2020 No. 284 (L. 9)
The Magistrates’ Courts (Functions of Authorised Persons – Civil Proceedings) Rules 2020
The Lord Chief Justice, with the concurrence of the Lord Chancellor, makes the following Rules in exercise of the powers conferred by section 144 of the Magistrates’ Courts Act 1980and section 67B(1) of the Courts Act 2003, having taken the steps required by section 67C of the Courts Act 2003:
S-1
Citation, commencement and interpretationCitation, commencement and interpretation
1.—(1) These Rules may be cited as the Magistrates’ Courts (Functions of Authorised Persons – Civil Proceedings) Rules 2020 and come into force on 6th April 2020.
(2) In these Rules—
(a)
(a) “the 2003 Act” means the Courts Act 2003;
(b)
(b) “authorised court officer” means a person authorised under section 67B(2) of the 2003 Act by the Lord Chief Justice (or the Lord Chief Justice’s nominee under section 67B(5) of that Act);
(c)
(c) a reference to an authorised court officer who is legally qualified means an authorised court officer who has a qualification specified in regulation 2 of the Authorised Court Staff (Legal Advice Functions) Qualifications Regulations 2020;
(d)
(d) references to a complaint include any civil proceedings in a magistrates’ court, and references to a complainant include the person initiating such proceedings;
(e)
(e) “public authority” has the meaning given by section 17(6) of the Prosecution of Offences Act 1985.
S-2
Functions of magistrates’ courts exercisable by authorised court officersFunctions of magistrates’ courts exercisable by authorised court officers
2. Subject to rule 3, the functions in the Schedule may be exercised by an authorised court officer in any proceedings in a magistrates’ court except in relation to a criminal cause or matter.
S-3
Exercise of functions by authorised court officers: general rulesExercise of functions by authorised court officers: general rules
3.—(1) No authorised court officer may—
(a)
(a) authorise a person’s committal to prison or detention;
(b)
(b) authorise a person’s arrest;
(c)
(c) grant or withhold bail except to the extent that the Schedule allows;
(d)
(d) make the final determination of a case, other than—
(i) dismissing the complaint when the complainant offers no evidence;
(ii) giving a complainant permission to withdraw a case;
(e)
(e) determine the admissibility of evidence;
(f)
(f) make an order for a party or other person to pay costs, unless that party or person agrees;
(g)
(g) order the search, confiscation, restraint, detention or seizure of property;
(h)
(h) determine an appeal or reference to an appeal court, or an application for permission to appeal or refer.
(2) The exercise by an authorised court officer of a function listed in the Schedule is subject to the same conditions as apply to the exercise of that function by the court or person whose function it is.
(3) Unless the context makes it clear that something different is meant, any provision in these Rules permitting the exercise of a function by an authorised court officer includes a power to decline to exercise the function.
(4) An authorised court officer who is not legally qualified may not exercise a function listed in the Schedule in a case in which a District Judge (Magistrates’ Courts), a justice of the peace or an authorised court officer who is legally qualified so directs.
Burnett of Maldon, C.J.
SCHEDULE
Rule 2
FUNCTIONS OF A MAGISTRATES’ COURT WHICH MAY BE EXERCISED BY AN AUTHORISED COURT OFFICER
1 Functions exercisable by any authorised court officer
An authorised court officer may—
a fix, cancel or vary the date, time or place for a hearing, including a trial, or adjourn a hearing;
b adjourn, remit or transfer proceedings from one local justice area to another;
c determine an application to extend a time limit set by a rule or by the court, unless the effect would be—
i to affect the date of any hearing that has been fixed, including a trial; or
ii significantly to affect the progress of the case in any other way;
d issue a summons at the request of a public authority;
e give a complainant permission to withdraw a case;
f fix the date, time and place of a hearing;
g amend the local justice area or responsible officer named in an order of the court;
h grant bail and remand the defendant where the defendant has previously been remanded on bail in the proceedings;
i state a case for the opinion of the High Court where the decision under appeal was made by an authorised court officer;
j authorise the inspection of court records pursuant to rule 66(12) of the Magistrates’ Courts Rules 1981;
k endorse process for service in Scotland or Northern Ireland.
2 Functions exercisable only by an authorised court officer who is legally qualified
An authorised court officer who is legally qualified may (but an authorised court officer who is not legally qualified may not)—
a determine an application to extend a time limit set by a rule or by the court;
b give, vary or revoke directions for the conduct of proceedings, including—
i the timetable for the case;
ii the attendance of the parties;
iii the service of documents (including summaries of any legal arguments relied on by the parties);
iv the manner in which evidence is to be given, insofar as these Rules make no other provision;
c actively manage the case in accordance with rule 3A of the Magistrates’ Courts Rules 1981;
d impose a reporting restriction under section 39 of the Children and Young Persons Act 1933(identity of a person under 18) where there is no objection to the order;
e give permission for proceedings to be recorded;
f ask a court security officer to remove a person from a courtroom;
g issue a summons and give directions for its service;
h dismiss a complaint where the complainant offers no evidence...
