Magistrates' Courts (Forms) Rules 1981
| Jurisdiction | UK Non-devolved |
| Citation | SI 1981/553 |
| Year | 1981 |
1981 No. 553 (L. 2)
MAGISTRATES' COURTS
PROCEDURE
The Magistrates' Courts (Forms) Rules 198120thMarch 1981
8thApril 1981
6thJuly 1981
The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 1980(a), 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.—(1) These Rules may be cited as the Magistrates' Courts (Forms) Rules 1981 and shall come into operation on 6th July 1981.
(2) The Rules mentioned in Schedule 1 to these Rules are hereby revoked, but where proceedings were commenced before 6th July 1981 and the old enactments within the meaning of paragraphs 1 and 2(2) of Schedule 8 to the Magistrates' Courts Act 1980 continue to apply by virtue of paragraph 2(1) of the said Schedule 8, the provisions of the Rules so mentioned continue to apply and nothing in these Rules affects those provisions.
2.—(1) The forms contained in Schedule 2 to these Rules or forms to the like effect may be used, with such variation as the circumstances may require, in connection with proceedings in magistrates' courts.
(2) Where a requirement is imposed by or under any Act for the use of a form prescribed by rules made under section 144 of the Magistrates' Courts Act 1980, and an appropriate form is contained in Schedule 1 to these Rules, that form or a form to the like effect shall be used.
Hailsham of St. Marylebone, C.
Dated 20th March 1981.
(a) 1980 c. 43.
Rule 1(2).
SCHEDULE 1
REVOCATIONS
Rules revoked References
The Magistrates' Courts (Forms) Rules 1968 S.I. 1968/1919
The Magistrates' Courts (Forms) (Amendment) Rules SS.I. 1969/1710
1969
The Magistrates' Courts (Forms) (Amendment) Rules SS.I. 1974/444
1974
The Magistrates' Courts (Forms) (Amendment) Rules SS.I. 1975/127
1975
The Magistrates' Courts (Forms) (Amendment) (No. 2) S.I. 1975/301
Rules 1975
The Magistrates' Courts (Forms) (Amendment) Rules SS.I. 1977/1175.
1977
The Magistrates' Courts (Forms) (Amendment) Rules SS.I. 1978/146.
1978
The Magistrates' Courts (Forms) (Amendment) (No. 2) S.I. 1978/757.
Rules 1978
The Magistrates' Courts (Forms) (Amendment) Rules SS.I. 1979/1220.
1979
The Magistrates' Courts (Forms) (Amendment) Rules SS.I. 1980/511.
1980
Rule 2.
SCHEDULE 2
FORMS
TABLE OF CONTENTS
CRIMINAL PROCEDURE
FORMS COMMON TO INQUIRY BY EXAMINING JUSTICES AND SUMMARY TRIAL
1. Information.
2. Summons.
3. Summons to accused to attend adjourned hearing.
4. Warrant of arrest in first instance.
5. Warrant of commitment on remand before conviction.
6. Warrant of commitment on remand to alternate court.
7. Warrant of commitment on remand from alternate court.
8. Warrant of commitment on further remand in custody of person detained under custodial sentence.
9. Warrant of commitment: remittal to another magistrates' court for sentence.
10. Warrant of commitment on further remand in custody of person unable to appear by reason of illness or accident.
11. Order for taking finger-prints and palm-prints of accused person.
12. Warrant of arrest on failure to surrender to bail.
13. Statement of witness.
14. Notice to defendant: proof by written statement.
15. Warrant of arrest issued before return date of summons.
INQUIRY BY EXAMINING JUSTICES
16. Certificate to be sent to Crown Court on committal for trial.
17. Statement of accused.
18. Warrant of commitment: committal to Crown Court for trial.
19. Order committing corporation for trial.
20. Notice to governor of prison of persons committed to Crown Court on bail.
21. Notice on committal for trial of a person subject to a transfer direction under section 73 of the Mental Health Act 1959.
22. Witness order.
23. Notice to witness that a witness order is to be treated as a conditional order.
24. Notice of provisions of section 11 of the Criminal Justice Act 1967.
25. List of exhibits.
26. Warrant of commitment of person indicted.
SUMMARY TRIAL
27. Notice to defendant: plea of guilty in absence.
28. Statement of facts.
29. Notice of intention to cite previous convictions.
30. Notice of intention to cite previous convictions for offences involving obligatory or discretionary disqualification from driving.
31. Warrant of arrest on failure to appear in answer to summons or at adjourned trial before evidence has been received.
32. Warrant of arrest on failure to appear after evidence has been received where the accused is at large otherwise than on bail.
