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The Magistrates' Courts Rules 1981

S.I. 1981/552 · Made 20 March 1981 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 8 April 2024.

MAGISTRATES' COURTS

PROCEDURE

Made 20th March 1981

Laid before Parliament 8th April 1981

Coming into Operation 6th July 1981

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 1980f1, as extended by section 145 of that Act, after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:—C1C2C3C4

Annotations to the whole text

Modifications

C1

Rules modified (27.9.1989) by The Magistrates' Courts (Extradition) Rules 1989 (S.I. 1989/1597), rules 1, 3

C2

Rules modified in part (1.1.1992) by The Solicitors' Incorporated Practices Order 1991 (S.I. 1991/2684), arts. 1, 4, 5, Sch. 1

C3

Rules modified (1.9.2001) by The Magistrates' Courts (International Criminal Court) (Forms) Rules 2001 (S.I. 2001/2600), rules 1, 3

C4

Rules applied in part (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), arts. 1(2), 8(1)(2), Sch. 2

Footnotes

f1

1980 c. 43.

Contents

  1. Part: GENERAL
  2. 1Citation, operation and revocations
  3. 2Interpretation
  4. 3Duties of justices’ legal advisers
  5. 3A—Case management
  6. 3BLive links
  7. 3CMeasures to help a witness to give evidence
  8. 3DForms and electronic arrangements for use in case management and for other purposes
  9. Part: INFORMATION AND COMPLAINT
  10. 4Information and complaint
  11. 4ADocuments served on the designated officer
  12. 4BProsecutor’s notice to other party: right to object to written evidence being read at trial without further evidence Repealed
  13. Part: PROCEEDINGS PRELIMINARY TO TRIAL ON INDICTMENT
  14. 5Restrictions on reports of committal proceedings Repealed
  15. 6Committal for trial without consideration of evidence Repealed
  16. 7Consideration of evidence at committal proceedings Repealed
  17. 8Court’s reminder to a defendant: right to object to written evidence being read at trial without further proof Repealed
  18. 9Notice to governor of prison of committal on bail Repealed
  19. 10Notices on committal of person subject to transfer direction Repealed
  20. 11Material to be sent to court of trial Repealed
  21. 11AMaterial to be sent to court of trial Repealed
  22. Part: SUMMARY TRIAL OF INFORMATION AND HEARING OF COMPLAINT
  23. 12Information to be for one offence only Repealed
  24. 13Order of evidence and speeches: information Repealed
  25. 13AProcedure on information where accused is not legally represented Repealed
  26. 14Order of evidence and speeches: complaint
  27. 15Adjournment of trial of information Repealed
  28. 16Record of Adjudication
  29. Part: DOMESTIC ABUSE PROTECTION ORDERS
  30. 17Application for order after giving domestic abuse protection notice Repealed
  31. 18Notice of proposed terms of order
  32. 19Service of order
  33. 20Representations after application without notice Repealed
  34. 21Application to vary or discharge order
  35. 22Notice to responsible person of requirement for supervision or monitoring
  36. 23Exclusion of requirement for notice of hearsay evidence
  37. Part: REMAND
  38. 24Documents to be sent on remand for medical inquiry Repealed
  39. 25Transfer of remand hearings Repealed
  40. 26Notice of further remand in certain cases Repealed
  41. Part: DEFERMENT OF SENTENCE
  42. 27Notification of conviction before expiration of period of deferment Repealed
  43. Part: CONDITIONAL DISCHARGE ...
  44. 28Notification in relation to an order for conditional discharge Repealed
  45. Part: SUSPENDED SENTENCES
  46. 29Entries in register in respect of suspended sentences Repealed
  47. 30Suspended sentence supervision orders Repealed
  48. Part: HOSPITAL ORDER
  49. 31Documents to be sent under Mental Health Act 1959 Repealed
  50. Part: ENDORSEMENT
  51. 32Endorsement of driving licence Repealed
  52. Part: DEPOSITION OF PERSON DANGEROUSLY ILL
