Explanatory note

These Rules amend the Magistrates' Courts Rules 1981 (“the 1981 Rules”) to take account of the changes in magistrates' courts' procedures in respect of committal for trial in the Crown Court (“committal proceedings”) effected by the Criminal Procedure and Investigations Act 1996 (c. 25) (“the 1996 Act”). Unless otherwise indicated any reference in this note to a rule is a reference to one of these Rules.

Rule 3 indicates the procedure to be followed where, prior to committal proceedings, evidence is taken from a reluctant witness who has been summonsed to attend before a justice for that purpose. This rule also indicates the stage at which the prosecution is to give a defendant notice of his right to object to a statement or deposition being read out at trial without oral evidence being given.

Rule 4 makes amendments in the provisions of the 1981 Rules dealing with reporting restrictions which are consequential on the changes made by the 1996 Act.

Rule 5 makes consequential amendments to the provisions of the 1981 Rules dealing with the procedures for committal without consideration of the evidence.

Rule 7 indicates the procedure to be followed, as a consequence of the 1996 Act, where evidence is considered at committal proceedings.

Rule 8 indicates the stage at which, if the accused is committed for trial, the magistrates' court is to remind him of his right to object to a statement or deposition being read out at the trial without oral evidence being given.

Rule 10 indicates the material which is to be sent by a magistrates' court to the Crown Court on committal of the accused, in light of the changes in committal procedures.

Rules 11 and 12 make amendments to the 1981 Rules which are consequential on the abolition of oral evidence in committal proceedings.

Rules 13, 14, 15 and 16 make further amendments to the 1981 Rules which are purely consequential on the changes effected by the 1996 Act.