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The Magistrates' Courts (Amendment) Rules 2004

S.I. 2004/2993 · Made 15 November 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MAGISTRATES' COURTS, ENGLAND AND WALES

Made 15th November 2004

Laid before Parliament 18th November 2004

Coming into force in accordance with article 1

The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 1980f1 and section 111 of the Criminal Justice Act 2003f2 (“the 2003 Act”) hereby makes the following Rules:

Annotations to the whole text

Footnotes

f1

1980 c. 43.

f2

2003 c. 44.

Contents

  1. 1Citation and commencement
  2. 2Magistrates' Courts Rules 1981
  3. 3Magistrates' Courts (Forms) Rules 1981
  4. Signature
  5. Schedule FORMS
  6. Explanatory note

1Citation and commencement

These Rules may be cited as the Magistrates' Courts (Amendment) Rules 2004 and shall come into force on 15th December 2004 or on the day that sections 98 to 110 of the 2003 Act (Evidence of Bad Character) come into force, whichever is later.

2Magistrates' Courts Rules 1981

(1)

The Magistrates' Courts Rules 1981f1 are amended as follows.

(2)

After rule 72 there is inserted—

“Procedure for the admission of evidence of bad character

72A.
(1)

A party who wants to introduce evidence of a non-defendant’s bad character or who wants to cross-examine a witness with a view to eliciting that evidence, under section 100 of the Criminal Justice Act 2003 (“the 2003 Act”), must apply in the prescribed form and the application must be received by the justices' chief executive and all other parties to the proceedings—

(a)

not more than 14 days after the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigation Act 1996f2 (disclosure by the prosecutor); or

(b)

as soon as reasonably practicable, where the application concerns a non-defendant who is to be invited to give (or has given) evidence for a defendant.

(2)

A party who receives a copy of an application under paragraph (1) may oppose that application by giving notice in writing to the justices' chief executive and all other parties to the proceedings not more than 14 days after receiving that application.

(3)

A prosecutor who wants to introduce evidence of a defendant’s bad character or who wants to cross-examine a witness with a view to eliciting such evidence, under section 101 of the 2003 Act (defendant’s bad character), must give notice in the prescribed form to the justices' chief executive and all other parties to the proceedings at the same time as he complies or purports to comply with section 3 of the Criminal Procedure and Investigations Act 1996.

(4)

A co-defendant who wants to introduce evidence of a defendant’s bad character or who wants to cross-examine a witness with a view to eliciting that evidence, under section 101 of the 2003 Act, must give notice in the prescribed form to the justices' chief executive and all other parties to the proceedings not more than 14 days after the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996.

(5)

A defendant’s application to exclude bad character evidence must be in the prescribed form and received by the justices' chief executive and all other parties to the proceedings not more than 7 days after receiving a notice under paragraph (3) or (4).

(6)

A defendant entitled to receive a notice under this rule may waive his entitlement by so informing the magistrates' court and the party who would have given the notice.

(7)

The magistrates' court may—

(a)

allow a notice or application required under this rule to be given in a different form, or orally; or

(b)

shorten a time-limit under this rule or extend it even after it has expired,

if it is in the interests of justice to do so.

(8)

Where this rule requires a notice or application to be given or sent it may, with the consent of the addressee, be sent by fax or other means of electronic communication.”.

3Magistrates' Courts (Forms) Rules 1981

(1)

The Magistrates' Courts (Forms) Rules 1981f1 are amended as follows.

(2)

In Schedule 2, after the form numbered 30, there is inserted the forms set out in the Schedule to these Rules.

Signature

Falconer of Thoroton, C.

Dated 15th November 2004

FORMS

Application for leave to adduce non-defendant’s bad character

(Section 100 of the Criminal Justice Act 2003)

Details requiredNotes
1.

Details of applicant

Name:
Address:
Name of prosecuting agency (if relevant):
2.

Case details

Case reference numbers:
Date the trial or proceedings is due to start or started:
Name of defendant(s):
Charges:Give brief details of those charges to which this application applies.
3.

Details of this application

Please provide the following details
(a)

the particulars of the bad character evidence including how it is to be adduced or elicited in the proceedings (including the name of the relevant non-defendant and all other relevant witnesses); and

Please attach any relevant documentation.
(b)

the grounds for the admission of evidence of a non-defendant’s bad character under section 100 of the 2003 Act.

4.

Extension of time

Are you applying for an extension of time for service? (yes/no).
If so please provide details.
Signed:
Dated:

Explanatory note

(This note is not part of the Rules)

These Rules insert a new rule into the Magistrates' Courts Rules 1981 and insert new forms into the Magistrates' Courts (Forms) Rules 1981. The new rule and forms provide for the practice and procedure to be followed in Magistrates' Courts in England and Wales in connection with the admission of bad character evidence under Part II Chapter 1 of the Criminal Justice Act 2003.