Commencing
proceedings in magistrates’ courts
7.1
Information and complaint
(1)
An information may be laid or complaint made by the prosecutor or complainant
in person or by his counsel or solicitor or other person authorised
in that behalf.
(2)
Subject to any provision of the Magistrates’ Courts Act 1980 (
(1)) and any other enactment, an information or complaint need not be
in writing or on oath.
Formerly
rule 4(1) and (2) of the Magistrates’ Court Rules 1981 ( (2)).
As to the form of an information, see rules 7.2 and 7.3.
7.2
Statement of offence
(1)
Every information laid in, or summons, warrant or other document issued
or made by, a magistrates’ court shall be sufficient if it—
(a)
describes the offence with which the accused is charged, or of which
he is convicted, in ordinary language avoiding as far as possible
the use of technical terms; and
(b) gives such particulars as may be necessary to provide reasonable
information about the nature of the charge.
(2)
It shall not be necessary for any of those documents to—
(a)
state all the elements of the offence; or
(b) negative any matter upon which the accused may rely.
(3)
If the offence charged is one created by or under any Act, the description
of the offence shall contain a reference to the section of the Act,
or, as the case may be, the rule, order, regulation, bylaw or other
instrument creating the offence.
Formerly
rules 4(3) and 100 of the Magistrates’ Courts Rules 1981.
7.3
Information to be for one offence only
(1)
Subject to any Act passed after 2nd October 1848, a magistrates’
court shall not proceed to the trial of an information that charges
more than one offence.
(2)
Nothing in this rule shall prohibit two or more informations being set
out in one document.
(3)
If, notwithstanding paragraph (1), it appears to the court at any stage
in the trial of an information that the information charges more than
one offence, the court shall call upon the prosecutor to elect on which
offence he desires the court to proceed, whereupon the offence or offences
on which the prosecutor does not wish to proceed shall be struck out
of the information; and the court shall then proceed to try that information
afresh.
(4)
If a prosecutor who is called upon to make an election under paragraph
(3) fails to do so, the court shall dismiss the information.
(5)
Where, after an offence has or offences have been struck out of the
information under paragraph (3), the accused requests an adjournment
and it appears to the court that he has been unfairly prejudiced, it
shall adjourn the trial.
Formerly
rule 12 of the Magistrates’ Courts Rules 1981.
7.4
Duty of court officer receiving statutory declaration under section
14(1) of the Magistrates’ Courts Act 1980
Where
a magistrates’ court officer receives a statutory declaration
which complies with section 14(1) of the Magistrates’ Courts Act
1980 ( (3)) (accused did not know of proceedings), he shall—
(a)
note the receipt of the declaration in the register; and
(b) inform the prosecutor and, if the prosecutor is not a constable,
the chief officer of police of the receipt of the declaration.
Formerly
rule 20 of the Magistrates’ Courts Rules 1981. As to the requirement
to keep a register, see rule 6.1.
7.5
Notice of order under section 25 of the Road Traffic Offenders Act 1988
(1) Where a magistrates’ court makes an order under section 25
of the Road Traffic Offenders Act 1988 ( (4)) that an offender shall
inform the court of his date of birth or sex or both and the offender
is not present in court, the court officer shall serve notice in writing
of the order on the offender.
(2)
A notice under this rule shall be served by delivering it to the offender
or by sending it to him by post in a letter addressed to him at his
last known or usual place of abode.
Formerly
rule 108 of the Magistrates’ Courts Rules 1981.
7.6
Statutory declaration under section 72 and 73 of the Road Traffic Offenders
Act 1988
Where
a magistrates’ court officer receives a statutory declaration
under section 72 and 73 of the Road Traffic Offenders Act 1988 ( (5))
(fixed penalty notice or notice fixed to vehicle invalid) he shall send
a copy of it to the appropriate chief officer of police.
Formerly
rule 112 of the Magistrates’ Courts Rules 1981.
7.7
Form of summons
(1)
A summons shall be signed by the justice issuing it or state his name
and be authenticated by the signature of the clerk of a magistrates’
court.
(2)
A summons requiring a person to appear before a magistrates’ court
to answer to an information or complaint shall state shortly the matter
of the information or complaint and shall state the time and place at
which the defendant is required by the summons to appear.
(3)
A single summons may be issued against a person in respect of several
informations or complaints; but the summons shall state the matter of
each information or complaint separately and shall have effect as several
summonses, each issued in respect of one information or complaint.
(4)
In this rule where a signature is required, an electronic signature
incorporated into the document shall satisfy this requirement.
Formerly
rule 98 of the Magistrates’ Courts Rules 1981. As to the service
of a summons, see rule 4.1.
7.8
Summons or warrant to secure attendance of a parent or guardian at a
youth court
Where
a child or young person is charged with an offence, or is for any other
reason brought before a court, a summons or warrant may be issued by
a court to enforce the attendance of a parent or guardian under section
34A of the Children and Young Persons Act 1933 ( (6)), in the same manner
as if an information were laid upon which a summons or warrant could
be issued against a defendant under the Magistrates’ Courts Act
1980 and a summons to the child or young person may include a summons
to the parent or guardian to enforce his attendance for the said purpose.
Formerly
rule 26 of the Magistrates’ Courts (Children and Young Persons)
Rules 1992 ( (7)).
7.9
Magistrates’ court officer to have copies of documents sent to
accused under section 12(1) of the Magistrates’ Courts Act 1980
Where
the prosecutor notifies a magistrates’ court officer that the
documents mentioned in section 12(1)(a) and 12(1)(b) of the Magistrates’
Courts Act 1980 ( (8)) have been served upon the accused, the prosecutor
shall send to the court officer a copy of the document mentioned in
section 12(1)(b).
Formerly
rule 73 of the Magistrates’ Courts Rules 1981. Section 12 of the
Magistrates’ Courts Act 1980 applies where a summons has been
issued requiring a person to appear before a magistrates’ court,
other than a youth court, to answer an information for a summary offence
punishable with not more than 3 months’ imprisonment. The documents
mentioned in section 12(1)(b) are: a notice stating the effect of section
12, and either a statement of the facts to be placed before the court
if the accused pleads guilty by post, or copies of the statements of
the prosecution witnesses.