33. Warrant of arrest on remand after conviction.
34. Warrant of commitment on remand for medical examination.
35. Hospital order.
36. Guardianship order.
37. Order of dismissal of information.
38. Conviction.
39. Warrant of commitment: committal to Crown Court for sentence.
40. Warrant of commitment to Crown Court for restriction order.
41. Warrant of commitment to Crown Court for restriction order or sentence.
42. Order of admission to hospital pending restriction order.
43. Warrant of commitment: sentence of imprisonment.
44. Warrant of commitment to detention centre.
45. Order of return to borstal.
ENFORCEMENT OF FINES
46. Notice of fine.
47. Notice of registration of financial penalty enforcement order.
48. Distress warrant.
49. Return of insufficient distress.
50. Account of charges incurred on distress warrant.
51. Warrant of commitment on occasion of conviction.
52. Warrant of commitment on occasion subsequent to conviction.
53. Summons to fine defaulter.
54. Warrant for arrest of fine defaulter.
55. Warrant of commitment to detention centre: non-payment of fine.
56. Endorsement on warrant of commitment in default: defaulter in detention centre.
57. Warrant for detention in police cells.
58. Warrant for detention in police station.
59. Transfer of fine order.
60. Transfer of fine order to Scotland or Northern Ireland.
61. Notice of transfer of fine order.
62. Notice of fine supervision order.
63. Authority for clerk of magistrates' court to enforce payment of fine in High Court or county court.
PROBATION AND CONDITIONAL DISCHARGE
64. Probation order.
65. Order for conditional discharge.
66. Summons to probationer on application to amend probation order.
67. Order amending probation order.
68. Order discharging probation order.
69. Order substituting conditional discharge for probation.
70. Information for breach of requirement of probation order.
71. Summons for breach of requirement of probation order.
72. Warrant of arrest for breach of requirement of probation order.
73. Warrant of commitment: committal to Crown Court on breach of requirement of probation order.
74. Certificate that probationer has failed to comply with requirement of probation order.
75. Order on failure to comply with requirement of probation order.
76. Commitment on failure to comply with requirement of probation order.
77. Information on commission of further offence during probation period.
78. Summons on commission of further offence during probation period or period of conditional discharge.
79. Warrant of arrest on commission of further offence during probation period or period of conditional discharge.
80. Warrant of commitment: committal to Crown Court on commission of further offence by probationer or person conditionally discharged.
81. Order in respect of original offence on commission of further offence during probation period.
82. Commitment on commission of further offence during probation period or period of conditional discharge.
SUSPENDED SENTENCES
83. Conviction: suspended sentence.
84. Information on commission of further offence during operational period of suspended sentence.
85. Summons on commission of further offence during operational period of suspended sentence.
86. Warrant of arrest on conviction of further offence committed during operational period of suspended sentence.
87. Warrant of commitment: committal to Crown Court on commission of further offence committed during operational period of suspended sentence.
88. Notice to Crown Court of conviction of further offence committed during operational period of suspended sentence.
89. Order that suspended sentence shall take effect.
90. Warrant of commitment putting into effect suspended sentence.
91. Order varying suspended sentence.
COMMUNITY SERVICE ORDERS
92. Community service order.
93. Certificate of failure to comply with community service order.
94. Warrant of commitment: revocation of community service order, sentence of imprisonment.
95. Warrant of commitment: committal to Crown Court to be dealt with in respect of community service order.
MISCELLANEOUS
96. Warrant of commitment: committal to Crown Court: summary offence.
97. Notice of order to give information of date of birth and sex.
CIVIL PROCEDURE
ORDERS OTHER THAN CIVIL DEBT
98. Complaint.
99. Summons on complaint.
100. Order of dismissal of complaint.
101. Order on complaint.
102. Summons to rate defaulter.
103. Warrant for arrest of rate defaulter.
CIVIL DEBT
104. Complaint: civil debt.
105. Summons to defendant: civil debt.
106. Order: civil debt.
107. Complaint to enforce civil debt order.
108. Judgment summons.
109. Distress warrant: civil debt.
110. Commitment: civil debt enforceable by imprisonment.
PERIODICAL PAYMENTS: VARIATION
111. Complaint to vary etc. order for periodical payments.
112. Summons to vary etc. order for periodical payments.
113. Order varying etc. order for periodical payments.
114. Notice to person outside the United Kingdom of complaint for variation etc. of maintenance or custody order.
RECOGNIZANCES
115. Order of recognizance to keep the peace.
116. Summons to vary sureties.
117. Order varying order for sureties.
118. Recognizance (civil cases).
119. Recognizance of surety (criminal cases).
120. Recognizance: Bail: Appeal to Crown Court.
121. Recognizance to prosecute an appeal before the High Court on case stated and for bail pending the appeal.
122. Notice of recognizance to principal and sureties (civil cases).
123. Notice of recognizance to...
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