Magistrates' Courts (Forms) Rules 1968
| Jurisdiction | UK Non-devolved |
| Citation | SI 1968/1919 |
1968 No. 1919 (L. 19)
MAGISTRATES' COURTS
PROCEDURE
The Magistrates' Courts (Forms) Rules 196827thNovember 1968
17thDecember 1968
1stMarch 1969
I, Gerald, Baron Gardiner, Lord High Chancellor of Great Britain, in exercise of the power conferred on me by section 15 of the Justices of the Peace Act 1949(a), as extended by section 122 of the Magistrates' Courts Act 1952(b), do hereby, after consultation with the Rule Committee appointed under the said section 15, make the following Rules: —
1.—(1) The forms contained in the Schedule 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 15 of the Justices of the Peace Act 1949, and an appropriate form is contained in the Schedule to these Rules, that form or a form to the like effect shall be used.
2. These Rules may be cited as the Magistrates' Courts (Forms) Rules 1968 and shall come into operation on 1st March 1969.
Gardiner, C.
Dated 27th November 1968.
SCHEDULE
FORMS
TABLE OF CONTENTS
CRIMINAL PROCEDURE
FORMS COMMON TO INQUIRY BY EXAMINING JUSTICES AND SUMMARY TRIAL
1. Information.
2. Summons to defendant.
3. Warrant for arrest of defendant in first instance.
4. Commitment on remand.
5. Commitment on further remand of person in custody unable to appear through illness or accident.
6. Order for taking finger-prints and palm-prints of defendant.
7. Warrant for arrest of defendant on failure to surrender to bail.
8. Statement of witness.
9. Notice to defendant: proof by written statement.
10. Warrant for arrest of defendant on failure to appear to summons or issued before return date thereof.
(a) 1949 c. 101.
(b) 1952 c. 55.
INQUIRY BY EXAMINING JUSTICES
11. Certificate of authentication of depositions and statements of witnesses and list of witnesses.
12. Statement of accused.
13. Warrant of commitment in custody for trial.
14. Order committing corporation for trial.
15. Notice to governor of prison of person committed on bail for trial.
16. Notice on committal for trial of person subject to transfer direction under s. 73 of Mental Health Act 1959.
17. Witness order.
18. Notice to witness that a witness order is to be treated as a conditional order.
19. Notice directing witness to appear at a court other than that specified in his witness order.
20. Notice to witness subject to conditional witness order that accused has been committed for trial to some other court.
21. Notice to witness that accused has not been committed for trial.
22. Notice requiring attendance of witness subject to conditional witness order.
23. Notice of provisions of s. 11 of Criminal Justice Act 1967.
24. Certificate in respect of alibi warning.
25. List of exhibits.
26. Warrant to arrest person indicted.
27. Warrant of commitment of person indicted.
28. Warrant of commitment of person indicted who is already in custody.
SUMMARY TRIAL
29. Notice to defendant: plea of guilty in absence.
30. Statement of facts.
31. Notice of intention to cite previous convictions.
32. Warrant for arrest of defendant on failure to appear before evidence has been received.
33. Warrant for arrest on failure to appear after evidence has been received where defendant at large otherwise than on bail.
34. Commitment on remand after conviction or for medical examination.
35. Hospital order.
36. Guardianship order.
37. Order of dismissal of information.
38. Order for absolute discharge.
39. Conviction: imprisonment.
40. Conviction: fine.
41. Commitment to Sessions: borstal case.
42. Commitment to Sessions for sentence.
43. Commitment to Sessions for restriction order.
44. Commitment to Sessions for restriction order or sentence.
45. Order of admission to hospital pending restriction order.
46. Commitment: sentence of imprisonment.
47. Commitment to detention centre: offence.
48. Order of return to borstal.
ENFORCEMENT OF FINES
49. Notice of fine.
50. Distress warrant.
51. Return of insufficient distress.
52. Account of charges incurred on distress warrant.
53. Commitment on occasion of conviction.
54. Commitment on occasion subsequent to conviction where imprisonment fixed by magistrates' court at time of conviction.
