Explanatory note

These Rules amend the Magistrates’ Courts Rules 1981 to include a new rule 3C governing the exercise of the court’s power to facilitate the giving of evidence by a witness by any of the means listed in the new rule.

Magistrates’ courts dealing with civil proceedings possess an implied power to facilitate the giving of evidence by a witness that corresponds with the power conferred on other courts under section 64 of the Domestic Abuse Act 2021 (Special measures in civil proceedings: victims of domestic abuse, etc.). The new rule acknowledges the existence of that implied power and provides for its exercise, on application or on the court’s own initiative.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

These Rules come into force on 7th June 2022.