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The Criminal Procedure Rules 2010 Part 5

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The Criminal Procedure Rules 2010 Part 5

The Criminal Procedure Rules 2010 Part 5 as in force on 5 April 2010

    PART 5

    FORMS AND COURT RECORDS

Contents of this Part

Section 1: forms

    Forms rule 5.1

    Magistrates’ courts forms in Welsh rule 5.2 Signature of magistrates’ courts forms by justices’ clerks rule 5.3

Section 2: court records

    Magistrates’ court register rule 5.4

    Registration of endorsement of licence under

     section 57 of the Road Traffic Offenders Act 1988 rule 5.5

    Registration of certificate issued under

     section 70 of the Road Traffic Offenders Act 1988 rule 5.6

    Proof of proceedings in magistrates’ courts rule 5.7

    SECTION 1: FORMS

    Forms

    5.1. The forms set out in the Practice Direction shall be used as appropriate in

    connection with the rules to which they apply.

    Magistrates’ courts forms in Welsh 5.2.(1) Subject to the provisions of this rule, the Welsh language forms set out in

    the Practice Direction or forms to the like effect may be used in connection with

    proceedings in magistrates’ courts in Wales. (2) Both a Welsh form and an English form may be used in the same document.

    (3) When only a Welsh form set out in the Practice Direction accompanying this

    rule, or only the corresponding English form, is used in connection with proceedings

    in magistrates’ courts in Wales, there shall be added the following words in Welsh

    and English:

    Darperir y ddogfen hon yn Gymraeg / Saesneg os bydd arnoch ei heisiau.

    Dylech wneud cais yn ddi-oed i (Glerc Llys yr Ynadon) (rhodder yma’r

    cyfeiriad) .. .. .. .. .. .. .. .. .. .. ..

    This document will be provided in Welsh / English if you require it. You should

    apply immediately to (the Justices’ Clerk to the Magistrates’ Court)

    (address) .. .. .. .. .. .. .. ... .. .. (If a person other than a justices’ clerk is responsible for sending or giving the

    document, insert that person’s name instead.) (4) The justices’ clerk or other person responsible for the service of a form bearing

    the additional words set out in paragraph (3) above shall, if any person upon whom

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The Criminal Procedure Rules 2010 Part 5 as in force on 5 April 2010

    the form is served so requests, provide him with the corresponding English or Welsh

    form.

    (5) In this rule any reference to serving a document shall include the sending, giving

    or other delivery of it.

    (6) In the case of a discrepancy between an English and Welsh text the English text

    shall prevail.

    Signature of magistrates’ courts forms by justices’ clerk

    5.3.(1) Subject to paragraph (2) below, where any form prescribed by these Rules contains provision for signature by a justice of the peace only, the form shall have

    effect as if it contained provision in the alternative for signature by the justices’ clerk.

    (2) This rule shall not apply to any form of information, complaint, statutory

    declaration or warrant, other than a warrant of commitment or of distress.

    (3) In this rule where a signature is required on a form or warrant other than an

    arrest, remand or commitment warrant, an electronic signature incorporated into the

    document will satisfy this requirement.

    SECTION 2: COURT RECORDS Magistrates’ court register 5.4.(1) A magistrates’ court officer shall keep a register in which there shall be entered

    (a) a minute or memorandum of every adjudication of the court; and

    (b) a minute or memorandum of every other proceeding or thing required by these

    Rules or any other enactment to be so entered.

    (2) The register may be stored in electronic form on the court computer system and

    entries in the register shall include, where relevant, the following particulars

    (a) the name of the informant, complainant or applicant;

    (b) the name and date of birth (if known) of the defendant or respondent;

    (c) the nature of offence, matter of complaint or details of the application;

    (d) the date of offence or matter of complaint;

    (e) the plea or consent to order; and

    (f) the minute of adjudication.

    (3) Particulars of any entry relating to a decision about bail, or the reasons for any

    such decision, or the particulars of any certificate granted under section 5(6A) of the

    Bail Act 1976(a), may be made in a record separate from that in which the entry recording the decision itself is made; but any such separate record shall be regarded as

    forming part of the register.

(a) 1976 c. 63; section 5(6A) was inserted by section 60 of the Criminal Justice Act 1982 (c. 48) and amended by section 165 of, and paragraph 53 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6); and, in relation to certain cases, by section 41 of, and paragraph 48 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). It is further amended by sections 41 and 331 of, and paragraph 48 of Schedule 3, paragraphs 1 and 2 of Schedule 36, and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

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The Criminal Procedure Rules 2010 Part 5 as in force on 5 April 2010

    (4) Where, by virtue of section 128(3A) of the Magistrates’ Courts Act 1980(a), an

    accused gives his consent to the hearing and determination in his absence of any

    application for his remand on an adjournment of the case under sections 5, 10(1) or

    18(4)(b) of that Act, the court shall cause the consent of the accused, and the date on which it was notified to the court, to be entered in the register.

    (5) Where any consent mentioned in paragraph (4) is withdrawn, the court shall

    cause the withdrawal of the consent and the date on which it was notified to the court

    to be entered in the register.

    (6) On the summary trial of an information, the accused’s plea shall be entered in

    the register.

    (7) Where a court tries any person summarily in any case in which he may be tried

    summarily only with his consent, the court shall cause his consent to be entered in the

    register and, if the consent is signified by a person representing him in his absence,

    the court shall cause that fact also to be entered in the register.

