Rule 79 Extension of time limitsI1C1
England and Wales
If the F1F2designated officer for a magistrates' court is unable to send to the applicant a draft case under paragraph (1) of rule 77 within the time required by that paragraph, he shall do so as soon as practicable thereafter and the provisions of that rule shall apply accordingly; but in that event F3the designated officer shall attach to the draft case, and to the final case when it is sent to the applicant or his solicitor under rule 78(3), a statement of the delay and the reasons therefor.
If the F4designated officer for a magistrates' court receives an application in writing from or on behalf of the applicant or the respondent for an extension of the time within which representations on the draft case may be made under paragraph (2) of rule 77, together with reasons in writing therefor, F5F6a justices’ legal adviser may by notice in writing sent to the applicant or respondent as the case may F7by the designated officer be extend the time and the provisions of that paragraph and of rule 78 shall apply accordingly; but in that event F8the designated officer shall attach to the final case, when it is sent to the applicant or his solicitor under rule 78(3), a statement of the extension and the reasons therefor.
If the justices are unable to state a case within the time required by paragraph (1) of rule 78, they shall do so as soon as practicable thereafter and the provisions of that rule shall apply accordingly; but in that event F9the designated officer shall attach to the final case, when it is sent to the applicant or his solicitor under rule 78(3), a statement of the delay and the reasons therefor.
Annotations
Textual amendments
- F1
Words in rule 79(1) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3
- F2
Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85
- F3
Words in rule 79(1) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 7
- F4
Words in rule 79(2) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3
- F5
Words in rule 79(2) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 17
- F6
Words in rule 79(2) substituted (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(11)
- F7
Words in rule 79(2) inserted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 17
- F8
Words in rule 79(2) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 7
- F9
Words in rule 79(3) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 5
Modifications
- C1
Rule 79 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.4 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]