  53. 33Deposition of person dangerously ill Repealed
  54. Part: APPEAL OR APPLICATION TO MAGISTRATES’ COURT
  55. 34Appeal or application to be by complaint
  56. Part: AFFILIATION ORDERS
  57. 35Time for hearing affiliation summons Repealed
  58. 35AApplication for sums under affiliation order to be paid to person having custody of child Repealed
  59. Part: DOMESTIC PROCEEDINGS
  60. 36Reasons for decisions in certain domestic proceedings to be recorded Repealed
  61. 37Copies of records to be supplied in connection with appeals Repealed
  62. 38Certification of records Repealed
  63. Part: ORDERS FOR PERIODICAL PAYMENTS
  64. 39Method of making periodical payments
  65. 40Duty of clerk to notify arrears of periodical payments Repealed
  66. 41Revocation, variation, etc., of orders for periodical payments Repealed
  67. 42Application for sums under affiliation order to be paid to person having custody of child Repealed
  68. 43Service of copy of order Repealed
  69. 44Remission of sums due under order Repealed
  70. 45Duty of clerk to notify subsequent marriage or formation of civil partnership of person entitled to payments under a maintenance order Repealed
  71. Part: SATISFACTION, ENFORCEMENT AND APPLICATION OF PAYMENTS
  72. 46Notice to defendant of fine or forfeited recognizance
  73. 47Registration and notification of financial penalty enforcement order
  74. 48To whom payments are to be made
  75. 49Duty of clerk to give receipt
  76. 50Relief of collecting officer Repealed
  77. 51Application for further time Repealed
  78. 52Notice of date of hearing of means inquiry etc. Repealed
  79. 52AReview of terms of postponement of warrant of commitment Repealed
  80. 53Notice to defendant before enforcing order
  81. 54Execution of distress warrant
  82. 55Payment after imprisonment imposed
  83. 56Order for supervision Repealed
  84. 57Transfer of fine order Repealed
  85. 57APayment of money in bank or building society account in satisfaction of confiscation order Repealed
  86. 58Civil debt: judgment summons
  87. 59Enforcement of affiliation orders, etc. Repealed
  88. 59ACourt to which complaint for the enforcement of a maintenance decision to which Section 1 of Chapter IV of the Maintenance Regulation applies must be made Repealed
  89. 59BComplaint by debtor under Article 21 of the Maintenance Regulation for refusal or suspension of enforcement Repealed
  90. 60Enforcement where periodical payments made under more than one order
  91. 60AApplications under regulation 7(2)(b) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020
  92. 61Notice of adjudication on complaint for enforcement of magistrates' court maintenance order, etc. Repealed
  93. 62Particulars relating to payment of lump sum under magistrates' court maintenance order, etc. to be entered in register Repealed
  94. 63Notice of date of reception in custody and discharge Repealed
  95. 64Direction that money found on defaulter shall not be applied in satisfaction of debt
  96. 65Particulars of fine enforcement to be entered in register Repealed
  97. Part: REGISTER
  98. 66Register in civil proceedings
  99. 66AThe open justice principle
  100. 66BRequest for information about a case
  101. 66CRequest for information by a party or person directly affected by a case
  102. 66DRequest for information determined by the court
  103. 66EPublication of information about court hearings
  104. Part: EVIDENCE—GENERAL
  105. 67Proof of service
  106. 68Proof of proceedings
  107. 69Proof that affiliation, maintenance orders, etc., have not been revoked, etc. Repealed
  108. Part: EVIDENCE—CRIMINAL PROCEEDINGS
  109. 70Evidence in committal proceedings and written statements in summary trial Repealed
  110. 71Proof by formal admission Repealed
  111. 72Proof of previous convictions Repealed
  112. 72AProcedure for the admission of evidence of bad character Repealed
  113. 73Clerk to have copies of documents sent to accused under s.12(1) of the Act of 1980 Repealed
