Statutory Instruments
MAGISTRATES' COURTS
PROCEDURE
Made
27th August 1992
Laid before Parliament
10th September 1992
Coming into force
1st October 1992
The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 1980(1), 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:
1. These Rules may be cited as the Magistrates' Courts (Notice of Transfer) (Children's Evidence) Rules 1992 and shall come into force on 1st October 1992.
2. In these Rules-
"the Act" means the Criminal Justice Act 1991(2);
"notice of transfer" means a notice referred to in section 53(1) of the Act.
3. Where a person in respect of whom notice of transfer has been given is granted bail under paragraph 2(1) or (7) of Schedule 6 to the Act by the magistrates' court to which notice of transfer was given, the clerk of the court shall give notice thereof in writing to the governor of the prison or remand centre to which the said person would have been committed by that court if he had been committed in custody for trial.
4. Where a transfer direction has been given by the Secretary of State under section 47 or 48 of the Mental Health Act 1983(3) in respect of a person remanded in custody by a magistrates' court and, before the direction ceases to have effect notice of transfer is given in respect of that person, the clerk of the court to which notice of transfer was given shall give notice thereof in writing-
(a)to the governor of the prison to which that person would have been committed by that court if he had been committed in custody for trial; and
(b)to the managers of the hospital where he is detained.
5. Where by virtue of paragraph 2(5) of Schedule 6 to the Act, a person charged is no longer required to appear before a magistrates' court to which notice of transfer in respect of him has been given, that court shall fix a date on which it will exercise its functions under paragraph 3 of Schedule 6 to the Act and shall cause notice thereof to be given to the said person and to the Director of Public Prosecutions.
6. As soon as practicable after a magistrates' court to which notice of transfer has been given has discharged the functions reserved to it under section 53(3) of the Act, the clerk of the magistrates' court shall send to the appropriate officer of the Crown Court-
(a)a list of the names, addresses and occupations of the witnesses in respect of whom witness orders have been made;
(b)a copy of the record made in pursuance of section 5 of the Bail Act 1976(4) relating to the grant or withholding of bail in respect of the accused;
(c)any recognizance entered into by any person as surety for the accused together with a statement of any enlargement thereof;
(d)a copy of any legal aid order previously made in the case;
(e)a copy of any contribution order previously made in the case under section 23 of the Legal Aid Act 1988(5);
(f)a copy of any legal aid application previously made in the case which has been refused;
(g)any statement of means already submitted.
7. The forms set out in the Schedule to these Rules or forms to the like effect may be used in connection with proceedings in a magistrates' court to which a notice of transfer has been given.
Mackay of Clashfern, C.
27th August 1992
Rule 7
(This note is not part of the Rules)
These Rules make provision for the procedure to be followed in magistrates' courts where a notice of transfer is given under section 53 of the Criminal Justice Act 1991, which comes into force on 1st October 1992. Under section 53 of that Act, the Director of Public Prosecutions may give to a magistrates' court a notice of transfer in respect of a case proceeding in that court if the offence charged is a sexual offence or involves violence or cruelty and was allegedly either witnessed by, or committed against, a child. The effect of a notice of transfer is to avoid committal proceedings in such cases, but the magistrates' court to which a notice of transfer is given under section 53 retains certain functions, set out in that section and in Schedule 6 to the Act, in respect of the grant or withholding of bail, legal aid and the making of witness orders pending the Crown Court trial.
Rule 3 of these Rules makes provision for notice to be given to the governor of the appropriate prison or remand centre where a person in respect of whom a notice of transfer has been given is granted bail.
Rule 4 makes provision for notice to be given to the governor of the appropriate prison and to the managers of the relevant hospital where notice of transfer is given in respect of a person subject to a transfer direction under section 47 or 48 of the Mental Health Act 1983.
Rule 5 requires the magistrates' court to fix a date for the making of witness orders in a case where, by virtue of paragraph 2(5) of Schedule 6 of the Criminal Justice Act 1991, the person charged is no longer required to appear before the court, and to notify the prosecutor and the person charged of the date so fixed.
Rule 6 provides for certain documents to be sent to the Crown Court by the magistrates' court to which a notice of transfer has been given, for the purposes of the Crown Court proceedings.
Rule 7 and the Schedule to the Rules provide forms which may be used in proceedings in a magistrates' court to which a notice of transfer has been given.