor and consequential amendments necessary as a result of the Courts Act 2003.
Rule 2 of these Rules provides that the things specified in the Schedule which are authorised to be done by, to or before a single justice of the peace, may be done by, to or before a justices' clerk.
Rule 3(1) provides that the things specified in paragraphs 1 to 36 of the Schedule may be done instead by, to or before an assistant clerk and specifically authorised by him for the purpose.
Rule 3(2) provides that the power authorised to be exercised by a justices' clerk at an early administrative hearing under section 50 of the Crime and Disorder Act 1988 may be exercised instead by an assistant clerk.
Rule 3(3) provides for the manner of recording such specific authority.