Explanatory note

These Rules amend the Justices' Clerks Rules 1970 and the Magistrates' Courts Rules 1981. They also make minor amendments to the Magistrates' Courts (Forms) Rules 1981.

Rule 2 of these Rules amends the 1970 Rules. It enables certain persons appointed to assist the justices' clerk to do most of the things authorised to be done by, to or before a justices' clerk under the Schedule to the 1970 Rules. Rule 2 also adds to the Schedule to the 1970 Rules by authorising a clerk (including a person appointed to assist him) to issue a warrant for failure to surrender to the court or a warrant of distress. It also authorises the adjournment by the clerk of criminal proceedings, where the prosecutor does not object, in the absence of the accused. Rule 2 authorises the clerk to commit a person who is on bail under section 6(2) of the Magistrates' Court Act 1980. The clerk may now ask an accused whether he pleads guilty or not guilty to a charge, and may fix or set aside a date for the trial of an information. Rule 2 also enables the clerk to apply for deductions to be made from an offender’s income support and to amend or vary probation orders, community service orders and attendance centre orders in certain circumstances.

Rule 3 of these Rules amends the Magistrates' Courts Rules 1981 by requiring a court, where it appears in a trial that the information charges more than one offence, to call upon the prosecutor to decide on which offence he wishes the court to proceed. New procedures are introduced for informations where the accused is not legally represented. The clerk is now required to take a note of the arguments in bail hearings. Rule 3 also enables entries on the register to be certificated as authentic, rather than signed individually. Where a decision is appealed against, the clerk will be required to send a copy of the relevant extract of the register to the appropriate officer of the Crown Court. New provision is also made with respect to warrants issued out of hours. The requirement to prove that a summons came to the recipient’s knowledge (where it was not delivered to him) in order to prove service of that summons is removed. Proof that a summons was posted in a correctly addressed pre-paid envelope would now suffice to establish proof of service in most cases. Rule 3 also prescribes the procedure for an application by a disqualified driver under section 34B (6) or (7) of the Road Traffic Offenders Act 1988 for the review of a notice issued to him by the organiser of a road traffic rehabilitation course, or for a declaration of default in respect of that organiser.

These Rules also make a number of minor amendments, including (in rule 4) alteration of the form of a transfer of fines order.