  114. Part: APPEAL TO CROWN COURT
  115. 74Documents to be sent to Crown Court
  116. 75Abandonment of appeal
  117. Part: CASE STATED
  118. 76Application to state case
  119. 77Consideration of draft case
  120. 78Preparation and submission of final case
  121. 79Extension of time limits
  122. 80Service of documents
  123. 81Content of case
  124. 81ADuty of justices’ legal adviser
  125. Part: RECOGNIZANCES AND BAIL
  126. 82Recognizance to keep the peace, etc., taken by one court and discharged by another
  127. 83Application to vary order for sureties or dispense with them
  128. 84Notice of bail requirement Repealed
  129. 84AProcedure on application for bail following grant of conditional police bail Repealed
  130. 85Sureties for bail
  131. 86Forfeiture of sureties
  132. 87Notice to governor of prison, etc. where release from custody is ordered Repealed
  133. 88Release when recognizances have been taken or requirements complied with Repealed
  134. 89Procedure under s. 13 of the Courts Act 1971 Repealed
  135. 90Bail records to be entered in register Repealed
  136. 90ANotes of argument in bail hearings Repealed
  137. 90BRecords to be kept where warrant is endorsed for bail
  138. 91Notice of change of time for appearance Repealed
  139. 92Notification of bail decision after arrest while on bail Repealed
  140. 93Variation of arrangements for bail on committal to Crown Court Repealed
  141. 93AProcedure where prosecution appeals against a decision to grant bail Repealed
  142. 93BProcedure on reconsideration of a decision to grant bail Repealed
  143. Part: WARRANT
  144. 94Committal to custody to be by warrant Repealed
  145. 95Form of warrants issued by magistrates’ courts
  146. 95AWarrant issued out of hours
  147. 96Warrant of arrest
  148. 97Warrant of commitment
  149. Part: SUMMONS
  150. 98Form of summons
  151. 99Service of summons
  152. Part: FORM IN WHICH OFFENCE MAY BE STATED IN DOCUMENTS
  153. 100Statement of offence Repealed
  154. Part: MISCELLANEOUS
  155. 101Application for, and notice to be given of, order under s. 95 of, or paragraph 7 of Schedule 10 to, Road Traffic Act 1972 Repealed
  156. 101AApplications under section 34B(6) or (7) of the Road Traffic Offenders Act 1988 Repealed
  157. 101BDirection to a local authority under section 447(2) and (3) of the Education Act 1996 Repealed
  158. 102Application for revocation of order under s.14 of Food and Drugs Act 1955 Repealed
  159. 103Application for substitution of conditional discharge for probation Repealed
  160. 104Application for review of compensation order Repealed
  161. 104AStatements etc, relevant to making confiscation orders under the Criminal Justice Act 1988 Repealed
  162. 104BPostponed determinations under the Criminal Justice Act 1988 Repealed
  163. 104CConfiscation orders— revised assessments Repealed
  164. 105Application for alteration of maintenance agreement under s. 35 of Matrimonial Causes Act 1973 or under paragraph 69 of Schedule 5 to the Civil Partnership Act 2004 ... Repealed
  165. 106Proceedings against person outside the United Kingdom on application for variation, etc. of certain maintenance ... orders Repealed
  166. 107Application for summons to witness or warrant for his arrest
  167. 108Notice of order under s.104 of Road Traffic Act 1972 Repealed
  168. 109Signature of forms prescribed by rules made under the Act of 1980 Repealed
  169. 110Cessation of Transfer Direction Repealed
  170. 111Notice of registration to defaulter under section 36(8) of the Transport Act 1982 Repealed
  171. 112Statutory declaration under section 37 of the Transport Act 1982 Repealed
  172. 113Composition of committee of magistrates for inner London area Repealed
  173. 114Applications for variation or discharge of orders under the Crime and Disorder Act 1998 Repealed
  174. 115Service of orders
  175. Signature
  176. Schedule REVOCATIONS
  177. Explanatory note