Article 3 Exercise of functions by authorised court officers: general rules

(1)

No authorised court officer may—

(a)

authorise a person’s committal to prison or detention;

(b)

authorise a person’s arrest;

(c)

grant or withhold bail except to the extent that the Schedule allows;

(d)

make the final determination of a case, other than—

(i)

dismissing the complaint when the complainant offers no evidence;

(ii)

giving a complainant permission to withdraw a case;

(e)

determine the admissibility of evidence;

(f)

make an order for a party or other person to pay costs, unless that party or person agrees;

(g)

order the search, confiscation, restraint, detention or seizure of property;

(h)

determine an appeal or reference to an appeal court, or an application for permission to appeal or refer.

(2)

The exercise by an authorised court officer of a function listed in the Schedule is subject to the same conditions as apply to the exercise of that function by the court or person whose function it is.

(3)

Unless the context makes it clear that something different is meant, any provision in these Rules permitting the exercise of a function by an authorised court officer includes a power to decline to exercise the function.

(4)

An authorised court officer who is not legally qualified may not exercise a function listed in the Schedule in a case in which a District Judge (Magistrates’ Courts), a justice of the peace or an authorised court officer who is legally qualified so directs.