55. Summons to defaulter: fine.
56. Warrant for arrest of defaulter: fine.
57. Commitment where imprisonment not imposed by magistrates' court on occasion of conviction.
58. Commitment to detention centre: non-payment of fine: defaulter already detained in detention centre.
59. Endorsement on warrant of commitment in default: defaulter in detention centre.
60. Warrant for detention in police cells, etc.
61. Warrant for detention in police station.
62. Transfer of fine order.
63. Transfer of fine order to Scotland.
64. Further transfer of fine order.
65. Notice of transfer of fine order.
66. Notice of order of supervision: fine.
67. Authority for clerk of magistrates' court to enforce payment of fine in High Court or County Court.
PROBATION AND CONDITIONAL DISCHARGE
68. Probation order.
69. Order for conditional discharge.
70. Summons to probationer on application to amend probation order.
71. Order amending probation order.
72. Order discharging probation order.
73. Order substituting conditional discharge for probation.
74. Information for breach of requirement of probation order.
75. Summons for breach of requirement of probation order.
76. Warrant for breach of requirement of probation order.
77. Remand of probationer to Assizes or Sessions on breach of requirement of probation order.
78. Certificate that probationer has failed to comply with requirement of probation order.
79. Order on failure to comply with requirement of probation order.
80. Commitment on failure to comply with requirement of probation order.
81. Information on commission of further offence during probation period or period of conditional discharge.
82. Summons on commission of further offence during probation period or period of conditional discharge.
83. Warrant on commission of further offence during probation period or period of conditional discharge.
84. Remand to Assizes or Sessions on commission of further offence by probationer or person in whose case an order for conditional discharge has been made.
85. Order in respect of original offence on commission of further offence during probation period or period of conditional discharge.
86. Commitment on commission of further offence during probation period or period of conditional discharge.
SUSPENDED SENTENCES
87. Conviction: suspended sentence.
88. Information on commission of further offence during operational period of suspended sentence.
89. Summons on commission of further offence during operational period of suspended sentence.
90. Warrant on commission of further offence during operational period of suspended sentence.
91. Commitment to Assizes or Sessions on commission of further offence during operational period of suspended sentence.
92. Order that suspended sentence shall take effect.
93. Commitment on commission of further offence during operational period of suspended sentence.
94. Order varying suspended sentence.
MISCELLANEOUS
95. Commitment to higher court: summary offence, etc.
96. Notice to governor of prison of person committed on bail to higher court otherwise than for trial.
97. Order of removal from approved school to borstal.
98 Interim order on application for removal from approved school to borstal.
CIVIL PROCEDURE
ORDERS OTHER THAN CIVIL DEBT
99. Complaint.
100. Summons to defendant.
101. Domestic proceedings: report by probation officer of attempted conciliation.
102. Order of dismissal of complaint.
103. Order on complaint.
104. Summons to defaulter: rate.
105. Warrant for arrest of defaulter: rate.
CIVIL DEBT
106. Complaint: civil debt.
107. Summons to defendant: civil debt.
108. Order: civil debt.
109. Complaint to enforce order: civil debt.
110. Judgment summons.
111. Distress warrant: civil debt.
112. Commitment: civil debt.
PERIODICAL PAYMENTS: VARIATION, ETC.
113. Complaint to vary, etc., order for periodical payments.
114. Summons to vary, etc., order for periodical payments.
115. Order varying, etc., order for periodical payments.
RECOGNIZANCES
116. Order of recognizance to keep the peace, etc.
117. Summons to vary sureties, etc.
118. Order varying order for sureties.
119. Recognizance: general.
120. Notice of recognizance to principal and sureties.
121. Recognizance of witness and surety.
122. Notice of recognizance to witness.
123. Certificate of amount and conditions of recognizance.
124. Certificate of ability of surety to pay.
125. Notice of recognizance having been entered into.
126. Notice of enlargement of recognizance.
127. Complaint for forfeiture of recognizance to keep the peace, etc.
128. Summons for forfeiture of recognizance.
129. Notice of forfeiture of recognizance.
130. Distress warrant: forfeited recognizance.
131. Commitment: forfeited recognizance.
GENERAL
132. Summons to witness.
133. Warrant for arrest of witness on failure to appear to summons.
134. Warrant for arrest of witness in first instance.
135. Commitment of witness.
136. Commitment of witness after failure to attend trial or after High Court warrant.
137. Warrant for temporary removal from approved school.
138. Warrant for further removal after temporary removal from approved school.
139. Order to bring up prisoner before expiration of period of remand or in connection with recognizance.
140. Declaration of service.
141. Declaration as to handwriting and seal.
142. Certificate of service.
143. Certificate of service by post.
144. Certificate of clerk of magistrates' court of non-payment of sums adjudged.
145. Declaration as to non-payment of sums adjudged.
146. Register.
147. Extract from register proving proceeding of a magistrates' court.
148. Case stated.
CRIMINAL PROCEDURE
FORMS COMMON TO INQUIRY BY...
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