    (8) Where a person is charged before a magistrates’ court with an offence triable

    either way, the court shall cause the entry in the register to show whether he was

    present when the proceedings for determining the mode of trial were conducted; and,

    if they were conducted in his absence, whether they were so conducted by virtue of

    section 18(3) of the 1980 Act (disorderly conduct on his part) or by virtue of section

    23(1) of that Act(c) (consent signified by person representing him). (9) In any case to which section 22 of the 1980 Act(d) (certain offences triable

    way to be tried summarily if value involved is small) applies, the court shall cause its

    decision as to the value involved or, as the case may be, the fact that it is unable to

    reach such a decision to be entered in the register.

    (10) Where a court has power under section 53(3) of the 1980 Act to make an order

    with the consent of the defendant without hearing evidence, the court shall cause any

    consent of the defendant to the making of the order to be entered in the register.

    (11) In the case of conviction or dismissal, the register shall clearly show the nature

    of the offence of which the accused is convicted or, as the case may be, the nature of

    the offence charged in the information that is dismissed.

    (12) An entry of a conviction in the register shall state the date of the offence.

    (13) Where a court is required under section 130(3) of the Powers of Criminal

    Courts (Sentencing) Act 2000(e) to give reasons for not making a compensation order

    the court shall cause the reasons given to be entered in the register.

(a) 1980 c. 43; section 128(3A) was inserted by section 59 of, and paragraph 4 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48) and amended by section 170(1) of, and paragraphs 65 and 69 of Schedule 15 to, the Criminal Justice Act 1988 and sections 49, 52 and 80 of, and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25); and is further amended by sections 41 and 332 of, and paragraph 51 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed. (b) 1980 c. 43; section 5 was amended by section 59 of, and paragraph 1(a) of Schedule 9 to, the Criminal Justice Act 1982 (c. 48) and is repealed by paragraph 51 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed. Section 18(4) was amended by section 59 of, and paragraph 1 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48). (c) 1980 c. 43; section 23(1) was amended by section 125(3) of, and paragraph 25 of Schedule 18 to, the Courts and Legal Services Act 2000 (c. 41). (d) 1980 c. 43; section 22 was amended by sections 38 and 170(2) of, and Schedule 16 to, the Criminal Justice Act 1988 (c. 33), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53), section 2(2) of the Aggravated Vehicle Taking Act 1992 (c. 11) and sections 46 and 168(3) of, and Schedule 11 to, the Criminal Justice and Public Order Act 1994 (c. 33). (e) 2000 c. 6.

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The Criminal Procedure Rules 2010 Part 5 as in force on 5 April 2010

    (14) Where a court passes a custodial sentence, the court shall cause a statement of

    whether it obtained and considered a pre-sentence report before passing sentence to be

    entered in the register.

    (15) Every register shall be open to inspection during reasonable hours by any

    justice of the peace, or any person authorised in that behalf by a justice of the peace or

    the Lord Chancellor.

    (16) A record of summary conviction or order made on complaint required for an

    appeal or other legal purpose may be in the form of certified extract from the court

    register.

    (17) Such part of the register as relates to proceedings in a youth court may be

    recorded separately and stored in electronic form on the court computer system.

    Registration of endorsement of licence under section 57 of the Road Traffic

    Offenders Act 1988

    5.5. A magistrates’ court officer or justices’ clerk who, as a fixed penalty clerk

    within the meaning of section 69(4) of the Road Traffic Offenders Act 1988(a),

    endorses a driving licence under section 57(3) or (4) of that Act(b) (endorsement of

    licences without hearing) shall register the particulars of the endorsement in a record

    separate from the register kept under rule 5.4; but any such record shall be regarded as

    forming part of the register.

    Registration of certificate issued under section 70 of the Road Traffic Offenders

    Act 1988

    5.6. A magistrates’ court officer shall register receipt of a registration certificate

    issued under section 70 of the Road Traffic Offenders Act 1988(c) (sum payable in

    default of fixed penalty to be enforced as a fine) in a record separate from the register

    kept under rule 5.4; but any such record shall be regarded as forming part of the

    register.

    Proof of proceedings in magistrates’ courts 5.7. The register of a magistrates’ court, or an extract from the register certified by

    the magistrates’ court officer as a true extract, shall be admissible in any legal

    proceedings as evidence of the proceedings of the court entered in the register.

    [Note. For the requirement to keep a register, see rule 5.4.]

(a) 1988 c. 53; section 69(4) was amended by section 48 of, and paragraph 105 of Schedule 4 to, the Road Traffic Act 1991 (c. 40), section 109 of, and paragraph 315 of Schedule 8 to, the Courts Act 2003 (c. 39), and section 9 of, and paragraphs 2 and 20 of Schedule 2 to, the Road Safety Act 2006 (c. 49). (b) 1988 c. 53; section 57(3) and (4) was amended by regulations 2(2) and (3) of, and paragraph 17 of Schedule 2 to, S.I. 1990/144 and section 5 of, and paragraphs (1) and (5) of Schedule 1 to, the Road Safety Act 2006 (c. 49). (c) 1988 c. 53; section 70 was amended by section 109 of, and paragraph 316 of Schedule 8 to, the Courts Act 2003 (c. 39) and sections 5, 9(6) and 59 of, and paragraphs 1 and 12 of Schedule 1, paragraphs 2 and 21 of Schedule 2 and paragraph 7 to, the Road Safety Act 2006 (c. 49).

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